455 F. App'x 369
4th Cir.2011Background
- Estate brings negligence claims against United States under FTCA for injuries to Corporal Glenn at Fort Bragg.
- CRNAs and related personnel were employed under a government contract with Performance Anesthesia, subject to military control.
- Administrative FTCA claims were denied; the government substituted itself for the named defendants under 28 U.S.C. § 2679(d).
- District court dismissed the FTCA claims against the United States as barred by Feres and related doctrines; remanded Performance Anesthesia claims to state court.
- Glenn appeals; panel has jurisdiction under 28 U.S.C. § 1291.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FTCA waiver versus Gonzales Act bar | Glenn argues FTCA waiver allows suit against US for CRNAs. | Gonzalez Act provides exclusive remedy against US healthcare personnel. | Gonzalez Act precludes FTCA claims against US for CRNAs. |
| Feres doctrine applicability to CRNAs under Gonzalez Act | No distinct Feres barrier given private contractor status and post-service distinctions. | Feres doctrine applies to military medical care via Gonzalez Act channels; no exception. | Gonzalez Act and Feres doctrine apply; claims dismissed. |
Key Cases Cited
- Feres v. United States, 340 U.S. 135 (U.S. 1950) (FTCA doesn't cover injuries incident to military service)
- United States v. Johnson, 481 U.S. 681 (U.S. 1987) (military status not required for Feres applicability)
- Kendricks v. United States, 877 F.2d 1201 (4th Cir. 1989) (care received in military facilities is activity incident to service)
- Appelhans v. United States, 877 F.2d 309 (4th Cir. 1989) (recitation of general Feres rule and post-service exception)
- Bradley v. United States, 161 F.3d 777 (4th Cir. 1998) (post-service tort exception recognized but not present here)