[Congressional Record Volume 154, Number 112 (Wednesday, July 9, 2008)]
[House]
[Page H6318]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   THE CARMELO RODRIGUEZ MILITARY MEDICAL ACCOUNTABILITY ACT OF 2007

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from New York (Mr. Hinchey) is recognized for 5 minutes.
  Mr. HINCHEY. Mr. Speaker, I would like to bring to your attention the 
circumstances of Sergeant Carmelo Rodriguez and the series of 
extraordinary mistakes the military made which led directly to his 
death.
  In 1997, when Carmelo Rodriguez enrolled in the Marines, a physical 
performed by U.S. military staff concluded that Carmelo Rodriguez had 
melanoma present on his right buttock. No action, however, was taken.
  In March of 2000, Carmelo marked ``no'' on a medical report 
indicating he was not aware of his melanoma.
  On February 5, 2003, during a prescreening for foot surgery, another 
military doctor made note of a so-called ``birthmark'' present on his 
right buttock. Again, no action was taken.
  During March of 2005, while Carmelo was deployed in Iraq, he saw 
another military doctor for a growth or sore on his buttock. He was 
told to keep it clean and visit the doctor again when he got back to 
the United States, which would be 5 months later.
  On November 11, 2005, Carmelo saw the same doctor and was directed to 
dermatology to have the so-called birthmark removed for cosmetic 
purposes.
  The next year, several months later, April 2006, while several 
referrals were ``lost in the system,'' Carmelo's so-called birthmark 
was bleeding and pussing constantly. He finally succeeded in seeing an 
appropriate doctor and was told he had stage III malignant melanoma.
  Carmelo had three surgeries, received radiation and chemotherapy, but 
it was too late. The cancer had spread to his lymph nodes, to his 
liver, kidney and stomach, throughout his body. The doctors told him 
that if it had been caught earlier, it would have made a big 
difference.
  Carmelo Rodriguez was a young, strong man and a dedicated member of 
the Armed Forces. At the age of 29, he died of a skin cancer that 
should have been caught much earlier by the military he was counting 
on. He left behind a family who loved him deeply, including his 7-year 
old son.
  His family, like so many service men and women and their families, 
have been left with many unanswered questions. How could the military 
health system fail in such a significant and painful way? Why, after 
such a critical failure in health care, has the military not conducted 
and completed a full investigation into the circumstances that led to 
Carmelo's death? And how could it be possible that of all Americans, 
members of the military and their families are left no recourse in the 
face of such medical negligence?
  In California, the wife and two small children of Staff Sergeant Dean 
Witt want to know why the military can't be held accountable when he 
died after routine appendicitis surgery.
  Christine Lemp, whose husband, James, died after receiving 
questionable medical care for a stomach virus in Missouri, deserves to 
know why there is no recourse to holding the military accountable for 
his death.
  Eight National Guardsmen and their families from New York City 
deserve answers in the face of the medical negligence that occurred 
after their exposure to depleted uranium.
  The Feres Doctrine was a ruling by the U.S. Supreme Court nearly 60 
years ago that denies service men and women the ability to hold the 
military accountable for acts of negligence, including medical 
malpractice. Under the Federal Tort Claims Act, Federal prisoners and 
even illegal aliens in the United States have the ability to seek 
damage from the Federal Government for medical malpractice, but members 
of our Nation's military still do not.
  What I have done is crafted a piece of legislation to allow members 
of the military to seek just recourse in cases of military medical 
malpractice. This bill is about holding our military accountable for 
its actions and for its responsibility to our military members.
  Carmelo's situation and this legislation speak directly to the fact 
that our military, including the military's health system, is spread 
thin by the occupation of Iraq. Our military is facing shortfalls of 
doctors, nurses and other health care staff across-the-board. This 
highlights just one of the many consequences of the decision to invade 
Iraq on false pretenses.
  Service men and women must be on equal footing as all American 
civilians. I think Americans will agree that anything to the contrary 
contradicts the fundamental principles of our Nation. As a military 
veteran and Member of Congress, I believe we must match the dedication 
and sacrifice of our soldiers with the adequate health care they 
deserve and a fair avenue of recourse in the case that they do not 
receive that adequate health care.
  I am hopeful that my colleagues will also agree and join me in 
support of the Carmelo Rodriguez Military Medical Accountability Act of 
2008.

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