A Question Of Care: Military Malpractice?

One Marine Served His Country With Care. Was His Cancer Misdiagnosed, Leading To His Death?

(CBS)  Carmelo Rodriguez was dancing with his niece just last year. By all accounts Rodriguez, a 29-year old, loved life, his family and the Marine Corps. He was also an artist, a father, and a part-time actor. He once appeared with Katie Holmes in a scene on the TV series Dawson's Creek.

An image of Sgt. Rodriguez with his Marine buddies in Iraq in 2005 shows him as a fit, gung-ho platoon leader.

CBS News correspondent Byron Pitts met Rodriguez two months ago. That once-buff physique had been whittled down to less than 80 pounds in 18 months by stage 4 melanoma. He was surrounded by family, including his 7-year-old son holding his hand. It was Rodriguez's idea we meet.

When Sgt. Rodriguez was in Iraq, military doctors, he says, misdiagnosed his skin cancer. They called it "a wart."

Eight minutes after Pitts met Sgt. Carmelo Rodriguez, and CBS News was preparing to interview him, he died.

At his family's insistence, Pitts and the camera crew stayed. With his body in the very next room, Pitts sat down with his relatives.

Pitts asked: "Why have us here for such a painful moment for your family?"

"[It was] His wish to have this known, because he doesn't want any other soldier to fight for his country and go through what he had to go through," said Rodriguez's uncle, Dean Ferraro. "To be neglected."

"He said, 'don't let this be it. Don't let this be it. Fight!'" his sister, Elizabeth Rodriguez, said. "That's what we're doing. We're gonna fight for him."

The "fight," as they call it is over what's known as the Feres Doctrine, a 1950 U.S. Supreme Court ruling that bars active-duty military personnel and their families from suing the federal government for injuries incidental to their service. In other words, unlike every other U.S. citizen, people in the military cannot sue the federal government for medical malpractice.

"When he enlisted in 1997, from his initial medical checkup - you know what I mean, physical - the doctor documented that he had melanoma, but never told him 'have anyone follow up on it,'" Ferraro said. "And that was back in '97. If we would have known back in '97, he would still be with us."

CBS News was given a copy of that medical report. The doctor notes skin as "abnormal." In further details he describes it as "melanoma on the right buttocks." There's no recommendation for further treatment.

Eight years pass. Sgt. Rodriguez is in Iraq.

"If a birthmark is about that big [she holds up two hands], and … it has a raise like that and is pussing, just let it go and say it's a wart??" his sister, Elizabeth, said. "Who does that; how does that happen? It's not right. It's not right."

His uncle Wilfredo Negron said: "Twenty-nine years old! You know all his life is good. Never into drugs, never into partying. Served his country faithfully. Served his Lord faithfully! He held on positive because he's a warrior. He's a Marine. He fought for his country and also for his family."

According to a veterans group that tracks soldiers who are misdiagnosed, there are hundreds of misdiagnosed cases across the country.

Twenty-five-year-old Air Force Staff Sgt. Dean Patrick Witt was one of them. Witt's family says his appendicitis was repeatedly misdiagnosed. After emergency surgery, Witt ended up brain dead.

He later died.

Pitts spoke with Military law expert Eugene Fidell, who is an attorney.

"You talk to military families who believe they have a malpractice case against the military and you tell them what?" Pitts asked.

"It's very very difficult when I get these calls, and I get these calls repeatedly over the course of a year. I probably get one ever couple months," Fidell said. "These people have to be made to understand that the law simply doesn't permit them to bring a lawsuit. They can bring a lawsuit, but their lawsuit will be a complete waste of time."

Pitts showed Fidell a copy of Rodriguez's medical records.

Military emails show that Sgt. Rodriguez's commanding officer, Lt. Col B.W. Barnhill, quotes a military nurse who called Rodriquez case "a major screw up."

An email also reads: "He should have been immediately seen and the wart removed and we may not have gotten to where we are now."

Pitts said to Fidell: "When he's in Iraq, the doctor says we'll have someone look at it when you get back to the states in five months."

