Unfair claims standard for injured babies born to military moms should go

Through Glazed Eyes

By Adam J. Glazer

Adam J. Glazer is a partner at Schoenberg, Finkel, Newman & Rosenberg LLC and an adjunct professor at Northwestern University School of Law. A general service firm, Schoenberg, Finkel dates back about 60 years in Chicago. Glazer maintains a broad commercial litigation practice with an emphasis on preventing, and if necessary, litigating business disputes.

Posted November 3, 2015 3:07 PM

Prominent among judicial doctrines ripe for reversal — right up there with contributory negligence and baseball’s antitrust exemption — is the rule immunizing the government from negligence claims by military personnel for injuries suffered on the job.The Supreme Court long ago carved out a military exception to the Federal Tort Claims Act, the law that subjects the government to suit when the negligence of federal workers causes injuries. In Feres v. U.S., 349 U.S. 135 (1950), injured service members …

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