Foster v. United States of America

Plaintiff James Foster, a retired Navy veteran, brought suit against the United States under the Federal Tort Claims Act alleging that negligent post-operative care at a Department of Veterans Affairs hospital in Virginia left him permanently disabled. Foster argued that because the alleged malpractice occurred years after his discharge, the Feres doctrine barring military-related claims should not apply. The United States moved to dismiss, asserting sovereign immunity and contending the treatment was linked to a service-connected condition. On August 5, 2024, the United States Court of Federal Claims granted the government’s motion, holding that Feres extends to injuries incident to service even when medical care occurs post-discharge. The court ruled that allowing the suit would require impermissible judicial scrutiny of military medical decisions.

The court dismissed the complaint for lack of subject matter jurisdiction, reaffirming the broad application of Feres and holding that the United States had not waived sovereign immunity for this category of claims.

Whether the Feres doctrine precludes medical malpractice claims brought by a veteran for post-discharge treatment when the underlying condition is connected to prior military service.

The ruling prompted renewed criticism from veterans’ advocacy groups and members of Congress, who cited it as further evidence that the Feres doctrine unjustly denies legal recourse to service members and veterans. Legislative proposals to create a statutory exception for medical malpractice gained additional bipartisan support in the weeks following the decision.