Veteran’s Medical Malpractice Lawsuit Denied, Absurd Feres Doctrine

According to the lawsuit, “The procedure was complicated by a loss and/or depression” in Carter’s measurable brain activity or “neurophysiological signals” during the “negligent placement” of a trial spacer (used to create space and relieve nerve compression) at his mid-cervical spine. Carter was unable to move his extremities when he woke from the anesthesia. A second corrective surgery took place which was “unsuccessful.” He was transferred to a Veteran Affairs hospital for spinal cord rehab therapy. In 2019, he was recommended for discharge with a 100% disability rating. In 2020, he was relieved from active duty.

Plaintiffs Ryan G. Carter and his wife, Kathleen E. Cole, filed the lawsuit against the United States of America “pursuant to and in compliance with” the Federal Tort Claims Act and the “National Defense Authorization Act” alleging Medical Negligence, Loss of Consortium” and “Informed Consent”, according to court documents. However, according to the Government, the suit is barred by the Feres doctrine from 1950.

Feres Doctrine

The Feres Doctrine blocks members of the military from bringing legal claims against the government for injuries, or in the case of death, it blocks their families from filing a claim. The precedent stems from a controversial court ruling over a case involving the Federal Tort Claims Act, a law that governs how U.S. citizens can sue the government for negligence or wrongdoing.

According to Task & Purpose, the Supreme Court in 1950 dismissed a lawsuit brought by the widow of Army Lt. Rudolph Feres, who died in 1947 when his barracks caught fire due to a defective heating system. The Supreme Court ruled that the federal government could not be held liable for injuries to members of the armed forces arising from activities incident to military service.

Getting back to Carter, an amicus brief filed was filed on behalf of the Coalition of Heroes, National Military Family Association, Reserve Organization of America, Jewish War Veterans of the USA, Swords to Plowshares, and The Center for Law and Military Policy, said “It is high time for the courts that created Feres to end it once and for all.” As well, current members of Congress (including Democrats and Republicans and retired military leaders), former military officials and several veterans’ groups concurred.

The Feres Doctrine has long faced criticism from service members, military families and advocacy groups who argue that the Supreme Court precedent sets a double standard: One set of rules for civilians and another for service members. Under Feres, if a civilian and a service member went to the same hospital and received care for the same injury and malpractice occurred in both cases: the civilian could file a claim for damages against the government, but the service member could not. 

The brief was filed with the Supreme Court because Carter’s lawyer petitioned the court after the case was denied by the Fourth Circuit Court of Appeals. “That’s the absurdity of the Feres Doctrine. Family members who were in the same household have different relief,” A lawyer who helped file the brief told Task & Purpose.

The brief also includes another consequence of the Feres Doctrine. Lauren Palladini, president of the Coalition of Heroes, nearly died from a botched surgery at Womack Army Medical Center at Fort Liberty, North Carolina. Palladini was 22 years old when she underwent a cesarean section while on active duty in the Army. A hemorrhaging artery led to 39 days of blood transfusions and a hysterectomy as a result of the malpractice, which “erased her dreams of conceiving and carrying future children.”

Veterans groups representing Carter argue that the Feres decision contradicts the text and purpose of the Federal Tort Claims Act and wrongly denies military members of “orthodox legal remedies that Congress clearly opted to supply.” In fact, Feres has become “fully unhinged and incoherent” and now denies relief for all servicemember injuries “even remotely related” to their military status without regard for the event location or “nexus between the injury-producing event” and the essential defense or military purpose from which the injury took place.

“Turning a blind eye to Feres aggravates an institutional crisis, as the Armed Forces struggle more than ever to fill the ranks due to widespread institutional “mistrust,” the brief stated in August 2024. “That mistrust surely grows whenever headline-grabbing military tragedies occur and Feres absurdly denies recovery.”