Thread by @JamesWClark

As we take a moment this #VeteransDay to honor those who served, and reflect on the costs of that service, I want to discuss an issue we've covered at length at @TaskandPurpose this past year: the Feres Doctrine.

The 1950 legal rule bars service members and their families from suing the government in cases of negligence or wrongdoing: from training incidents; to workplace violence; sexual assault; and medical malpractice.

That description hardly captures the scope of it.

Last week I spoke with the parents of a Navy Corpsman who died following a shoulder surgery. The operation was a success, but according to his parents' lawsuit, his doctors repeatedly ignored complaints that his pain meds weren't working, and continued to up the dosage.

That sailor, HM3 Jordan Way, died three days later of hypoglycemia brought on by opioid toxicity. (Originally, it was ruled as an overdose and it took over a year for the Navy to correct that mistake.)

Prior to the surgery, his mother told me she begged Jordan to wait until he was out of the Navy for the operation. Her father, a WW2, Korea, and Vietnam vet, died due military medical malpractice. Her son's response: "It'll be fine. They've got my back."

His parents are barred from suing the government for medical malpractice.

Because of the Feres Doctrine, in the eyes of the law, his death was simply a risk of serving in uniform.

(More on this story soon.)

His is hardly the only example.

There's Sgt. 1st Class Richard Stayskal, a Green Beret whose cancer was missed for months by Army doctors. It's now terminal, and he's spent his remaining days campaigning for medical malpractice reform.

taskandpurpose.com/richard-staysk…

There's Capt. Katie Blanchard, who repeatedly warned her commanders that her subordinate was dangerous. Those warnings went unheeded, then he attacked her at work, and set her on fire.

Her suit, is also barred.

taskandpurpose.com/katie-blanchar…

For two years Pfc. Carson Thomas was told by Army docs that he had a hernia. He didn't, it was cancer. It took the VA days to catch the Army had missed for years.

His case is barred as well.

taskandpurpose.com/army-misdiagno…

Sgt. Jeremy Seals died in October 2018 after a protracted battle with stomach cancer. For years, the Army thought that he too had a hernia — it was cancer. His widow's lawsuit is barred under the Feres Doctrine.

taskandpurpose.com/fort-campbell-…

In April a number of victims of military medical malpractice and their loved ones descended on Capitol Hill, along with lawyers and advocates to testify before Congress on why Feres must be changed. You can read what they had to say, here:

taskandpurpose.com/congress-feres…

I understand that today is flooded with news, but I encourage you to take a moment to look into this 69-year-old legal rule that has deprived troops and their families of legal recourse for decades.

Given that the Feres Doctrine is a Supreme Court precedent, it can only be changed two ways: Either SCOTUS can reverse the initial ruling (they denied a recent petition that may have done just that), so it seems unlikely in the immediate future.

taskandpurpose.com/supreme-court-…

Or, Congress can make an amendment to the Federal Tort Claims Act (the underlying law which allows people to sue the government).

There's currently a bill to do just named after Sgt 1st Class Richard Stayskal, but it's not without opposition on the Hill: Sen. Lindsey Graham.

We wrote about Stayskal's fight to get support on the Hill, (link above) as did @MattGrantFOX46, (his thread, below).

https://twitter.com/MattGrantFOX46/status/1183901814804090882?s=20

A brief note on @LindseyGrahamSC's opposition to changing Feres:

https://twitter.com/JamesWClark/status/1193998677020422144?s=20