Martinez, Administratrix v. Shrock Et Al.

Background

A retired Army sergeant died soon after a gall bladder operation performed by two Army surgeons. His family brought survival and wrongful-death claims under New Jersey law in state court. The surgeons removed the case to federal court, where the judge dismissed the complaint on the ground the surgeons were absolutely immune from personal liability; the full Court of Appeals for the Third Circuit affirmed that dismissal.

Reasoning

The Supreme Court was asked to decide whether military physicians can be sued personally under state law for alleged negligence. The Court refused to review the Third Circuit’s decision, so the lower-court dismissal stands. In a written dissent, one Justice argued the key precedents relied on involved active-duty service members and should not apply to a retired veteran, and that the question whether military doctors have unqualified personal immunity under state law has never been settled by this Court.

Real world impact

Because the Supreme Court declined review, the family cannot pursue personal suits against these Army surgeons and the lower-court immunity ruling remains controlling in this case. The opinion notes that Congress later enacted a statute making an action against the United States the sole remedy for injuries from Armed Forces medical personnel, but that statute was not retroactive and therefore did not affect this particular lawsuit.

Dissents or concurrances

The dissent by one Justice (joined by two others) would have granted review to resolve a split among federal appeals courts and to address whether retired service members are covered by the earlier immunity rules.