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	<title>Comments on: The Feres Doctrine: What Soldiers Really Need Are Lawyers</title>
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	<description>Res ipsa loquitur (&#34;The thing itself speaks&#34;)</description>
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		<title>By: erniesfootprints.com</title>
		<link>http://jonathanturley.org/2007/08/18/the-feres-doctrine-what-soldiers-really-need-are-lawyers/#comment-89135</link>
		<dc:creator>erniesfootprints.com</dc:creator>
		<pubDate>Fri, 06 Nov 2009 05:18:04 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/2007/08/18/the-feres-doctrine-what-soldiers-really-need-are-lawyers/#comment-89135</guid>
		<description>Time sensitive: Please forward this e-mail to everyone you know!


Remembering the meaning of Veterans Day. Remembering our Soldiers.
Remembering the People.

As Veterans Day approaches, November 11, 2009, for some it&#039;s a day of honor, for others it&#039;s just a day off from work, and for many businesses a veterans day sale! It is, in fact, a day of remembrance. One honoring all those who have fought and died for our country, and for showing gratitude and respect for those who are currently fighting and dying for our country. Those people are your fathers, mothers, brothers, sisters, friends, relatives, somebody you know or even yourself.

You are receiving this letter because we know that you are going to act on it and to do the right thing in response. 

U.S. Military Health Care has a law called the Feres Doctrine that does not allow military doctors to be held accountable for negligent care. That means that if you or a loved one is seriously injured because of military medical malpractice that you are pretty much S.O.L.!

NY Congressman Hinchey&#039;s Bill; The Carmelo Rodriguez Military Malpractice Accountability Act of 2009 H.R. 1478 and NY Senator Schumer&#039;s sister bill S. 1347 will change that! These Bills have a great chance of being voted into law very soon, but only if everyone of us tells our congressmen and senators that we, their respective constituents insist that they at the very least vote in favor of these bills or better still become cosponsors of the bills. That&#039;s all you have to do! LET THEM KNOW NOW that you support the bills too!

We&#039;ve made it so easy for you to follow through. Here&#039;s how.

1. Attached to this email, you will  find The Veterans Day Proposal and a Petition for all of you to sign. Have everyone you know sign it too. 

We would like to collect as many signed petitions by the 25th of November, so please hurry. Even if you don&#039;t live in Oregon, send your petition to us and we can get it to the right place.

2. Also please CALL your senators and congressman and have everyone you know do so as well on Veterans Day. Let them know where you stand on this issue! There is information on finding your Congressmen in The Veterans Day Proposal.

3. Please PASS this email onto your friends and families. We need to make and impact on November 11, 2009

4. Please visit www.erniesfootprints.com for updates and additional information. 

  Thank you for making Veterans Day 2009 the day you can truly say &quot;I supported the troops!&quot;  &quot;I supported our veterans!&quot; &quot;I support the lives of people I care about!&quot;

