Carmelo Rodriguez – When Marines Become UNCitizens: Misdiagnosis, Malpractice and Outrage
(May 20, 2008 – find an update to this post)
[Let me begin this post with a bit of a disclaimer. My husband is a retired veteran of the Air Force -- 20+ years -- before I knew him, but that doesn't diminish my pride in the fact that he served our country. His son and our daughter in law are both career Air Force, too, and our other daughter-in-law just completed eight years in the Air Force. So yes, we are huge supporters of our American soldiers.]
The story I’m about to tell you holds several interests and outrages and raises some important questions:
1. Since when is a soldier not a citizen first?
2. How is it that an accurate diagnosis could turn into a MISdiagnosis 10 years later?
This story is told on CBS’s evening news — about a young soldier, Sgt. Carmelo Rodriguez, who joined the Marines in 1997. During his induction physical, the doctor noted a mole and called it a melanoma on Carmelo’s records. But nothing was said to Carmelo, and the paperwork was filed. Carmelo went through training, has spent these ensuing years in the Marines, and was deployed to Iraq…
…. where last year, the mole began to get inflamed and filled with pus…. so the sargeant checked in with the military doctor. He was told it was a wart, and to “wait and see.”
Sargeant Carmelo Rodriguez died 18 months later, of melanoma.
Turns out, according to the military itself, that there are “several hundred” cases of misdiagnosis of medical problems for soldiers in Iraq each year. Others have died from misdiagnosis and medical mistakes, too.
And I SO UNDERSTAND THE OUTRAGE! Because I’ve been there — misdiagnosed and floundering. There are tens of thousands of us — but most of us aren’t soldiers…
So here is OUTRAGE #2: Because Sgt. Carmelo Rodriguez was misdiagnosed by a military doctor, his family has no legal recourse. None Nada. A law passed in 1950, called the Feres Doctrine, removes that right for soldiers, even when injured by the actions of a military doctor.
But wait! There’s more!
Outrage #3: Because Carmelo was sent home to die — so he could be with his family — he was discharged from service. That means that he can have a military funeral — but his family has to pay for it.
This entire story is just wrong on so many levels. The original silence on the part of the induction doctor who didn’t speak up about Carmelo’s melanoma, the missed-diagnosis on the part of the doctor in Iraq, the fact that Carmelo died!, the fact that the family cannot find legal recourse to be compensated for his loss (to help raise his son), and the fact that the military would simply turn a blind eye toward paying for the funeral. And those facts are probably only the tip of the iceberg.
Questions for the two military doctors: Since when don’t you tell/warn someone about their medical condition? How could you have missed melanoma?
Questions for the Marines: Since when do our soldiers cease to be American citizens with the same rights the rest of us have to sue? And since when does the military send a soldier home to die — especially one who has seen combat — and not pay for the soldier’s funeral?
The lack of communication, misdiagnosis and death are bad enough. When compounded by the final insults of rights removal and not helping to bury the soldier — all Americans should be offended.
|
|
|
|
|
Want more tools and commentary for sharp patients?Sign up for Every Patient’s Advocate email tips |
| - – - – - – - – - – - |
|
| Join Trisha in the Patient Empowerment Forum at About.com | |
| - – - – - – - – - – - |
|
| Or link here to empower yourself at EveryPatientsAdvocate.com | |
|
|
|
 |
|
When I saw this story this morning on the news…I immediately started crying. I cannot believe the state Carmelo was in from the disease…he looked like a skeleton with skin. This is a severe human rights violation and I for one am so tired of the excuse of “well it’s the law”. History has shown that the “law” and “justice” and what is “right” are not always the same. And in a case like this, they are far from the same.
This is why the rest of the world mocks our government, we preach human rights, justice, and democracy, but yet in cases like this – we do next to nothing to defend those ideals. We should concentrate on being a nation that leads by example, as our forefathers intended, not a nation that leads by force.
Carmelo’s death is a tragedy beyond words and I hope that in death he eventually gets the justice he deserved in life.
This was certainly an inexcusable thing. It should outrage all of us. The laws have got to be changed. It just broke my heart to learn of this injustice, and watch the report of this young man’s story.
i just got a myspace bulletin regarding Carmelo…i could not believe it! we were in high school together but i had not seen him since then and just as his family said he was such a great person! I knew that he was sick and that his sisters Ivy and Liz were taking care of him(Bless them both because they have had to face many hardships in their lives already) but i was so shocked to see the handsome Carmelo that i remember was suffering and dying! But the absolute worst part is that it didn’t have to be. What kind of nation do we live in that would allow this. I am saddened and ashamed….something has to be done. Carmelo cannot come back and his son must now live without his father. Someone needs to be held accountable!!!!!
like “an old friend from ellenville” I also knew Carmelo from home and consider his sisters to be great friends…I knew of the story but seeing the news clip just floored me.. this was a great young man and he was doing what we are all supposed to hold in such high regard, especially in these times: serving our country.. as an Air Force wife, I also know that it is not unheard of for the doctors (and in some cases, PAs) to be dismissive when it comes to treatment.. it all comes down to one thing, MONEY!!!! and with what we are spending to fight in Iraq and Afghanistan daily, it is a shame that something like this is allowed to happen… what we can hope for now, in his memory, is that word of this tragedy and others like it will continue to gain exposure so that the American people have a clear picture of what is happening…
Continue Carmelo’s fight. Please go to http://www.verpa.us and sign the petition to abolish the Feres Doctrine. Our soldiers deserve the righ to hold their doctors accountable for their actions. Please go to http://carmelofoundation.chipin.com/carmelo-foundation to support Carmelo’s foundation. Thank you.