He shook his head. "If I had a comparable condition myself, or a member of my family had, and somebody would have said, 'sorry, no one can see you for five months,' I would have fired the doctor!"

But Rodriguez didn't have that option.

"No, he didn't. I hope members of Congress are watching this show," Fidell said. "The law has got to change."

What's the military's response?

"I'm not prepared to discuss the Feres Doctrine," said Navy Capt. William Roberts, the medical officer of the Marine Corps.

Three weeks after CBS News' initial request, the Pentagon granted an interview with Roberts.

But he wouldn't discuss the Feres Doctrine, or Rodriquez's case, saying it was "under investigation."

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Find out more about how Byron Pitts reported this story at Couric & Co.
FYI: Find out how to make your voice heard on this issue.

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As for how many cases like the sergeants?

"I do not have those numbers at all," Roberts said.

Is that because those numbers don't exist or he can't provide them?

"I certainly don't know them," he said.

"If Carmelo Rodriguez was a civilian, his family would have the right to seek damages," Pitts said.

"I am sorry but I can't comment on the legality of that type of redress," he said.

For the Rodriguez family - the best they can hope for is a final report?

"They will get a final report if they ask for it," Roberts said.

Because he was a Marine, Sgt. Carmelo Rodriquez received a military funeral. But, it was an honor his family paid for.

As it turns out, Rodgriquez was forced into retirement due to his illness. Since he was retired, the military was no longer obligated to pay for his funeral.

His son, Carmelo Rodriquez IV, was shown the gratitude of a grateful nation: An American flag - and 55 percent of his father's benefits.

For those who would say these young men and women sign that line saying I turn my life over to the U.S. Military, hey willingly give up some of their rights?

"George Washington said that when a person puts on the uniform, he does not cede being a citizen," Eugene Fidell said.

Rodriguez was a citizen.

But to his family and his friends, he was a so much more.

[bellereve]

Are you kidding me? This is how our soldiers are treated?? After all they do for our country? Absolutely appalling.

[glparsons]

Great Story! But you need to push this to 60 minutes to get more visibility of the story. Challenge this Marine''s Congressman, etc to elicit change.

[raerae728]

How sad indeed this is. What''s even worse --the person in charge at the pentagon ''doesnt have anything to say about it''... I wonder what he is aloud to say..

I am VERY ANGRY with the US military ... how can they treat THEIR SOLDIERS like that?

I hope Jesus comes soon... we desperately need Him.

[gurlinjeep]

I AM APPLAUDED AT HOW THE MILTARY TAKES CARE OF IT''S OWN THIS STORY SHOULD NEVER HAVE HAPPENED.MY PRAYERS GO OUT THE FAMILY OF THIS YOUNG MAN AND OTHERS LIKE HIM THIS SHOULD NEVER HAPPEN THESE MEN AND WOMEN GIVE THERE LIVES FOR OUR COUNTRY AND OUR COUNTRY SHOULD TAKE CARE OF THEM NO MATTER THE COST..........

[elanucia]

Thank you so much for reporting medical military stories. We are a retired Air Force family. We all have our stories or know someone who does. Thank you for exposing Uncle Sam and the sorrow we suffer.
E. Moore

[mtuck4192]

This is an outrage and I am very disturbed and disgusted by the Army''s total medical neglect of this fine young Marine. I am a Veteran and to see that young man suffer in such a way makes me physically ill. Something needs to be done now!

[laskater87]

i think that what the family did was right, but i think the military should pay for eveything. i also believe that the doctor that 1st diagnosed him and didn''t tell any 1 should have to go through the same thing that Carmelo went through or worse. I also think that the Family should Persue the Law suit that they have about malpractice on the militaries part.

[afghanmarine]

I served in the Marines from 2002-2006 and I am disgusted to see this. Of course the Navy captain had no comment. Trust me when you join and the recruiter says free healthcare all that means is they give you motrin and water when you have strept throat. Oh and when they tell your free college they mean community college I am going to be attending Indiana University next year and the tuition is $30,000, you think the military is going to pay that kind of money? No way I have to take loans out for that...all the military wants you for is to go to Iraq and once you come back they step on you like a cockroach.

