Off Beat: Court ruling doesn't support troops

The plight of Beale Airman Colton Read certainly is sad, how gallbladder surgery ended up costing him both legs.

It gets even worse that he can't sue the military because of a 1950 Supreme Court ruling.

Read had his botched surgery at Davis Grant Medical Center at Travis Air Force Base. There seem to be a few problems at that facility, judging by a federal lawsuit filed last year in Sacramento by the widow of another serviceman who went to Travis for treatment of an acute appendicitis in 2003 and died.

Thanks to the Feres Doctrine, as enunciated in that Supreme Court ruling, her case was reluctantly dismissed earlier this year by U.S. District Judge John Mendez. The case is on appeal.

Even though Mendez toss the case, he all but acknowledged that Feres is a crock.

"The alleged facts in the instant case are so egregious and the liability of the (federal government) seems so clear that this court did give serious consideration to plaintiff's argument that this court should allow this claim in spite of Feres," Mendez wrote in February. "A 25-year-old man who devoted his life to serving his country is dead through no fault of his own and his widow can not sue to recover for her loss."

He continued, "Several noted jurists and academics have raised objection to the Feres doctrine ... and its application to this case seems particularly unfair. However, as wrong-headed as it may seem, this court is duty-bound to follow precedent and abide by the decisions of the 9th Circuit and Supreme Court."

Mendez wrote that "now is the time to revisit the Feres doctrine. Otherwise, Feres will once again have led to a result that can only be characterized as unfair and irrational."

If you ever watch "Countdown with Keith Olbermann" on MSNBC, you've probably seen attorney Jonathan Turley as a guest.

Two years ago, he also pointed out the stunning unfairness of Feres, noting that "no one is talking about the one thing that soldiers and sailors are most desperately lacking: They don't need another spit and polish; they need lawyers. For decades, our military members have been barred from suing for medical malpractice and other forms of negligence by the government."

Members of the Armed Forces "live in a type of tort-free zone where their injuries are subject to relatively minor levels of compensation. With the silent approval of Congress, we have created a system of discount citizens who become easy fodder for incompetent or even criminal actors," Turley wrote. "Indeed, killing a soldier on an operating table or in a military recreation area is a virtual bargain at a fraction of the cost of a full-value citizen."

So keep that in mind when the politicians implore you to "support the troops."