WASHINGTON D.C. – For the family of late Marine Sergeant Carmelo Rodriguez, this was no ordinary trip to the nation's capital. Last Tuesday, March 24, Ivette Rodriguez and many other members of her family made the trip to Washington to join Congressman Maurice Hinchey (D-NY22) in testifying before the House Judiciary Panel regarding Hinchey's proposed law, H.R. 1478, the Carmelo Rodriguez Military Medical Accountability Act of 2009.

If passed, the law would counteract a U.S. Supreme Court ruling from 1950 known as the Feres Doctrine, which currently prevents members of the United States military from suing or otherwise holding the military accountable for medical malpractice or negligence. The inspiration for the law came about in 2007, when Sgt. Rodriguez, an Ellenville native, died from skin cancer that was repeatedly misdiagnosed by military doctors since his entry-exam upon joining the marines in 1997. Shortly before his death, Rodriguez had written to Hinchey of his plight, and in the time since then the congressman vowed to combat the Feres Doctrine and drafted the bill which was discussed last week.

"The focus of this hearing is about equal protection under the law. The question before you is whether or not we, as members of this Congress, believe that members of our nation's military are deserving of the same rights as you or I," said Congressman Hinchey.

"In our country, if you or a member of your family goes to a doctor or medical professional for treatment and that professional is negligent in their job, you have the legal right to hold that healthcare provider accountable through the judicial system. For example, if you had a planned surgery to amputate your left leg and the doctors involved were negligent in that surgery and removed your right leg, you would have a method of recourse. That recourse is available for all of our citizens, including those in federal prison. But that is not the case for members of the military."

Hinchey said that the bill would discern between medical decisions made in and out of combat situations, only giving the right to victims or families to seek recourse for malpractice or negligence that occurs off the battlefield.

Rodriguez's sister, Ivette, who currently lives in Wurtsboro, also spoke before the committee.

"I'm not someone with a big fancy job, or political connections," she said. "I'm just a loving sister and mother of two, soon to be three, who lost her brother to a horrific case of medical negligence. I speak not just for my whole family who miss my brother dearly, including his young son Carmelo Rodriguez IV, but I speak for the countless other military families who have been forced to confront similar situations."

Also present to testify was George Washington University Law professor Stephen A. Saltzburg, who said that the "[Feres] doctrine does a great disservice to the men and women who wear the uniform of the United States." Joining him was Yale Law School professor Eugene R. Fidell, who also called for congress to act to "prevent the unfairness that can result from the Feres Doctrine."

Testifying to why the proposed bill should not be passed were Retired Major General John D. Altenburg, Jr. of the US Army. He said that the military already provides compensation to discharged servicemen and women, and if there are inequities in that system, they should be altered and improved upon.

"Congress can better serve our service members and their families by improving benefits, by eliminating disparities and inequities, and by increasing compensation to better approximate damage recoveries of civil lawsuits," he said. He said that the bill would create a disparity between members of the military who suffer from lasting physical harm but in different circumstances, such as a soldier who loses a limb in combat and one who loses one due to an incorrect medical decision. Both soldiers suffer the same consequences, but only one can seek legal recourse, thereby creating inequality. He also said that the money involved in defending against and preparing for medical malpractice suits would increase financial strain on the military.

Another concern discussed during the hearing by members of the committee was a possible loss of discipline within military ranks should the bill pass, though this concern was said to be unfounded by Professor Salzburg.

Despite being asked, representatives of the Department of Defense were not present at the hearing, much to the chagrin of committee chairman Tennessee Congressman Steve Cohen (D-TN09), who said it was a "disgrace they didn't come."

The news of Rodriguez's death first gained national attention when CBS News's Byron Pitts traveled to Wurtsboro to meet the marine for a piece that aired last February, and which was shown during the hearing. Eight minutes after meeting Pitts, the marine, who had been reduced to 80-pounds and bedridden, suddenly died. At one point during the piece, Pitts interviews Professor Fidell, who says, "I hope members of congress are watching this show…because the law has got to change."

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