[edinello]

I am totally disgusted over the treatment of the young soldier. I do not know how someone who has earned the title of a physician can do this to another human being that they are supposed to be caring for.

[Screenwriter40]

It is time for a NEW Administration to restructure/reform the military so
everyone who joins WILL get the proper
medical care! It is time for oversight
to END and a NEW purpose for the U.S.
Military to continue to prosper. It
is time for the U.S. Military to mostly
leave Iraq and hunt for Osama Bin Laden
in Afghanistan or some other country that
houses him. George W. Bush has failed
in this effort, it is time for the next
President to undo his failures!

Markus McLaughlin
marknetproductions.wordpress.com
Hudson, MA, USA

[wconolon]

I can tell you stories about how our military members and their families are treated. I ws a Chaplain in the US Army and also was enlisted in the USMC.

[carlsimmons1]

And here the military wants to recruit a seventeen year old high school senior like myself to fight for our country. I hope it is known to the military that I am in no way obligated to serve, especially after seeing our "wondrous" military come through for its soldiers.

[hsemotan]

As a former military dependent, whose mother was misdiagnosed by military doctors for almost 10 years, this story was particularly hard for me to see. This law has to change. Active duty and their families receive inadequate care and always have. My mother was having heart attacks for years, and the doctors told her to live with it and "jump up and down" to relieve chest pain. She had a massive heart attack at 34, and couldn''t be treated because the base ER staff gave her a laxative shot and told her she was constipated! She almost died. They sued and won but the government appealed the judgement and settled. It sickens me to know that if this had been my father, we would have been left with no recourse after all the sacrifices he made for his country. These people are our heroes, and they deserve better.

[hathjan-2009]

I think the story on the military malpractice did a dis-service to the armed services. We will never know if the young man was told about his condition. I have experienced a few people in my life who knew they had a problem, but did not want to deal with it. Those people never admitted knowing, but it was clear they probably did.

So, in the end can any of us get rich through the death of a loved one because we do not think a doctor told them about a condition in time or because the doctors experimented with treatment? Law suits like this are one cause of increased health care and puts us at risk of a shortage of health care professionals because we sue them over everything. They are human and the last I knew no human was perfect.

[stephp77]

This story is not only heartbreaking it is also outragous! NEVER should anything like this happen to any person including those in the military. This doctor should lose their license. Not only is this malpractice it is probably criminal as well. I also don''t understand why there are rules prohibiting a family to sue the federal goverment. This is perhaps one of the worst laws there is. Perhaps we as the public should work with our representatives and get the law changed.

It makes a person think twice before ever joining the military. I understand about protecting our country but to do that with the knowledge that doctors apparently don''t know what they are doing and intentionally keeping problems with patients is wrong. I would be greatly concerned joining the military knowing that if needed a military doctor there would be problems concerning my care.

My heart goes out to the family and any other families in similar situations.

[lroethel]

It is COMMON practice for the military medical forces to misdiagnose illness. A question here is, was the Marine seen by a REAL doctor, or just a student posing as a doctor? A lot of the time, especially at the VA facilities, they allow students without licenses to operate, diagnose, treat and further botch up the treatments of those individuals that have given of themselves to protect our great nation. While everyone needs to learn... someone has to be responsible... why can they do this to a human being when it is not allowed to do the same to an animal???? Ask me how I know.

[Screenwriter40]

It is time for a NEW Administration to restructure/reform the military so
everyone who joins WILL get the proper
medical care! It is time for oversight
to END and a NEW purpose for the U.S.
Military. It is time for the U.S. Military
to mostly leave Iraq and hunt for Osama Bin
Laden in Afghanistan or some other country
that houses him. George W. Bush has failed
in this effort, it is time for the next
President to undo his failures!

Markus McLaughlin
marknetproductions.wordpress.com
Hudson, MA, USA

[carlsimmons1]

And here the military wants to recruit a seventeen year old high school senior like myself to fight for our country. I hope it is known to the military that I am in no way obligated to serve, especially after seeing our "wondrous" military come through for its soldiers.

