The Business of Law – Marketing and Business for Enterprising Attorneys

Some of the soldiers who are fighting on the front lines to protect our rights now want a fight at the Supreme Court for theirs.

Right now, active duty military members do not have the right to sue the government .  Two layers in Florida and some members of Congress are trying to change that and if they do, we at Sokolove will be ready to make sure our brave men and women can have their day in court!

Now as I’ve said many times I’m not a lawyer so I don’t want to go into a long analysis of the merits of sovereign immunity, but this seems pretty straightforward.  If a government agent does something negligent and that negligence harms a member of the active duty military, the victim of that injury should be able to sue the government.  It’s pretty straightforward.

Sounds simple enough, file the case, fight it out in court, and see what happens. Enter the Feres Doctrine.  Based on the decision in Feres v. United States, 340 U.S. 135 (1950), the doctrine prevents enlisted servicemen/women from suing the federal government under the Federal Tort Claims Act for injuries resulting from the negligence of others in the armed forces.

The Florida case hinges on Petty Officer Nathan Hafterson who died according to the court documents from a reaction to anesthesia.  The attorneys claim it is a clear cut case of malpractice by a government hospital.   The lawyers have petitioned the SCOTUS to take the case arguing that serviceme and women should have the same rights as civilians when they are the victims of torts.

There’s also movement afoot in Congress to pass legislation restoring rights to active duty military.  The Carmelo Rodriguez Military Medical Accountability Act (H.R. 1478), introduced by Rep. Maurice D. Hinchey (D-NY), would restore the protections of the civil justice system to the men and women of our armed forces.
If either the Rodriguez Act passes, or the court overturns Feres, we at Sokolove will be ready.  With countless servicemen and women now able to bring negligence claims, we are already working on a strategy to connect these plaintiffs with the best attorneys in our national network of affiliates.

If you’re interested in partnering with us to identify these cases, please shoot me a note.