If you have any questions and want to speak to someone directly, simply call us at</description>
		<content:encoded><![CDATA[<p>Time sensitive: Please forward this e-mail to everyone you know!</p>
<p>Remembering the meaning of Veterans Day. Remembering our Soldiers.<br />
Remembering the People.</p>
<p>As Veterans Day approaches, November 11, 2009, for some it&#8217;s a day of honor, for others it&#8217;s just a day off from work, and for many businesses a veterans day sale! It is, in fact, a day of remembrance. One honoring all those who have fought and died for our country, and for showing gratitude and respect for those who are currently fighting and dying for our country. Those people are your fathers, mothers, brothers, sisters, friends, relatives, somebody you know or even yourself.</p>
<p>You are receiving this letter because we know that you are going to act on it and to do the right thing in response. </p>
<p>U.S. Military Health Care has a law called the Feres Doctrine that does not allow military doctors to be held accountable for negligent care. That means that if you or a loved one is seriously injured because of military medical malpractice that you are pretty much S.O.L.!</p>
<p>NY Congressman Hinchey&#8217;s Bill; The Carmelo Rodriguez Military Malpractice Accountability Act of 2009 H.R. 1478 and NY Senator Schumer&#8217;s sister bill S. 1347 will change that! These Bills have a great chance of being voted into law very soon, but only if everyone of us tells our congressmen and senators that we, their respective constituents insist that they at the very least vote in favor of these bills or better still become cosponsors of the bills. That&#8217;s all you have to do! LET THEM KNOW NOW that you support the bills too!</p>
<p>We&#8217;ve made it so easy for you to follow through. Here&#8217;s how.</p>
<p>1. Attached to this email, you will  find The Veterans Day Proposal and a Petition for all of you to sign. Have everyone you know sign it too. </p>
<p>We would like to collect as many signed petitions by the 25th of November, so please hurry. Even if you don&#8217;t live in Oregon, send your petition to us and we can get it to the right place.</p>
<p>2. Also please CALL your senators and congressman and have everyone you know do so as well on Veterans Day. Let them know where you stand on this issue! There is information on finding your Congressmen in The Veterans Day Proposal.</p>
<p>3. Please PASS this email onto your friends and families. We need to make and impact on November 11, 2009</p>
<p>4. Please visit <a href="http://www.erniesfootprints.com" rel="nofollow">http://www.erniesfootprints.com</a> for updates and additional information. </p>
<p>  Thank you for making Veterans Day 2009 the day you can truly say &#8220;I supported the troops!&#8221;  &#8220;I supported our veterans!&#8221; &#8220;I support the lives of people I care about!&#8221;</p>
<p>If you have any questions and want to speak to someone directly, simply call us at</p>
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		<title>By: Ed Fremer</title>
		<link>http://jonathanturley.org/2007/08/18/the-feres-doctrine-what-soldiers-really-need-are-lawyers/#comment-79722</link>
		<dc:creator>Ed Fremer</dc:creator>
		<pubDate>Fri, 18 Sep 2009 15:18:45 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/2007/08/18/the-feres-doctrine-what-soldiers-really-need-are-lawyers/#comment-79722</guid>
		<description>The Feres Doctrine boggles the mind. This needs to be overturned. My son Michael Fremer was killed at Fort Polk, La on 2/13/08 because of Army Negligence during a training exercise. The Army can not be held accountable because of the Feres Doctrine. Why is the Army exempt from being held accountable for Negligence? Our young men and woman are risking their lives. This is how our country treats the soldiers and the families? How many others die because of poor training? It seems the Army keeps this quiet.

There are other cases that involve the feres Doctrine. For example Medical Malpractice in the army. Also Marines being exposed to Toxic chemicals on US Bases. The Military is exempt from being held accountable on all of these matters. The Feres Doctrine needs to be overturned.</description>
		<content:encoded><![CDATA[<p>The Feres Doctrine boggles the mind. This needs to be overturned. My son Michael Fremer was killed at Fort Polk, La on 2/13/08 because of Army Negligence during a training exercise. The Army can not be held accountable because of the Feres Doctrine. Why is the Army exempt from being held accountable for Negligence? Our young men and woman are risking their lives. This is how our country treats the soldiers and the families? How many others die because of poor training? It seems the Army keeps this quiet.</p>
<p>There are other cases that involve the feres Doctrine. For example Medical Malpractice in the army. Also Marines being exposed to Toxic chemicals on US Bases. The Military is exempt from being held accountable on all of these matters. The Feres Doctrine needs to be overturned.</p>
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		<title>By: David H. Marshall</title>
		<link>http://jonathanturley.org/2007/08/18/the-feres-doctrine-what-soldiers-really-need-are-lawyers/#comment-68221</link>
		<dc:creator>David H. Marshall</dc:creator>
		<pubDate>Fri, 17 Jul 2009 14:43:56 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/2007/08/18/the-feres-doctrine-what-soldiers-really-need-are-lawyers/#comment-68221</guid>
		<description>CONGRESS’S EXPERIMENTS CONTINUE?

Despite the efforts of some members of Congress, do the Department of Defense (DOD) U.S. Senate proven experiments continue?[8] The 1950 U.S. Supreme Court FERES Doctrine determined that the U.S. Government can not be held accountable for injuries incident to U.S. Military Service.[1] The 1987 U.S. Supreme Court STANLEY determined that FERES also protects the government from injured DOD experimentation subjects.[3] In 2006 the Biomedical Advanced Research and Development Authority (BARDA) was signed into law.[10] In 2009, under its &quot;NATIONAL SECURITY MISSIONS&quot;, now also continued on civilians are these DOD on Veterans lessons learned?

In 2009 the U.S. Congress still has not corrected the U.S. Senate’s 1994  reported 50 years of a DOD “experiments that were designed to harm&quot; policy. This is their many experiments conducted on &quot;hundreds of thousands” of U.S. Military personnel.[8] The “Veterans Right to Know Act” to establish the Veterans&#039; Right to Know Commission  was proposed in the 2005 and H.R. 4259 [109th] 2006 Congress.[9] It never became law.