[flightmed736]

First of all i would like to thank byran pitts on this report..second of all i was very much angered to find out how the military can treat our soldiers like they are nothing more then machines it seems.this soldier as well as others thust the military to treat them right and give them what they need to do the tough job that is aksed of them and then they get treatment like this? it is so wrong.i hope that the congress takes this story along with the other heart breaking stories of our soldiers lives and really looks at it closely.how would tgey feel if this type of treatment happened to one of thier loved ones?.the government wonders why they have a hard time getting new recruits to fight for our freedom with treatment like this.( no wonder).and this is being posted by a former soldier who was proud to serve his country .but now is wondering why i did it to begin with if this is the treatment that our soldiers get today.

[spydermunkey]

I think the family should try and sue the doctor for attempted murder. Skip going for malpractice, let''s call this what it is. If you do not tell someone they have cancer and they die because of it it is MURDER, not malpractice.

[rfelder01]

I appreciate your warnings about the upcoming story but my heart is still aching from the story on the soldier who died from melanoma. It''s not Katie''s fault, I am just heartbroken. This country ought to be ASHAMED!! I cannot be angry enough. The suggestion to take this to 60 Minutes and dig deeper is the best suggestion I can see right now. Someone needs to answer for him and all soldiers who have suffered at the hands of the military.

[jdazedncon]

i am a veteran and am saddened at the state of the medical field in the armed forces....but these things happen in the civilian world to. my mother went to the doctor with skin cancer and had it removed. in a later follow up, she was told she had a spot on her liver and she had a lump on her leg as well. deciding to get a 2nd opinion, she found out she had metastatic melanoma. seeking treatment, she went to mayo clinic in jacksonville, florida. while in the care of mayo, she was mis diagnosed and mistreated FOUR times. we sent her medical records to dana farber and set up an appointment. the DAY before we were to leave, we got a call from mayo, finally with the right diagnosis. we flew her to dana farber in boston, mass. an EXCELLENT hospital, but because she was mistreated at mayo clinic, she was not able to take part in clinicals and trials that may have extended, if not, saved her life. they told us there was nothing they could do. she went through chemo with another doctor until she decided she wasnted no more....she died aty home. If this can happen in the civilian world and people can get away with it, the military will *** sure have a free pass. until laws are changed and people held accountable, in the military and civilian medical fields, we will continue to lose the ones we love.

[Cindyvdp00]

Not only is this story sad, it is infuriating! Our prisoners in this country get better treatment than our military personnel. To think, this was the thanks this young man got, and the fact that his family had to pay for his funeral because he was forced into medical retirement, due to the neglect of our military heads, is outrageous. I am still in tears over this story.
Cindy VanDePutte

[artnormans]

ABSOLUTELY OUTRAGEOUS! This incredible disregard for people is why the Bush & Cheney children should be in the military along with the children of Congress members. If they were, this kind of incompetancy wouldn''t be tollerated.

And, to add insult to injury his family had to pay for his burial? Time for someone to be court marshalled.

[jasonnsi1]

I am also VERY ANGRY at the US military. I bet if a member of the top brass had something like Mr. Rodriguez''s had on his body, it would have been removed the same day!

[michaelzeze]

I once thought of becoming a member of one our military branches. I did not join. Now, I am thankful for that. This is a disgrace to our military branches, legal branches, and worst of all our country.

To die for your country is heroism. To die for what you believe in and stand for is also heroism. To die because of what your country failed to recognize is plan ignorance! Sometimes, I am ashamed to be an American.

[fourmiboys]

Where do I sign to change that ridiculous law? I never post comments. This story me sick and embarrassed of being an American. Why should I allow my 17 year son in the care of the Gov''t if dogs in the Army are treated better than our service men.

Maybe if the Army was subject to lawsuits they would treat our boys and vets better.

Embarrassed American

[cruizon2005]

My heart broke as I watched this story and I cried with that family in horror of what that family had to live.
That is absolutely uncalled for and someone''s butt should be severely in trouble and removed from any medical practice of any kind as well as kicked out of military. Pathetic!!!!

