• 08
  • August
    2011

We have noted on this blog the U.S. Supreme Court's recent refusal to hear a case which sought to challenge the 61-year-old Feres Doctrine, which prevents military members from suing military medical personnel for medical malpractice. Under the Feres Doctrine, though, dependants of military members may sue in civil court.

The U.S. government recently paid $7.5 million to the husband of an Air Force member who was disabled due to the negligence of Air Force medical staff. He himself is a retired Master Sergeant.

According to sources, the injuries occurred while she was at Andersen Air Force Base clinic in Guam. Medical staff there reportedly failed to diagnose her with a herniated spinal disc.

Court documents detail that the woman had went for medical treatment to Air Force medical staff for numbness in her groin, legs, and feet between July and August 2004. During that time, a doctor's assistance and a nurse failed to give her basic medical examination and never reported the case to their supervisors. They also misdiagnosed her condition. Sometime later, the woman underwent emergency surgery, after which she continues to suffer from nerve damage due to an untreated herniated disc.

Back in March, the 9th U.S. Circuit Court of Appeals upheld a a 2008 verdict by the Guam district court which awarded the woman $7.5 million. That amount was upheld on the basis that the amount was not excessive given the extent of the injuries suffered.

The effects of injuries such as those suffered by the woman in this case can be far-reaching and have a large impact on a person's ability to be independent and earn a livelihood. While $7.5 million may seem to be an excessive award, victims deserve compensation for such negligence.

Source: Stars and Stripes, "U.S. government pays $7.5 million to medical malpractice victim," Travis J. Tritten, August 4, 2011.