II
111th CONGRESS
1st Session
S. 1347
IN THE SENATE OF THE UNITED STATES
June 24, 2009
Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
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.
Short title
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
In general
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, whether inside or outside the United States.
A claim under this section shall not be reduced by the amount of any benefit received under subchapter III (relating to Servicemembers’ Group Life Insurance) of chapter 19 of title 38.
This section does 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—
subsections (j) and (k) of section 2680 do 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:
2681. Certain claims by members of the Armed Forces of the United States.
.
Effective date
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.
