In 1950, the United States Supreme Court in Feres v. The United States, 340 U.S. 135 (1950) held that a soldier could not bring a claim against the United States for injuries incurred while he was in military service. In the recent case of Drabick, M.. v. Kathleen Sebelius et al.,1:10 CV 1841 a U.S. District Court in the Middle District of Pennsylvania held that a former military medical doctor and Colonel, Ret. in the Hematology-Oncology department of Walter Reed Army Medical Center could not bring a Section 1983 Civil Rights Claim against the government resulting from an allegedly inappropriate report of a medical malpractice claim to the National Practitioner Data Bank under the Healthcare Quality Improvement Act of 1986 under the Feres Doctrine.
Continue reading "“FERES DOCTRINE” REARS IN DATA BANK CASE." »