Air Force Reservist Seeks SCOTUS Review to Overturn Feres Doctrine

In a pivotal legal move, Air Force reservist Ryan Carter, left paralyzed by a botched back surgery at a military hospital, is set to petition the U.S. Supreme Court. Assisted by Brown & Barron, LLC, Carter aims to challenge the longstanding Feres v. United States decision which prevents servicemembers from suing the federal government for injuries received due to medical malpractice at military facilities.

The Feres doctrine has been a barrier for military personnel seeking justice for medical malpractice and sexual assault, leading to widespread criticism from legal experts and advocacy groups. Proponents for its overturn argue that servicemembers deserve the same legal protections as civilians. Notable criticisms also came from U.S. Supreme Court Justices Clarence Thomas and the late Antonin Scalia, who openly declared the decision erroneous and deserving of reversal.

This case represents a significant moment for military legal rights, offering a potential shift in how military servicemembers can pursue claims of injustice and malpractice. The upcoming months are crucial as the U.S. Supreme Court considers whether to reassess the Feres doctrine.