&quot;IT WAS NECESSARY &quot;TO CONCEAL THESE ACTIVITIES FROM THE AMERICAN PUBLIC IN GENERAL,&quot; BECAUSE PUBLIC KNOWLEDGE OF THE&quot; UNETHICAL AND ILLICIT ACTIVITIES WOULD HAVE SERIOUS REPERCUSSIONS IN POLITICAL AND DIPLOMATIC CIRCLES AND WOULD BE DETRIMENTAL TO THE ACCOMPLISHMENT OF ITS MISSION.&quot; Footnote 4, U.S. Supreme Court 1987 STANLEY military experiments case, Page 688.[3] This case confirms their FERES Doctrine [1] decision that correction is through the U.S. Congress. After STANLEY Congress passed the 1988 Veterans’ Judicial Review Act (VJRA). Established was the Legislative, Article I severely restricted, Veteran’s Court with Congress’s &quot;The court may not review the schedule of ratings for disabilities or the policies underlying the schedule.&quot;, i.e., the needed for treatment evidence. The Veterans Court Chief Judge&#039;s no teeth statement.[7] Given to the  Secretary of the Department of Veterans Affairs (VA) is the Judicial Branch’s final authority on “the policies underlying the schedule&quot; questions of law; 511(a)![5] These experiments were performed under the secrecy cover of our past wars. They were in direct disobedience of the DOD Secretary&#039;s 1953 TOP SECRET order. This order was unclassified twenty two (22) years later.[2] 1953 and since known by the Secretary&#039;s of all Services, Joint Chiefs of Staff, the DOD Research and Development (R&amp;D) Board and the U.S. Congress.

Each deliberate &quot;to harm&quot; project completes the R&amp;D process. Prior R&amp;D is reviewed. The resulting Scope of Work defines what each experiment is “designed” to accomplish. The how, where, when and who is identified. The conducted RESEARCHED cause and effects are closely followed and  recorded. From the results are DEVELOPED safe production, use, treatment and protection. 

The needed for treatment, experiment revealing evidence is: 1. Not in a subject’s Medical History, so that they never the wiser become.. And 2. The resulting alerting injuries are not in the VA “schedule...for disabilities”! There is no, “Veterans Right to Know....”. After honorable service Congress still has not given back to veterans those rights that convicted rapists and murderers keep![6] 
GIVEN THE U. S. CONGRESSIONAL, NOW 65 YEAR [8], PATTERN OF BEHAVIOR, DO NOT THE EXPERIMENTS CONTINUE UNDER THE COVER OF OUR PRESENT WARS??

REFERENCES:

[1]  1950 - Feres v. United States , 340 U.S. 135, 146 (1950).

[2]  1953 - DOD Secretary&#039;s 26 February 1953 NO non-consensual, human experiment’s Memo pages 343-345. George J. Annas and Michael A. Grodin, “The Nazi Doctors and the Nuremberg Code; Human Rights in Human Experimentation&quot; (New York: Oxford University Press, 1992). In REFERENCE [6] as NOTES 72, 168 &amp; 169.

[3]  1987 - U.S. SUPREME COURT, JUNE 25, 1987, U.S. V.. STANLEY , 107 S. CT. 3054 (VOLUME 483 U.S. , SECTION 669, PAGES 699 TO 710). In REFERENCE [8] cited in NOTE 169.

[4]  1988 - Veterans’ Judicial Review Act (VJRA), Pub. L. No. 100-687, Div. A, 102 Stat. 4105 (8 December 1988)

[5] &quot;United States Code (USC) Title 38, 511. Decisions of the Secretary; finality.&quot; www.law.cornell.edu/uscode/html/uscode38/uscsec3800000511----000-.html

[6]  1994 - U.S. State Dept., &quot; U.S. Report under the International Covenant on Civil and Political Rights July 1994, Article 7&quot;.

[7]  1994 - Chief Judge and colleague statements, Court of Veterans Appeals, Annual Judicial Conference, Fort Meyer, VA., 17 &amp; 18 October 1994. www.firebase.net/state_of_court_brief.htm

[8]  1994 - December 8, 1994 REPORT 103-97 &quot;Is Military Research Hazardous to Veterans&#039; Health? Lessons Spanning Half a Century.&quot; Hearings Before the U.S. Senate Committee on Veterans&#039; Affairs, 103rd Congress 2nd Session. With NOTES 1 to 170.

[9]  2005 &amp; 2006 - “Veterans Right to Know Act” to establish the Veterans&#039; Right to Know Commission  was proposed in the 2005 and H.R. 4259 [109th] 2006 Congress.  

