European Stars And Stripes (Newspaper) - July 22, 1987, Darmstadt, Hesse Page 4 the stars and stripes wednesday july 22,1987 Dod offers malpractice suit plan Baychuc Vinch Wuhan ton Bureau Washington the Pentagon trying to head Oil a move by Congress to Amend a 37-year-old Law that prevents Scricc members from suing the govern ment for medical malpractice in military head la car facilities has suggested amending current military Laws instead. At a congressional hearing tuesday. H. Lawrence Garrell Iii defense department general counsel argued against tampering with a 1950 supreme court ruling called the feres doctrine which denies service members inc right to sue he government for medical malpractice under inc Federal tort claims act Etca. Marrcil told the House armed services subcommittee on military personnel and compensation that the military claims act Mcgathe military s version of inc Etca should instead be changed 10 let Active duty bring such lawsuits under that Law like the Etca Only retirees and family members Are currently allowed 10 sue the govern men under the Mca. But the sponsor of the Bill la Amend feres rep. Barney Frank d-mass., said thai while he in t totally opposed to that alternative he is angry thai the do waited let unveil it until after the House judiciary committee on administrative Law which he Chain completed hearings on the Issue Frank said he thinks the Dod waited because sen ate hearings on the Issue Are set to begin soon and support for inc legislation appears to be weaker there than in inc House. The House passed the same Bill last year 317-90, but it was killed in the Senate judiciary committee and never made it to the floor for a vote. Dod officials have Long maintained thai changing the ferns ruling would damage military morale and discipline create a privileged class of claimants and drive up costs for claims awards they say negligence in health care facilities should nol be treated any differently from other forms of negligence. But Frank scoffed at the idea that discipline an morale would erode significantly under his legislation the thinking seems to be that allowing a private lose for negligence by a doctor who was an officer would somehow erode discipline because privates should have inc Nolion that officers arc infallible he testified. I really Don t think that notion Frank also disputed claims by inc Justice depart ment thai his Bill would Lead to huge jury awards an punitive damages. Under the Etca no punitive damages arc awarded and judges alone preside there Are no juries he said. But Garret said the Dod has other problems with Frank s Bill. The legislation would cover Only those Given medical care in stateside Mili tary facilities because the Etca docs not extend Over seas even though the potential overseas claimant would still be a . Government employee in a .government health care facility. Garrelt said that could Lead to overseas service members scheduled for surgery to demand that in be performed in he United states so icy May sue if it s not successful. What is at Issue is inc authority of the commander he said. The knowledge that it was challenged takes no time at All to spread throughout the unit and that s what undermines the Good order discipline and Garry to said the Pentagon s alternative to Amend inc Mca has a number of advantages Over changing the Etca. Among them he said Are that the Mca would protect military personnel regard Len of where they were assigned. Would not put courts in the position of second guessing military decisions and would nol disrupt Mili tary operations by subjecting Scricc members to the orders dockets and schedules of certain judges and lawyers. Wou a nol entail costly litigation fees thai would have to be shouldered by claimants and would limn lawyers fees to 10 percent of the award As opposed to the Etca under which lawyers can Lake As much As 25 percent of the award As a fee. Frank said he would be open to exploring the idea of amending the Mca if the Senate passe the Hill and he House and Senate go into conference on he Issue. A spokeswoman for sen. Jim Sasser d-tenn., Spon Sor of the Bill in the Senate said hearing should be held in that chamber within the next two months. The image of papa not Only i be the Winner of an fun test attn Lagway look Ilist Content but like Pau he Minamay Jick i Carbary 57, i i capable a Hcrman. Wil Erbai holds of two Hub be caught off key West fun. The look alike con test we put of Ibe Cuenl item Long by Days fetch to. The hither who killed himself on july 2, 1961, would Hare been 88 yews old sunday. Tentative postal contract reached Union Leader says Washington a the . Postal service and its two largest unions reached a tentative contract settlement tuesday after an All night bargaining ses Sion american postal workers Union president Moc Biller announced. Postal service spokesman Jim Van Loozin said he could not confirm the Union report but the postal service expected to make an announcement by the end of the Day tuesday. Biller told local Union leaders via a recorded message that the bar gainers had agreed to a 40-month contract expiring nov. 20, 1990. He said the contract called for a 2 per cent wage increase this year two $250 increases next year two $300 increase sin i 989 and a $200 wage boost in 1990. Cost of living benefits and health plan provisions remained unchanged Accord ing to Biller. A settlement which covers members of the american postal workers Union and inc National association of letter carriers would forestall a costly Ai Complex arbitration process. Postal workers arc barred by Law from sinking. Formal talks had been Cut off last wednesday the unions which together represent 579,000 employees on monday reduced their wage increase proposals from 6.8 percent to 4.5 percent for each of three years. Justice won t Stop removal of woman s life support tube Washington a a supreme court Justice tuesday refused 10 Stop the family of a comatose new Jersey woman from removing a feeding Abc that is keeping her alive Justice Byron r. White without com ment rejected an emergency request by the Lincoln Park nursing Home to bar removal of inc life sustaining lube feed ing Nancy Ellen jobs 32. The nursing Home immediately Refl cd inc request with Justice Antonin Scalia. The new Jersey supreme court ruled on june 24 thai the feeding tube May be withdrawn. In said the interests of Nurs ing Homo and hospitals in maintaining ethical or moral standards Are out weighed by the rights of the a aliens. Their families friends and physicians. Slate supreme court Justice Robert Clifford said the feeding tube might be removed tuesday unless attorneys for the nursing Home won a stay of the state court ruling from a . Supreme court Justice. The Jobes Case is the second in new Jersey in recent Days involving the right to die. Murray pull or. 65, of West Caldwell n.j., died last thursday at his Home after his wife removed a life sustaining feeding lube. Wutzer was paralysed by a stroke in 1983 and his wife removed the tube on july 10. The new Jersey supreme court in
