Congressman Cohen Chairs Subcommittee Hearing on Military Medical Accountability

The hearing featured two panels of witnesses: the first panel featured Congressman Maurice Hinchey (NY-22), who introduced the legislation under consideration; and the second panel will consisted of Ivette Rodriguez, the brother of the service member after whom H.R. 1478 was named; Eugene R. Fidell, a partner in the Military Practice Group of Feldesman Tucker Leifer & Fidell LLP and the Florence Rogatz Visiting Lecturer in Law at Yale Law School; and Stephen A. Saltzburg, the Wallace and Beverly Woodbury University Professor of Law at George Washington University Law School.

“In the 1950 Feres case, the Supreme Court created an exception that service members can never sue the government whenever their injuries are incident to service,’” said Congressman Cohen. “This ruling, now known as the Feres doctrine, has been subject to strong criticism within the Court itself. Justices, as diverse in their approaches to statutory interpretation as Justices Stevens and Scalia, have condemned it. Nevertheless, the Court has stood by it for almost 60 years now and will likely continue to do so.”

In his opening statement, Congressman Hinchey said, “The question before you is whether or not we, as members of this Congress, believe that members of our nation's military are deserving of the same rights as you or I. [The Feres ruling] has left families with no recourse for addressing the loss of a loved one due to obvious medical malpractice by military doctors and other medical personnel.”

He added, “As a veteran and member of Congress, I believe we must match the dedication and sacrifice of our soldiers with the adequate healthcare they deserve and a fair avenue of recourse in the case that they do not receive it.”

H.R. 1478 is named for Marine Sergeant Carmelo Rodriguez, who was repeatedly misdiagnosed by military doctors and died recently of melanoma. Chairman Cohen and the Subcommittee watched a report filed CBS News correspondent Byron Pitts that aired in January about Sgt. Rodriguez that showed him 18 months after military doctors misdiagnosed his cancer as “a wart,” and saw the once-strong soldier emaciated and dying. Just minutes after meeting Pitts, Sgt. Rodriguez died in his house surrounded by family members. The report is available to view online here: https://www.cbsnews.com/stories/2008/01/31/eveningnews/main3776580.shtml.

Ivette Rodriguez, sister of Sgt. Rodriguez, said in her statement: “When the medical personnel failed to provide the basic care that would have saved my brother, they hid behind the military. Now that the military failed to live up to their oath, they hid behind a nearly 60 year-old precedent called the Feres Doctrine.”

She continued, “My question for Congress is how could it be possible that of all Americans, members of the military and their families are left no recourse in the face of such medical negligence?”

After the hearing, Chairman Cohen stated, “I think it was clear from the testimony we heard today that something must be done to give our brave fighting men and women the same rights of legal recourse in cases of medical malpractice as all other Americans. The circumstances surrounding the death of Sgt. Rodriguez are tragic and heartbreaking and I hope we helped shed some light on this issue today. I look forward to continuing to work with Congressman Hinchey to get legislation passed that will address the problems we heard about today.”

# # #

Contact:
Marilyn Dillihay, Press Secretary, 202-225-3265
Charlie Gerber, Communications Assistant, 202-225-3265