Case Sheds Light On Military Law

Soon, The Name "Carmelo Rodriguez" Will Be Heard In Congress

(CBS)  Today the name Carmelo Rodriguez marks a modest grave in upstate New York, where his family still visits, and still mourns.

But soon - as early as Tuesday - that name will be introduced on the floor of the U.S. Congress, CBS News correspondent Byron Pitts reports.

"The bill is called the Carmelo Rodriguez Military Medical Malpractice and Injustice Act," said Rep. Maurice Hinchley.

CBS News reported exclusively on the life and death of Marine Sgt. Carmelo Rodriguez last January. While he was serving as a platoon leader in Iraq, his family says a military doctor there "misdiagnosed" the sergeant's skin cancer, calling it instead "a wart."

A condition first diagnosed in 1997 during Rodriguez's original medical exam from his enlistment.

But doctors did not inform him or recommend any follow-up.

Untreated for years, the melanoma worsened. By the time Pitts met Sgt. Rodgriquez, the once-fit, gung-ho Marine had lost nearly 100 pounds. As we were preparing to interview him … he died.

His death sparked a rush of e-mails, letters and calls to CBS News and members of Congress. Due to what's known as the Feres Doctrine, Rodriguez's family, including his 7-year-old son, cannot sue the military for medical practice.

Unlike every other U.S. citizen, the Feres Doctrine forbids active military from suing the federal government for malpractice. One argument: it would disrupt military order and discipline.

"No Congress has ever changed it," said Maj. Gen. John D. Altenburg. "They've had 50-some years to have opportunity to change the federal tort claims act and to effect the Feres Doctrine, and they chose not to do that and I think for good reason."

"I think that there is growing political will," said Rep. Maurice Hinchey of New York.

"Growing political will" Hinchey says, because of an increasingly unpopular war. Leading this member of Congress to make a bold claim.

"They were increasingly desperate to keep people - particularly people like Carmelo Rodriguez, who was a clear leader - they were forced to overlook this, to just look away from it to just keep him there, use him as best they could," Hinchey said.

"Congressman, those are awfully damning allegations that the military overlooked this man's medical conditions because they needed bodies to fight the war in Iraq," Pitts said.

"Yes, that's correct," Hinchey said.

---

Read Byron Pitts' original report on Carmelo Rodriguez.
Find out more about how Pitts reported this story at Couric & Co.
Find out how to make your voice heard on this issue.

---

What will it mean to this family, on the floor of the U.S. Congress, when a bill is introduced with your brother's name attached to it?

"That is what we want," his sister Elizabeth said.

"That would be amazing. I said to my sister that everyone is going to know my brother's name," his sister Yvette said.

In one of his last e-mails, Rodriquez wrote, "The Marine Corps. had been like my family." His goal in telling his story? Continued service to the country and Corps he loved: In duty and in death.

[ponco seno]

We can sue BUSH for mis-handling the IRAQ war and wasting trillions in tax dollars?

There is something wrong with this picture...

[perceptions5]

It was a mistake made by a doctor.

Are we going to start suing everybody and every business and institution that makes a "mistake"?

Did you know that the "average" insurance premium for a OB GYN in Florida is $267,000. That''s $267,000 that has to be paid out before this doctor even see his first patient.

WHY is his insurance this high?

Because of "vampire trial lawyers" the Democrats biggest donor, vampire trial lawyers suing the HELL out of America''s businesses and institutions.

They and their pals the Democrats are killing this country with lawsuits.................

EVEN TODAY.... our 110th Do Nothing Democrat Congress passed a bill that allows for the "suing of OPEC" members..............GIVE ME A BREAK!!!!

But my point is made.............the Democrat Party is the reason why 47 million Americans can''t afford health insurance and they are the reason why so many other products and services cost "much more" than they should.

US corporations this year will spend as much on R&D as they pay out in lawsuit awards.

..........Trial lawyers are killing this country and they have bought the Dems in Congress to keep it that way.

Just more facts by fellow Americans

[michellem99-2009]

The military yeah hope the family does and win big. I am just a lay person and I am tired of the lies and hope that family and others sue the military. DON''T TELL ME IT CAN''T BE DONE..I was told no one is above the law.

[juan tabasco]

Congratulations. Your story on Carmelo Rodriguez by Byron Pitts was, to use the vernacular, the pits.

How dare you show the last moments of a man''s life on prime time TV? Do you for one minute think that he would have permitted himself, in his condition, to be used as a prop to add some sort of credence to your story?. I''m sure he would have been mortified had he been aware, in spite of the permission of his grief stricken family.

If you want to put out a story on the military medical system...that''s fine. But using a poor, emaciated, cancer ravaged soul, on his death bed of all places, is immoral, unethical, insensitive, boorish, and grossly rude.

You should all be ashamed of yourselves but I''m sure the word shame is reserved only for those outside your newsroom!

I have pulled the plug on Katie and your news broadcasts forever!

[va_chick70]

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.