The Cochran Firm Legal Blog

In March 2006, an active duty radar operator, Nathan Hafterson, was admitted to Naval Hospital in Jacksonville, Florida, for respiration difficulties. During treatment he was given a gas anesthesia through a mask and had an allergic reaction to it.

He died of malignant hyperthermia, a metabolic condition where the body cannot remove carbon dioxide from the blood quickly enough, nor absorb enough oxygen, and cannot regulate body temperature. The blood circulation fails, causing death. This is usually a genetic disorder and like most reactions to anesthesia, comes as a surprise to the medical personnel, who must rush to treat it promptly.

Ability to Sue the Government
Now two attorneys have teamed up to use this case in a petition to the U.S. Supreme Court. They are asking that active duty military personnel be allowed to sue the government. Back in 1950, a law was passed that restricts such claims to military dependents and retirees rather than active duty military people.

The Supreme Court receives thousands of petitions every year and can review only a few of them. They may or may not accept this one for review. If they do, it would open up a new group of potential plaintiffs for the law profession.

"It would be a landmark case. It would put military members on the same footing as civilians under the Federal Tort Claims Act," stated Bryan Gowdy, one of the two lawyers filing this petition. They expect a wait of about six months for a Supreme Court response.

If the current law were to be amended, Hafterson's parents, who are not military retirees and were not their son's dependents, would be able to file a medical malpractice claim in civil court for the loss of their son. Their claim was previously dismissed by a district court and the dismissal was confirmed by an appeals court.

If you have been harmed by a medical error and would like to know more about your legal rights and options, please contact our personal injury lawyers today for a free case evaluation.

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