The death of any young person is a tragedy. And a preventable death like this one is even worse. I hope his dependents are receiving the social security benefits they are entitled to.
I would advise any young people joining the military to accept the life insurance offered, it only costs a small amount and can provide about $400k in coverage.
Also, never decline the exit physical. You have to stay in another day to get everything tested, but if Carmelo had done this, the service would have “owned” his medical condition/dependents, etc.
My son Michael Fremer was killed at Fort Polk, La on 2/13/08 because of Army Negligence during a training exercise. The Army can not be held accountable because of the Feres Doctrine. This law needs to be changed. Why is the Army exempt from being held accountable for Negligence? Our young men and woman are risking their lives. This is how our country treats the soldiers and the families? The Feres Doctrine needs to be overturned!
There are other cases that involve the feres Doctrine. For example Medical Malpractice in the army. Also Marines being exposed to Toxic chemicals on US Bases. The Military is exempt from being held accountable on all of these matters.
I grew up with Carmelo Rodoriguez in Ellenville NY. We both lived at 10 Eastwood Avenue in Ellenville NY. He was a really good person with a tough childhood. I pray to god that he is in heaven looking down at his family. Its really messed up that if a regular doctor screwed up like that they could get sued and in a lot of trouble, but the military doctor gets nothing for this tragedy. Im sorry for what happened. To the whole Rodriguez and Ferraro Family my payers are with all of you.
This is another victim of the poor medical care in the Military. Please read the story on Airman Colton James Read. This is the same Military hospital that Killed Dean Witt. This occurred at the David Grant Medical Center at Travis Air Force Base.
The family can not take action because of the Feres doctrine. It is time for congress to act.
http://cbs11tv.com/health/medical.mistake.military.2.1092872.html
http://www.coltonread.com/
By the U.S. Congress’s acts/inaction are U.S. Service Personnel and U.S. Veterans captured within the Executive Branch with no useful access to the Judicial Branch??
The 1950 U.S. Supreme Court’s FERES DOCTRINE holds the U.S. Government harmless for injuries to active duty service personnel. In 1988 the U.S. Congress’s Veteran’s Judicial Review Act created the U.S. Court of Veterans Appeals (COVA). As a practical matter, thereby now gone for both U.S. Service Personnel and U.S. Veterans are the check and balances within and between our branches of government. Please hold your members in the U.S. House and U.S. Senate responsible.
In 2009, fifteen (15) years after the COVA Chief Judge’s statements, the Secretary of the DVA and his laymen “initial adjudicators” still are not held responsible for their “freely ignored” and medically brainless “Schedule of Ratings for Disabilities” decisions, i.e., the “STATE OF COURT” transcript PARAGRAPH 9 with Congress’s law of the land U.S. CODE, TITLE 38, SECTIONS (§) 511 and § 7252. Decisions of the Secretary; finality; REFERENCES [1], [2] & [3]. In 1994 the Chief Judge of Congress’s 1988 established inferior Veterans Court stated that the, “Constitution, Statutes and Regulations” are “policy freely ignored” by both the Secretary of the Department of Veterans Affairs (DVA) and “The Veterans Health Administration” (VHA). This is a U.S. Congressional no teeth LEGISLATIVE Branch Court. Its Chief Judge describes veterans captured within an out of control, DVA health care process. Lost is a before military service right to a must be obeyed (independent from Congress and the Executive Branch’s DVA) superior Judicial Branch Court.
A couple of examples of the “initial adjudicators” to date “freely ignored” are this veterans 1957 DVA Physician’s resultant USAF Physician’s, “MPerR PERMANENT” “SURGEON HQ ARRC JUN 25 ‘58 MEDICALLY DISQUALIFIED FOR MILITARY SERVICE” (1952 to 1956)! Then the layman adjudicator’s brainless 6/27/96 Supplemental Statement Of Case (SSOC) no “…competent medical evidence…”. After an ongoing 19 years in the DVA administrative process the veteran receives a 100% disability. To date there is still no recognition of their 1957 DVA physician’s resultant 1958 USAF physician “disqualified”!
