Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • Available Subscriptions

  • 0
Sign in to follow this  
Stretch

Feres Doctrine...justice Scalia...protects Guinea Pigs Ops.

Question

Is it clear what Congress opinion is on regarding the Feres Doctrine?

--------------------------------------------------

http://www.nuclearfiles.org/menu/key-issue...-08.htm#seventh

G. THE FERES DOCTRINE SHOULD NOT BE APPLIED FOR MILITARY PERSONNEL WHO ARE HARMED BY INAPPROPRIATE HUMAN EXPERIMENTATION WHEN INFORMED CONSENT HAS NOT BEEN GIVEN.

The U.S. Supreme Court has interpreted the Feres Doctrine to mean that soldiers "injured in the course of activity incident to service" may not sue the Government for compensation. (Note 168) However, when inappropriate experimentation has resulted in suffering for military personnel, this interpretation stands in violation of established ethical standards, including the Nuremberg Code, the Declaration of Helsinki, and the "Common Rule." Congress should not apply the Feres Doctrine for military personnel who are harmed by inappropriate experimentation when informed consent has not been given.

The U.S. Supreme Court mentioned the Nuremberg Code in United States v. Stanley in 1987. James Stanley, an Army serviceman, volunteered to test the effectiveness of protective clothing and equipment against chemical warfare in February 1958. (Note 169) In the process, he unknowingly received LSD as part of an Army study to determine the effects of the drug on humans. Although Stanley suffered from periods of incoherence and memory loss for years, he only learned in 1975 that he had participated in the LSD study when the Army solicited his cooperation in a followup study. Having been denied compensation for injury by the Army, Stanley filed under the Federal Tort Claims Act. Justice Antonin Scalia wrote the opinion for the Court, split 5 to 4. (Note 170) Justice Scalia wrote that permitting Stanley to sue the Army would disrupt the Army itself and "would call into question military discipline and decision-making." However, Justice Sandra Day O'Connor, writing for herself as one of the dissenting judges, stated that the Feres doctrine bar

"surely cannot insulate defendants from liability for deliberate and calculated exposure of otherwise healthy military personnel to medical experimentation without their consent, outside of any combat, combat training, or military exigency..." (Note 171)

Justice O'Connor also commented on the Nuremberg Code in her writing, stating that voluntary consent of the human subject is absolutely essential, even for the U.S. military. It was, after all, the U.S. military who played an instrumental role in the criminal prosecution of the Nazi officials who experimented with human beings during World War II.

Share this post


Link to post
Share on other sites

Recommended Posts

Ad

Scalia has no sense of decency, he is right up there with the Holocaust doctors.

Share this post


Link to post
Share on other sites

If the military kills its members through negligence they should get sued. The thing is that they do it so often they would be broke if it were allowed. The Marine with the skin cancer is a case that is a shame and disgrace.

Share this post


Link to post
Share on other sites

The Feres Doctrine won't change for the forseable future. Congress doesn't want it changed, it would cost the government billions every year.

I would not hold my breath waiting for this to change.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

  • Ads

  • Ad

  • Latest News
  • Our picks

    • SHOW YOUR SUPPORT: Ad Free Subscriptions to the Forum available
      Ad free subscriptions are available for the forum. Subscriptions give you the forums ad free and help support the forum and site. Monthly $5 Annually $50 https://community.hadit.com/subscriptions/

      Every bit helps - Thank you.

       
      • 0 replies
    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
×

Important Information

{terms] and Guidelines