United States v. Brown

Background

A discharged veteran sued the United States after a 1951 operation at a Veterans Administration hospital left nerves in his leg seriously and permanently injured when an allegedly defective tourniquet was used. The veteran’s knee injury had originated during active service and led to his honorable discharge in 1944; he had received veteran disability payments, which were later increased. The District Court dismissed his negligence suit under the Federal Tort Claims Act, saying his only remedy was veterans’ compensation, but the Court of Appeals reversed and the Supreme Court agreed to decide which earlier cases controlled.

Reasoning

The Court focused on whether the injury was tied to military duty or occurred while the man was a civilian. Because the nerve injury happened after he left the military and was not the result of activity incident to service, the Court said the earlier case allowing suits by servicemen off duty controls, not the case that bars suits for injuries arising from military duty. The Court held that a discharged veteran can sue under the Federal Tort Claims Act just as a private person could sue a hospital for negligence. The justices also said any disability payments should reduce a damage award, but receiving those payments does not prevent a Tort Claims Act suit.

Real world impact

Discharged veterans injured during treatment at VA hospitals may bring negligence suits against the United States under the Federal Tort Claims Act. Active-duty service members remain barred when injuries arise out of military duty. This decision affirms relief for this plaintiff and clarifies the line between service-related and post-service claims.

Dissents or concurrances

A dissent warned this result treats veterans differently from active-duty soldiers because veterans receive hospital care only because of service, calling that difference an unjustifiable discrimination.