Walter Daniel, whoever spouse passed away hours after having a baby, is challenging a doctrine that is 68-year-old bars active-duty armed forces people from suing the government for accidents. He states he’s fighting for longer than simply their family.
A lot more than four years after Navy Lt. Rebekah Daniel bled to death within hours of childbirth at a Washington state hospital that is military her husband still does not know precisely exactly exactly just how — or why — it happened.
Walter Daniel, a previous shore guard officer, demanded explanations from officials at Naval Hospital Bremerton, where their wife, referred to as “Moani,” passed away March 9, 2014.
He states he got none. No outcomes from the review that is formal no information regarding how a low-risk pregnancy of a healthy and balanced 33-year-old girl — a work and delivery nursing assistant herself — ended in tragedy, making their newborn child, Victoria, now 4, without having a mother.
“There was no schedule, no documents of just exactly what actions had been taken,” recalled Daniel, 39, sitting inside the Seattle lawyer’s high-rise workplace final thirty days. “I’ve had no responses.”
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Daniel, whom now lives in Dublin, Ca, filed a wrongful-death lawsuit in 2015, however it had been latin bride dismissed, as were appeals that are subsequent.
The dismissals had been based instead of the reality regarding the instance but on what’s referred to as Feres doctrine, a 68-year-old ruling that is federal bars active-duty army users from suing the us government for accidents.
This Daniel is taking his quest for answers to the U.S. Supreme Court week.
Through their attorney, he petitioned the high court Thursday to amend the 1950 ruling, producing an exclusion that will enable solution people to sue for medical malpractice exactly the same way civilians can. Leer más