U.S. Military

Medical Malpractice

You had a right to say no

Covid-19 vaccine mandate

malpractice

The 2020 National Defense Authorization Act included authorizations for service members of medical malpractice to pursue lawsuits for damages suffered because of negligence.  However, like most laws, there are conditions.

The More You Know!

DISCLAIMER: The advice on this page is not authored by an attorney and should not be considered professional legal advice.  Should a service member desire to engage in litigation, they should consult a licensed attorney specializing in military medical malpractice suits.

A service member has up to two years to file a claim from the time of the event, after which SECDEF has up to six months to accept or reject the claim.  Only after the claim has been rejected can a service member engage the courts for remedy.

The new authorization is rather restrictive, but injured victims should start the paper trail regardless because legal actions have yet to resolve this complicated event.

DoDI 6200.02 and USAMRDC (HSRRB) require commanders to be knowledgeable of a service member’s informed consent rights relating to EUA substances.  Furthermore, those regulations require the DoD to educate local health providers on those rights to ensure service members can make a qualified choice about their health goals.  The DoD did not have the authority to penalize a service member who refused to participate in a COVID-19 experimental substance.  By engaging in coercive behavior and intimidation tactics, the agency compelled service members to participate in a highly dangerous substance against their free will and voluntary consent.

Service Members injured by a COVID-19 IND under threat of penalty by their commander may wish to request compensation for medical negligence by the DoD.

A service member who experienced mild symptoms with no lasting complications should not submit a claim.  These claims should be reserved for serious adverse reactions.

SF-95 Tort Claim Form

The first step is to fill out the SF-95 form to file a claim. PDF HERE

Where To File

ARMY: Office of the Staff Judge Advocate or U.S. Army Claims Service, 4411 Llewellyn Avenue, Fort Meade, Maryland 20755, ATTN: Tort Claims Division.

MARINES/NAVY: Office of the Judge Advocate General, Tort Claims Unit, 9620 Maryland Avenue, Suite 205, Norfolk, Virginia 23511-2949.

AIR FORCE: Office of the Staff Judge Advocate or AFLOA/JACC, 1500 W. Perimeter Road, Suite 1700, Joint Base Andrews, MD 20762. POC: Medical Law Branch, AFLOA/JACC 240-612-4620 or DSN 612-4620

READ CLOSELY

Filling out a form is just a step.  It does not grant you a court hearing or any guarantee of success.  If you experienced a life-altering reaction to a COVID-19 Vaccine, you are encouraged to seek legal counsel before filing your claim.  Many law firms will offer you a free consultation.  However, they are most likely unaware of your absolute right to refuse COVID-19 experimental substances. Search as follows: “military medical malpractice” — A directory of attorneys is forthcoming.