REFERENCES (Emphasis added throughout) with comments:
[1] “STATE OF COURT, CHIEF JUDGE FRANK Q. NEBEKER, STATE OF THE COURT, FOR PRESENTATION TO THE UNITED STATES COURT OF VETERANS APPEALS THIRD JUDICIAL CONFERENCE, OCTOBER 17-18, 1994 {as it appears in Veterans Appeals Reporter}”
——————–PARAGRAPH 9 of 16 in “STATE OF COURT” TRANSCRIPT records DVA laymen ignoring medical opinion without veteran recourse.—————————–
“I believe my message is clear. There is, I suggest, no system with judicial review which has within it a component part free to function in its own way, in its own time and with one message to those it disappoints — take an appeal. That is, I am afraid, what we have today in many of the Department’s Agencies of Original Jurisdiction — that is AOJs — around the country. Neither the Court, through the Board, the Board, nor the General Counsel has direct and meaningful control over the Agencies of Original Jurisdiction. Indeed, it is also clear that the VHA — the Veterans Health Administration — ignores specific directives to provide medical opinions as directed. And this is resulting in unconscionable delays. Let us examine judicial review. Remember, the Court and the Board do not make policy, the Secretary and Congress do. The Court simply identifies error made below by a failure to adhere, in individual cases, to the Constitution, statutes, and regulations which themselves reflect policy — policy freely ignored by many initial adjudicators whose attitude is, “I haven’t been told by my boss to change. If you don’t like it — appeal it.” The complete 16 paragraph “STATE OF COURT” transcript is available on request. Previously at, and now missing from the Chief Judges and state_of_court sites: http://www.goodnet.com/~heads/nebeker & http://www.firebase.net/state_of_court_brief.htm
The top medically ignorant “boss” is Congress’s confirmed “Secretary” of the DVA.
AND THE CONGRESS’S “policy freely ignored” UNITED STATES CODE law of the land, take away from Veterans:
[2] UNITED STATES CODE, TITLE 38 > PART I > CHAPTER 5 > SUBCHAPTER I >
§ 511. Decisions of the Secretary; finality
http://www.law.cornell.edu/uscode/html/usc…11—-000-.html
“(a) The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), THE DECISION OF THE SECRETARY AS TO ANY SUCH QUESTION SHALL BE FINAL AND CONCLUSIVE AND MAY NOT BE REVIEWED BY ANY OTHER OFFICIAL OR BY ANY COURT, whether by an action in the nature of mandamus or otherwise.”
THEREFORE, NO COURT REVIEW OF THE MEDICALLY UNTRAINED DVA laymen and “Secretary” “schedule of ratings for disabilities” decisions as proven by:
[3] UNITED STATES CODE, TITLE 38 PART V > CHAPTER 72 > SUBCHAPTER I >
§ 7252. Jurisdiction; finality of decisions
“(b) Review in the Court shall be on the record of proceedings before the Secretary and the Board. The extent of the review shall be limited to the scope provided in section 7261 of this title. THE COURT MAY NOT REVIEW THE SCHEDULE OF RATINGS FOR DISABILITIES adopted under section 1155 of this title or any action of the Secretary in adopting or revising that schedule.”
Its an outrage and something needs to be done to prevent such mistreatment. I am in the military and have spinal degeneration in both my lower back and neck with bad disks. I have been dealing with this since half way through my last tour ending in June of 2009. I have been to physical medicine, physical therapy, chiropractors, neurosurgeons (1 civilian and another military) and have had steroid injections that just made my issues worse. The civilian Neurosurgeon did not tell my PA what he wanted to hear so my PA sent me to an on post Neurosurgeon that did not examine me or ask me any questions or question the fact that my MRI was 10 months old. When you have degenerative disk disease it gets worse over time. The on post Neurosurgeon simply said I did not require surgery at this time which contradicted what the civilian neurosurgeon recommended. The civilian Dr. took the time to ask me questions, sit and go over the details of my MRI and showed compassionate concern. In the span of 2 days my primary care provider (PA) then changed my status from nondeployable to deployable allowing me to carry full combat load and gear while running 2 miles. Stopped giving me any pain killers (which were not opiate based) and told me to take celebrex which does nothing for my constant headaches, loss of function in both my left arm and left leg, the spinal lock I get if I attempt to run and the all around major discomfort I have daily. I can not run, I can not carry a combat load and I am getting worse. The one fact is that the PA’s are not doctors…they are only assistants, they are making life altering decisions and do not have the credentials to do so. They placate the situation and tell you to be strong and carry on while causing you to feel guilty. Trying to get treatment is stressful and gets nothing accomplished.
Carmelo Rodriguez should have been treated as soon as anything was noticed and I regret that the situation went to the extremes without any repercussions. My heart goes out to the family.
I am outraged. Not only because of the thousand of our men and women in uniform are suffering at the hands of negligent medical care, but also, that I have a child with sever special needs due to neglect during my pregnancy while on Active Duty in the Air Force. It has been 18 years and my son will never live on his own, drive a car, have a job etc…. When I learned there was NOTHING I could do in recourse of the negligent care which left my son in severe fetal distress causing mental retardation, I was devestated. It is mind numbing to know that when you sign your name on the dotted line you become Government Issue and no longer have a say so in your life. Even when it comes to experimental drugs. Military hospitals are nothing more than Human Hobby Shops. Our men and women in uniform deserve better and I can’t wait for the day that the Feres Doctrine is repealed.