[rhianna5]

My mother sued the US goverment for malpractice on behalf of my sister who was a dependant of a soldier {her father} in the army even though she was told it could not be done. They tried to settle when my mom declined they missed a deadline and where forced to give way more then if she would have settled. It was a long process that took just over five years, but it was worth it.

[jpeng16990]

As an active duty member, i applaud you for this story. My thoughts and prayers go out to Carmelo''s family.

I also agree that a story like this needs to be THE MAIN SEGMENT FOR 60 MINUTES. The only way this will change is with public outcry and pressure. Until then, things will just remain the same.

[shellybeans8]

How appalling our service people are treated so poorly by a country that is supposed to be by the people and for the people. Maybe those who serve in Congress should get this type of medical treatment and then we''ll see how fast things change.

[fstdle]

This is disgusting and heart wrenching to see a man that had such a promissing future will treated like that. It turns my stomach to see what this country has come to with the treatment of our Military Personnel. The men and women that fight for our country so all be treated like hero''s. God Bless each and everyone of them.
Hartford, Ct

[eve_32]

Yes this story is very sad but it does need to be told on a grander scale. This story is alerting us to the many rights the military robs our soldiers of and it also shows us the importance of routine check ups with competent doctors.

[moonsugar555]

I am sickened! I cannot believe what this family has to endure. What his son has seen. I do not support the war and I typically change the channel when anything military comes on. My son and I often talk about my beliefs about the military and the war. After seeing this report he now understands when I tell him that the military overall will use you and cast you aside. NO ONE DESERVES TO GIVE THEIR LIFE UP FOR THEIR "COUNTRY" AND DIE A DEATH WORSE THAN THE "ENEMIES" THAT THEY HUNT. DISGUSTING! MAY HIS SOUL REST IN PEACE.

[DS9Sisko]

I am heartbroken. Almost literally heartbroken and outraged and in tears by the story of Carmello Rodriguez and the other young man profiled in the story. Our government and military should be ashamed for this and other stories like this of the men and women who protect this country.

I want to thank Byron Pitts for an informative, hardhitting, and deeply moving story, one of the best of his career at CBS News.

And additional thanks to Katie Couric for going forward editorially to allow the time to tell this story with dignity and integrity. Form a journalistic standpoint, this is a highlight of the CBS Evening News under her leadership.

Bernard Jones, Atlanta

[vtnutmeg2]

Thank you for doing this story....I think. As a cancer survivor I am outraged that a Physician failed to take the appropriate steps upon diagnosing the melanoma, as an American I am flat-out ashamed of our military for allowing this to happen ("this" being defined as complete disregard for this patient, playing "dumb" for this report, and wiping their hands of this soldier such that they leave the family to handle the funeral when it was the military''s incompetence in the first place), and finally, as a human-being, my heart goes out to the entire Rodriguez family.

[retsailor-2009]

Yes, the law has to be changed. I losed my 3 year old daughter because of a misdiagnosed case of meningitis as just a case of a cold. And this was after going to the base military hospital more than 5 times. So yes, this law is way overdue for change. Not all but there are a great many military doctors in the service because they could not hack it on the outside.

[rohink-2009]

I have to give it to you CBS. You sure know how to whip them up into a frenzy.

[dvbrinegar]

I''ve been in the serive for almost 30 years, and this story is the truth. We don''t see our medical records anymore, we don''t see a doctor or if we do, it''s and intern. If you''re lucky, you can accutualy see a doctor! I haven''t seen one in many years. I refuse. Take these pills and you''ll be o.k. Got old for me a long time ago. I''m staying for a retirement check -- that''s it. The medical care S____''d when I came in, in 78. It''s gotten so much worse since then. I''ve got problems now and I get the same thing I did many years ago.

[amandac8-2009]

I am a chemotherapy nurse, and I am outraged. Melanoma is one of the deadliest forms of cancer there is. For me personnally, it is one of the worst to treat as well because you know how sick the treatment is going to make the person. From a professional stand point, I can not understand for one second why this young soldier was not immediately told of his condition, made to realize the severity of the problem, and immediately referred to someone who could have helped him. That picture of him lying in that bed was one of the most upsetting things I''ve ever seen on television. The person that is responsible for this level of neglect should come forward. My thoughts and prayers are with his family and those that knew and loved him.

