The effect of the doctrine was substantially limited by a change in the law made by the National Defense Authorization Act for Fiscal Year 2020, which created an administrative process to hear claims of medical malpractice.
A common issue arising under the Federal Tort Claims Act, as to which Courts of Appeals are in conflict, makes it appropriate to consider three cases in one opinion.
Decedent perished by fire in the barracks at Pine Camp, New York, while on active duty in service of the United States.
Negligence was alleged in quartering him in barracks known or which should have been known to be unsafe because of a defective heating plant, and in failing to maintain an adequate fire watch.
After trial, finding negligence as a fact, Judge Chesnut carefully reexamined the issue of law and concluded that the Act does not charge the United States with liability in this type of case.
The Court of Appeals, Tenth Circuit, reversed and, one judge dissenting, held that the complaint stated a cause of action under the Act.
Leonce J. Miller, III brought suit against the United States government after he was knocked overboard and unconscious by the boom of the sailboat he was navigating due to improper training and inclement weather.
Prior to post-op, and shortly following surgery, a military nurse anesthetist re-inserted an endotracheal tube into his esophagus instead of his trachea, forcing life-saving oxygen to be pumped into his stomach, instead of his lungs, and then utilized a pediatric medical device to try and save him, resulting in an anoxic brain injury that left him in a vegetative state.
[19] In March 2009, Representative Maurice Hinchey of New York's 22nd congressional district introduced the Carmelo Rodriguez Military Medical Accountability Act of 2009, an amended version of a bill from 2008.
This case concerned an unnamed plaintiff who was allegedly raped by a fellow cadet during her second year at West Point University.
After exhausting administrative proceedings, Jane Doe sued the government by invoking the Federal Torts Claims Act, but was dismissed by the district court under the Feres Doctrine.