[10]  2006 - Biomedical Advanced Research and Development Authority (BARDA), Bill S. 3678 2006. Signed into law 16 December 2006.</description>
		<content:encoded><![CDATA[<p>CONGRESS’S EXPERIMENTS CONTINUE?</p>
<p>Despite the efforts of some members of Congress, do the Department of Defense (DOD) U.S. Senate proven experiments continue?[8] The 1950 U.S. Supreme Court FERES Doctrine determined that the U.S. Government can not be held accountable for injuries incident to U.S. Military Service.[1] The 1987 U.S. Supreme Court STANLEY determined that FERES also protects the government from injured DOD experimentation subjects.[3] In 2006 the Biomedical Advanced Research and Development Authority (BARDA) was signed into law.[10] In 2009, under its &#8220;NATIONAL SECURITY MISSIONS&#8221;, now also continued on civilians are these DOD on Veterans lessons learned?</p>
<p>In 2009 the U.S. Congress still has not corrected the U.S. Senate’s 1994  reported 50 years of a DOD “experiments that were designed to harm&#8221; policy. This is their many experiments conducted on &#8220;hundreds of thousands” of U.S. Military personnel.[8] The “Veterans Right to Know Act” to establish the Veterans&#8217; Right to Know Commission  was proposed in the 2005 and H.R. 4259 [109th] 2006 Congress.[9] It never became law.</p>
<p>&#8220;IT WAS NECESSARY &#8220;TO CONCEAL THESE ACTIVITIES FROM THE AMERICAN PUBLIC IN GENERAL,&#8221; BECAUSE PUBLIC KNOWLEDGE OF THE&#8221; UNETHICAL AND ILLICIT ACTIVITIES WOULD HAVE SERIOUS REPERCUSSIONS IN POLITICAL AND DIPLOMATIC CIRCLES AND WOULD BE DETRIMENTAL TO THE ACCOMPLISHMENT OF ITS MISSION.&#8221; Footnote 4, U.S. Supreme Court 1987 STANLEY military experiments case, Page 688.[3] This case confirms their FERES Doctrine [1] decision that correction is through the U.S. Congress. After STANLEY Congress passed the 1988 Veterans’ Judicial Review Act (VJRA). Established was the Legislative, Article I severely restricted, Veteran’s Court with Congress’s &#8220;The court may not review the schedule of ratings for disabilities or the policies underlying the schedule.&#8221;, i.e., the needed for treatment evidence. The Veterans Court Chief Judge&#8217;s no teeth statement.[7] Given to the  Secretary of the Department of Veterans Affairs (VA) is the Judicial Branch’s final authority on “the policies underlying the schedule&#8221; questions of law; 511(a)![5] These experiments were performed under the secrecy cover of our past wars. They were in direct disobedience of the DOD Secretary&#8217;s 1953 TOP SECRET order. This order was unclassified twenty two (22) years later.[2] 1953 and since known by the Secretary&#8217;s of all Services, Joint Chiefs of Staff, the DOD Research and Development (R&amp;D) Board and the U.S. Congress.</p>
<p>Each deliberate &#8220;to harm&#8221; project completes the R&amp;D process. Prior R&amp;D is reviewed. The resulting Scope of Work defines what each experiment is “designed” to accomplish. The how, where, when and who is identified. The conducted RESEARCHED cause and effects are closely followed and  recorded. From the results are DEVELOPED safe production, use, treatment and protection. </p>
<p>The needed for treatment, experiment revealing evidence is: 1. Not in a subject’s Medical History, so that they never the wiser become.. And 2. The resulting alerting injuries are not in the VA “schedule&#8230;for disabilities”! There is no, “Veterans Right to Know&#8230;.”. After honorable service Congress still has not given back to veterans those rights that convicted rapists and murderers keep![6]<br />
GIVEN THE U. S. CONGRESSIONAL, NOW 65 YEAR [8], PATTERN OF BEHAVIOR, DO NOT THE EXPERIMENTS CONTINUE UNDER THE COVER OF OUR PRESENT WARS??</p>
<p>REFERENCES:</p>
<p>[1]  1950 &#8211; Feres v. United States , 340 U.S. 135, 146 (1950).</p>
<p>[2]  1953 &#8211; DOD Secretary&#8217;s 26 February 1953 NO non-consensual, human experiment’s Memo pages 343-345. George J. Annas and Michael A. Grodin, “The Nazi Doctors and the Nuremberg Code; Human Rights in Human Experimentation&#8221; (New York: Oxford University Press, 1992). In REFERENCE [6] as NOTES 72, 168 &amp; 169.</p>
<p>[3]  1987 &#8211; U.S. SUPREME COURT, JUNE 25, 1987, U.S. V.. STANLEY , 107 S. CT. 3054 (VOLUME 483 U.S. , SECTION 669, PAGES 699 TO 710). In REFERENCE [8] cited in NOTE 169.</p>
<p>[4]  1988 &#8211; Veterans’ Judicial Review Act (VJRA), Pub. L. No. 100-687, Div. A, 102 Stat. 4105 (8 December 1988)</p>
<p>[5] &#8220;United States Code (USC) Title 38, 511. Decisions of the Secretary; finality.&#8221; <a href="http://www.law.cornell.edu/uscode/html/uscode38/uscsec3800000511----000-.html" rel="nofollow">http://www.law.cornell.edu/uscode/html/uscode38/uscsec3800000511&#8212;-000-.html</a></p>
<p>[6]  1994 &#8211; U.S. State Dept., &#8221; U.S. Report under the International Covenant on Civil and Political Rights July 1994, Article 7&#8243;.</p>
<p>[7]  1994 &#8211; Chief Judge and colleague statements, Court of Veterans Appeals, Annual Judicial Conference, Fort Meyer, VA., 17 &amp; 18 October 1994. <a href="http://www.firebase.net/state_of_court_brief.htm" rel="nofollow">http://www.firebase.net/state_of_court_brief.htm</a></p>
<p>[8]  1994 &#8211; December 8, 1994 REPORT 103-97 &#8220;Is Military Research Hazardous to Veterans&#8217; Health? Lessons Spanning Half a Century.&#8221; Hearings Before the U.S. Senate Committee on Veterans&#8217; Affairs, 103rd Congress 2nd Session. With NOTES 1 to 170.</p>
<p>[9]  2005 &amp; 2006 &#8211; “Veterans Right to Know Act” to establish the Veterans&#8217; Right to Know Commission  was proposed in the 2005 and H.R. 4259 [109th] 2006 Congress.  </p>
<p>[10]  2006 &#8211; Biomedical Advanced Research and Development Authority (BARDA), Bill S. 3678 2006. Signed into law 16 December 2006.</p>
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		<title>By: Dean Swartz</title>
		<link>http://jonathanturley.org/2007/08/18/the-feres-doctrine-what-soldiers-really-need-are-lawyers/#comment-20453</link>
		<dc:creator>Dean Swartz</dc:creator>
		<pubDate>Sun, 10 Aug 2008 15:55:23 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/2007/08/18/the-feres-doctrine-what-soldiers-really-need-are-lawyers/#comment-20453</guid>
		<description>It often broke my heart to enforce the Feres doctrine while I served as a Marine Judge Advocate in the Claims and Litigation Branch of the Office of the Judge Advocate General of the Navy in the mid-1970s.  As a young Marine officer and lawyer, I had to apply the law, however, inequitable.  It is now time for change . . . and there is no legitimate excuse for denying the victims of negligence fair compensation.  It is time to protect those who protect us.  The courts are bound by the Supreme Court&#039;s nearly 70-year-old decision.  Congress and the President must act to remove this ancient obstacle to fair recovery for catastrophic injuries and deaths suffered by our servicemen and women at the hands of the U.S. government.

