Madsen v. United States - 841 F.2d 1011 (10th Cir. 1987)

Rule:

Members of the uniformed services cannot bring tort suits against the government for injuries that arise out of or are in the course of activity incident to service.

Facts:

Plaintiff servicemember, Gary Madsen, was hospitalized in a military medical facility for injuries sustained in a motorcycle accident. Plaintiff, a Captain in the regular Air Force, was on terminal leave anticipating his military retirement, but was placed on medical hold status with a delayed retirement when he was admitted to the hospital. Plaintiff brought suit in federal district court for damages under the FTCA alleging malpractice by Army medical personnel during his hospitalization. Defendant United States' filed a motion to dismiss, claiming the action was barred by the doctrine established in Feres v. United States, 340 U.S. 135. The trial court denied the Government’s motion.

Issue:

Was a military servicemember barred under the Federal Tort Claims Act (FTCA) from suing the United States for alleged negligent acts of Army medical personnel while hospitalized in a military medical facility

Answer:

Yes. Mr. Madsen is barred from suit under the FTCA since his treatment at an Army medical center occurred while he was on active duty and was, therefore, incident to service within the meaning of the Feres doctrine.

Conclusion:

The court reversed trial court’s decision and remanded it with directions to dismiss. The court found that active duty was a formal status and that terminal leave was statutorily defined as active duty status. The court found that injury to active duty servicemembers as a result of military medical care was incident to service and not subject to suit under the Federal Tort Claims Act, 28 U.S.C.S. §§ 2671-2680.