Military Mom Sues Over "Deceased" Stamp

(AP)  A Duluth woman is suing the federal government after a letter she sent to her son in Iraq was returned with a "deceased" stamp, even though the soldier is very much alive.

Joan Najbar filed the lawsuit in U.S. District Court in Minneapolis claiming that she suffered emotional distress and a loss of income from the incident.

Najbar sent the letter to her son, Sam Eininger, in September of 2006. It was returned several weeks later with a red stamp "deceased."

Najbar contacted the Red Cross and learned her son had not been killed.

The U.S. Postal Service found no evidence of negligence after Najbar filed a claim in 2008.

Najbar's attorney, Jeff Eckland in Minneapolis, says they're investigating whether Najbar's anti-war protest on the steps of the main post office in Duluth days before the letter was returned had anything to do with the stamped envelope.

[proudarmymommie]

I am a mother of one of the 8 soldiers that were killed in Afghanistan Oct 3, 2009. This woman should have know the military would have come knocking at her door long before she got the letter back. There were two dressed soldiers at my door within hours after the death of my son. I don't feel like she should be suing for this mistake. She says she suffered emotional distress, at least your son is ALIVE unlike the mothers of the fallen 8 and all the others that have lost their loved one. Be thankful that is was a mistake and her son will come home. I live by what my son always told me, "Mom, It's All Good." R.I.P. Michael

[robbyarng]

She asked for an Apology. Plain and simple. It was not Given. Period. It was wrong for that stamp to be on that letter. PERIOD. Now, they deserve the lawsuit. Apologize the first time and a lawsuit will not happen the second time. PERIOD. Its the same with driving tickets. Apology(pay the ticket) or lawsuit(bench warrant for your arrest). PERIOD!!!!

[sld6]

Loser!!! Some people will do anything for a quick buck so that dont have to lagidamately work for it. Horrible what happened, but not grounds for suing. Im sure a big fat check will ease her pain.

[american2015]

This is so unreal its almost laughable if it were not for the serious nature of what took place. While this is a terrible mistake, you don't sue over a mistake. Get a grip woman! While Postal workers are paid well, they have a very important, and difficult job. This is really simple this woman is mad at the Government for sending her son to War and she is using this as a cash cow and also as payback for sending her son off. Nothing more, nothing less. Its sad. The military postal system which marked the letter deceased would have had no knowledge of her anti-war protests. Hopefully, this case results in a firm rebuke by a judge for bringing such a rediculous case to court.

[tad_kimball]

As an USPS employee and a letter carrier, I find this ridiculus. First and formost the lady and the lawyer need to understand that the USPS is on responsible for the mail up to the point that it goes to the military. THEN it is the responsiblity of the MILITARY MAIL SYSTEM! They are the ones that marked it deceased and sent it back, not the USPS! We, the USPS, were the last ones in line. We delivered back to her, and it is not our fault that the military postal system FUBAR'ed the letter.

[mmdf24]

My husband is in Iraq RIGHT NOW. Not to mention, she would have known long before she received that letter if her son was deceased.She should be thankful her son is alive.There is NO WAY the post office would have known her son was deceased before she did. She is looking for quick money. gijimmy - im sorry about your son. No money would ever repair the heartache any parent or spouse goes through. God bless.

[to_err_is_human]

People like you ought to be ashamed of yourself trying to cash in on a MISTAKE. Maybe you ought to point the finger at the person who handed the letter back to the postman and said your son was deceased instead of trying to make a quick buck out of the USPS. Be thankful your son is ALIVE.

[tzuckuss]

i think the lot of you are horrible peaple! yes it probably WAS a simple mistake but damm...can you blame her? would I sue? probably not...but then im not one for confrontations...i think what happened was terrible and such mistakes SHOULD NOT be made...postal workers get far too well paid for something like this to happen to a parent of a Soldier...they DO deserve the lawsuit!!!!

[to_err_is_human]

mistakes happen all the time not just at the post office. have you ever been to a store any store purchased something and you get overcharged, do you sue no you talk to the manager get your little apology and off you go, get a grip people do you realize how many letters go through each post office each day. Seriously.

[sld6]

Sure...and also well deserved was the Mcdonald's women who sued over the fact that the coffee she spilt on herself was hot. I bet their sisters.

[IndianaGuy]

gijimmy I am sad your son died. My best wishes and prayers to your family.

[gijimmy]

Ms Najbar should be thankful that her emotional distress was short lived. My son was in the Army and did die. No amount of money can make up for my loss. What I would give to find out my son was still alive and it was only a mistake. What a ungrateful women she must be.