July 26, 2009

The Honorable Herbert H. Kohl
United States Senate
330 Hart Senate Office Building
Washington, DC 20510-4903

Re: S 1347 - Carmelo Rodriguez Military Medical Accountability Act

Dear Senator Kohl:

After Marine Sgt. Carmelo Rodriguez served his country with honor for nearly a decade, including a tour of duty in Iraq, he lost his life not on the battlefield, but as a result of preventable medical negligence. While most Americans could pursue justice through our courts, service members like Rodriguez and his family do not have this same right. The Carmelo Rodriguez Military Medical Accountability Act (S. 1347), introduced by Sen. Charles Schumer (NY), would restore the protections of the civil justice system to the men and women of our armed forces.

A 1950 U.S. Supreme Court ruling in Feres v. United States prevents service members on active duty from holding the government accountable for non-combat related injuries. This decision strips countless military families of their right to seek redress through our civil justice system.

"It is inexcusable that our service men and women, if injured by medical negligence, are denied the same protections that all other citizens enjoy," said Linda Lipsen, Senior VP of Public Affairs at the American Association for Justice. "This important legislation would restore these rights to these brave heroes, who risk their lives every day in service of our country."

Upon enlisting in the U.S. Marine Corps, Rodriguez received a routine medical exam. His doctors diagnosed a blotch on his buttock as melanoma but never told him, and the military never followed up. Over the next eight years, the melanoma continued to grow until, while serving in Iraq, Rodriguez had it examined again. This time, he was told that it was just a wart and that he should have it examined upon returning to the U.S. Tragically, by then, it was too late, and Rodriguez died 18 months later from skin cancer, holding the hand of his seven-year-old son.

I strongly urge you to co-sponsor S. 1347 to restore the right of active duty service members to bring suit against the United States for improper medical provide by the Department of Defense. Please note that the provisions of this legislation would not apply to any claim arising out of the combatant activities of the Armed Forces during the time of armed conflict.

Respectfully,

Don "Boots" Jensen
Sergeant United States Marine Corps 1973-79