110 HR 6093 IH: Carmelo Rodriguez Military Medical U.S. House of Representatives 2008-05-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 6093 IN THE HOUSE OF REPRESENTATIVES May 20, 2008 Mr. Hinchey (for himself, Mr. Filner, and Mr. Frank of Massachusetts) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend chapter 171 of title 28, United States Code, to allow members of the Armed Forces to sue the United States for damages for certain injuries caused by improper medical care and for other purposes.

1.

Short title

This Act may be cited as the Carmelo Rodriguez Military Medical Accountability Act of 2008.

2.

Allowance of claims by members of the Armed Forces against the United States for certain injuries caused by improper medical care

(a)

In General

Chapter 171 of title 28, United States Code, is amended by adding at the end thereof the following new section:

2681.

Certain claims by members of the Armed Forces of the United States

(a)Claims may be brought under this chapter for damages against the United States for the personal injury or death of a member of the Armed Forces of the United States arising out of a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) that takes place other than in the context of combat and is provided by persons acting within the scope of their office or employment by or at the direction of the Armed Forces of the United States, whether inside or outside the United States. (b)The payment of any claim of a member of the Armed Forces under this section shall be reduced by the present value of other benefits received by the member and the member’s estate, survivors, and beneficiaries, under title 10, title 37, or title 38, United States Code, that are attributable to the physical injury or death from which the claim arose. (c)For purposes of claims brought under this section— (1)section 2680(k) does not apply; and (2)in the case of an act or omission occurring outside the United States, the law of the place where the act or omission occurred shall be deemed to be the law of the place of domicile of the plaintiff. (d)As used in this section, the term a negligent or wrongful act or omission in the performance of medical, dental, or related health care functions (including clinical studies and investigations) has the same meaning given that term for the purposes of section 1089(e) of title 10.

. (b)

Clerical amendment

The table of sections for chapter 171 of title 28, United States Code, is amended by adding at the end thereof the following new item: 2681. Certain claims by members of the Armed Forces of the United States. . (c)

Effective date

The amendments made by this section shall apply only with respect to claims arising on or after January 1, 1997 and any period of limitation that applies to such a claim arising before the date of enactment of this Act shall begin to run on the date of that enactment.