Semper fi!</description>
		<content:encoded><![CDATA[<p>It often broke my heart to enforce the Feres doctrine while I served as a Marine Judge Advocate in the Claims and Litigation Branch of the Office of the Judge Advocate General of the Navy in the mid-1970s.  As a young Marine officer and lawyer, I had to apply the law, however, inequitable.  It is now time for change . . . and there is no legitimate excuse for denying the victims of negligence fair compensation.  It is time to protect those who protect us.  The courts are bound by the Supreme Court&#8217;s nearly 70-year-old decision.  Congress and the President must act to remove this ancient obstacle to fair recovery for catastrophic injuries and deaths suffered by our servicemen and women at the hands of the U.S. government.</p>
<p>Semper fi!</p>
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		<title>By: The Legacy of Feres: Marine Dies in Latest Act of Military Malpractice &#171; JONATHAN TURLEY</title>
		<link>http://jonathanturley.org/2007/08/18/the-feres-doctrine-what-soldiers-really-need-are-lawyers/#comment-6213</link>
		<dc:creator>The Legacy of Feres: Marine Dies in Latest Act of Military Malpractice &#171; JONATHAN TURLEY</dc:creator>
		<pubDate>Fri, 01 Feb 2008 11:42:51 +0000</pubDate>
		<guid isPermaLink="false">http://jonathanturley.wordpress.com/2007/08/18/the-feres-doctrine-what-soldiers-really-need-are-lawyers/#comment-6213</guid>
		<description>[...] study on the flawed basis for its creation and its continuing harm for military personnel. Click here and here and [...]</description>
		<content:encoded><![CDATA[<p>[...] study on the flawed basis for its creation and its continuing harm for military personnel. Click here and here and [...]</p>
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