H. R. 1478
IN THE HOUSE OF REPRESENTATIVES
March 12, 2009
Mr. Hinchey introduced the following bill; which was referred to the Committee on the Judiciary
To amend chapter 171 of title 28, United States Code, to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care, and for other purposes.
This Act may be cited as the
Carmelo Rodriguez Military Medical Accountability Act of 2009.
Allowance of claims by members of the Armed Forces against the United States for certain injuries caused by improper medical care
Chapter 171 of title 28, United States Code, is amended by adding at the end the following:
Certain claims by members of the Armed Forces of the United States
A claim may be brought against the United States under this chapter for damages relating to the personal injury or death of a member of the Armed Forces of the United States arising out of a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) that is provided by a person acting within the scope of the office or employment of that person by or at the direction of the Government of the United States inside the United States.
The payment of any claim of a member of the Armed Forces under this section shall be reduced by the present value of other benefits received by the member or the estate, survivors, and beneficiaries of the member under title 10, title 37, or title 38 that are attributable to the physical injury or death from which the claim arose.
A claim under this section shall not be reduced by the amount of any benefit received under Servicemembers Group Life Insurance under subchapter III of chapter 19 of title 38, including any benefit under—
section 1980A of title 38 (commonly know as Traumatic Servicemembers’ Group Life Insurance); and
section 1967 of title 38 (commonly known as Family Servicemembers' Group Life Insurance).
This section shall not apply to any claim arising out of the combatant activities of the Armed Forces during time of armed conflict.
For purposes of claims brought under this section—
section 2680(k) does not apply; and
in the case of an act or omission occurring outside the United States, the
law of the place where the act or omission occurred shall be deemed to be the law of the place of domicile of the plaintiff.
As used in this section, the term
a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) has the same meaning given that term for purposes of section 1089(e) of title 10.
Technical and conforming amendment
The table of sections for chapter 171 of title 28, United States Code, is amended by adding at the end the following:
Sec. 2681. Certain claims by members of the Armed Forces of the United States.
The amendments made by this section shall apply with respect to a claim arising on or after January 1, 1997, and any period of limitation that applies to such a claim arising before the date of enactment of this Act shall begin to run on the date of that enactment.