[a12752]

I rarely comment on a story, but this story took my heart away, I cried to see him. My heart, sentiments and condoloences go out to the family. My SHAME goes out to the goverment that doesn''t do anything to help these men that put their lives at risk everyday to make us safe. Shame on the doctor and responsible people who put this die!!!!!!!!!!It Hurts, It Hurts it really does.

[memjayr5]

My condolences to Sgt. Rodriguez''s family.

I almost died on a 747 from San Francisco to Osaka, Japan because of a perforated appendix. It was misdiagnosed not by a Navy doctor but by a Navy limited duty officer. It certainly sounds like nothing''s changed since I was active duty. Military medical care needs a serious overhaul.

[geraltus]

I am appalled and disgusted.
This footage needs to be made mandatory to watch by our Senators and Congressmen and -women and our Commander in Chief...how do they sleep at night? The lack of care during and after active duty is much higher than people know. While on active duty, you are told to be tough and "suck it up" and afterwards, the VA will fight you every step of the way trying to get benefits and care. I am the wife of a Veteran, the mother of an active duty soldier and the mother in-law of a National Guard soldier. I am praying for all of them.

[carlib1]

This is a horrible thing and the government Needs to do somthing about it! my prayers are with the family of Sgt. Carmelo Rodriguez III!

God Bless and I''m sorry for your loss!

[billcolsen2]

I%u2019m sure there is a professional medical system in the military, but as with all systems and the professionals employed in them there has to be accountability. Our soldiers should never go through what this man went through. Also, because of the soldier being forced to retire the poor wife and child will only receive minimal monetary compensation.

Congress and the Military leaders should hold their heads down in shame. You people of power start making changes. We the people know this young man is not the only one and I hope the media investigates..

Bill Colsen

[stephaniep11]

I can''t even put into words my emotions after watching this story. My heart is breaking for his family and his son. The sight of this brave Marine brought tears to my eyes; no one, especially our military personal, should have to suffer like that.

His sacrfice for his country did not come from a foriegn enemy; but a domestic one: a careless doctor. This doctor''s GROSS INCOMPEDENCE cost a innocent man his life & his son a father... and yet the doctor and the military will not have to pay for this terrible mistake.

The fact that the military did not pay for his funeral, forced his retirement and therefore nulled his life insurance policy is almost too much to take. It is is stories like this that make me almost embarassed to be a soldier.

Thank you so much to Sgt. Rodriguez and his family. Hopefully your sacrifce & bravery will shed a light on this terrible law and situation, so no other service member or thier family will have to go through what you never should have had to.

[rohink-2009]

I''m sickened
I am heartbroken
This is disgusting and heart wrenching.

[nah092]

I was shaken to the core after what was described & shown as a handsome, healthy, athletic, US soldier, that had wasted away to skin & bone on the CBS Evening News. You would have thought that he was the unfortunate citizen living in a poor third world country somewhere across the world; but no, he was a soldier in the US Marines. How can a country that prides itself on being so powerful & mighty allow it''s own devoted soldiers to spend their last days like that? The government is a deceitful coward to allow this to continue. American Pride, not after seeing that! My heart and prayers go out to his family. Please consider legal action. This has to stop. Someone has to set a precedent. God Bless you Rodgriguez family.

[aexum1]

The article indicates that they learned of the tumor during his initial physical. If they had correctly diagnosed the cancer, he could not have contracted to become a soldier. He may have an opening based on an analysis that starts with breach of contract or some contract theory first (knew or should have known questions etc.)At the inital examination was he "in" the military or was he being evaluated to become a member of the military. If he was the later, again there may be some theories of recovery that never actually reach the case law that would bar recovery.

[nhernandeztx]

my heart aches for this family. i to have a husband who was has his heart and sole in the army and was deploymented two times and missed 3 years of his 2 young sons lives (including there births) he has been battling with a diagnoses for two different things that are blamed on going over seas.
I would love to write to this family to show support and I would love to get something done about that rediculous law.
Nicole