Comments on: "This Is A Tough One"

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by aliciatango March 25, 2009 9:40 AM EDT
A vibrant, handsome young man struck down way before his time due to a misdiagnosis. This is totally unaccetpable and for the Govenment to hide behide a loop hole called the Feres Doctrine is appalling. The "mistakes and oversights" that the Goverment continually make is having adverse effects on the public at large. It needs to stop - enough is enough already. To the family, my thoughts and prayers go out to them.
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by va_chick70 March 24, 2009 10:00 PM EDT
My Husband, SSG. Steven L. Felton was on Active Duty and Medically Retired by being placed on TDRL, the same that he died. Upon his return from Iraq he was diagnosed with Cancer, stage 3A Hodgkin?s Lymphoma. He under went 6 rounds of chemotherapy and within 8 months he was admitted to intensive care where his condition worsened because of Bleomyicin toxicity.
One week later, while still on active duty I was told that he was going to die within a few hours. His cancer had gone undiagnosed while he was on active duty. He was given too much chemo drugs and I cannot sue the military for medical malpractice. Due to The Feres Doctrine, a 1950 Supreme Court ruling which forbids active-duty military personnel and their families from suing the federal government for injuries incidental to their service
At the time of my husband?s death I was told that my daughter and I would not be eligible to receive any benefits, unless the Army medically retired him. He was placed on the TDRL or Temporary Retired Disabled List. I now know that because he was placed in this retired status we have been eliminated from other benefits and enhancements.
He was on active duty and his injuries and illness had already been determined to be in the line of duty. He had not gone through a MED board and he was not able to communicate with me or the hospital staff. He was placed on life support and remained on life support, the whole time he was in the intensive care unit. As I stated earlier, I was told that he MUST be medically retired immediately, or my daughter and I would not receive any benefits.
It is my understanding that there was a change and now subsequent changes to the policies regarding the Death of Service members who are on active duty. The change, R10-02 to Chapter 52 of the DoD FMR, Volume 7B effective September 10, 2001 and Public Law 107-107, section 642 dated December 28 2001, enhanced and allowed SBP benefits to beneficiaries of members on active duty who died in the line of duty and are not yet retirement eligible
Congress made amendments that changed the rules. I have been told that I am unable to receive these benefits because they decided my husband needed to be retired before he died.
The laws had changed and the Army was still using them. As a result, many service members? families have been cheated out of benefits, money, and services that they should have received.
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by tinytravel February 3, 2008 11:10 AM EST
I would love to show my military malpractice to the public. Altering records is a crime also.

Unemployable, no workmans comp, no unemployment insurance, no vet benefits.
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by lsusan100 February 3, 2008 6:43 AM EST
This story broke me. Thank you for caring enough to do it. It is 100% correct. When you join the miltary, you lose your rights. This young man lost his life and what did the military do for him ?
They left him. Believe me, this is standard SOP for the men and woman who bothered to serve. I know becaue I was one of them. My story is horrible but the story you did on this young man says it exactly the way ot is for all men and woman who bothered to serve. Thank you for doing it...
LS, New York
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by dermnurse01 February 3, 2008 1:20 AM EST
I think Sgt Rodriguez did exhibit he had self-responsibility by visiting medical personnel on several occasions for his "wart". As most Americans do and should he put his trust in his physician. Unfortunately his Dr. didn''t know a melanoma from a wart. Or he was without conscience and purposely told him this was a wart to make it seem less pressing to Rodriguez to get treatment. I''m disgusted by these Dr.''s lack of enthusiasm to treat or excise a problem lesion of any sort...even if it would have been a wart. After reading these stories on here I am under the impression that these soldiers are treated like 2nd class citizens by their Military Medical Professionals. He did have self responsibility...He just had a crappy Dr. who he trusted.
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by elle2776 February 2, 2008 8:42 PM EST
I was disturbed and outraged after watching this story so I contacted my senators and representatives to make a change. I also went to the VERPA website and signed their petition to abolish the Feres Doctrine. I was shocked to see that so far they only had 4406 signatures, hopefully as the word of this story spreads the number of signatures will increase. My condolences to the family for their loss. It was courageous for both Carmelo and his family for letting the rest of the world know their story, a change in law needs to be made.
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by elle2776 February 2, 2008 8:41 PM EST
I was disturbed and outraged after watching this story so I contacted my senators and representatives to make a change. I also went to the VERPA website and signed their petition to abolish the Feres Doctrine. I was shocked to see that so far they only had 4406 signatures, hopefully as the word of this story spreads the number of signatures will increase. My condolences to the family for their loss. It was courageous for both Carmelo and his family for letting the rest of the world know their story, a change in law needs to be made.
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by quietman1500 February 2, 2008 5:30 PM EST
Sgt Rodrigues fate made me write to my Senators and my Rep what follows is the text I sent: Please take the time to read CBS news of the US Marine who died due to a misdiagnosis. The news article and vidio is appalling. To think that a cancer was diagnosed and untreated causing Sgt. Carmelo Rodriguez, to suffer and die, because of a Military Doctors failure to treat him prior to his deployment is inexcusable. Negligence on the part of our military and veteran Doctors should be prosicuted when this type of health care is provided. We ask our young men and women to serve our country fighting where we tell them and for as long as we tell them, but yet when a Doctor doesn''t do his job we tell the Soldier oh well we''ll discharge you send you home to die and make your family pay all funeral expences. But what was done to Sgt. Rodrigues is a slap in the face of every active duty serviceman and service women. And every veteran that has ever served our Country. What needs to happen now is for everyone to contact there Senators and Rep,until such time as the people of our Country tell them that this kind of treatment is not tolerated, this kind of Medical Malpractice will continue. Our Hearts and Prayers go out to The Family of US Marine Sgt CarmeloRodrigues SEMPER FIDELIS
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by quietman1500 February 2, 2008 5:13 PM EST
This story about Sgt. Rodrigues was so disturbing that i felt compelled to write both of My Senators and my Representative.
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by a201214 February 2, 2008 4:37 PM EST
I can not believe someone would go so far as to post a comment about this being Sgt. Rodriguez''s
"fault". He was told by Military doctors on several occassions (even as late as 2005) that this was a wart and nothing more. I was shocked and outraged at this story. In this case this gentleman deserves the same right everyone of us has to be able to bring suit against the government doctors. I am a disabled veteran and just appalled at all the people out there who don''t think is an outrage. If it were you (or your loved one) don''t you think things would be different? Please reach out to your Congressman(men) and Senator''s and ask that something be done about this injustice. This is not the first time and won''t be the last unless we as Americans stand up for those that are fighting for us.
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