Married United States active duty military service members were preparing for the arrival of their first child. Mrs. Romero received prenatal medical care from government medical employees at the United States Naval Hospital at Camp Pendleton, California. The couple alleged that the doctors failed to implement a medical treatment plan that was made necessary by Mrs. Romero incompetent cervix This resulted in the couple baby son Joshua's premature birth. Baby Joshua parents alleged that consequently that Joshua suffered from cerebral palsy because of the possible negligence by the medial staff. Mrs. Romero herself did not suffer any damages from the birth; However, the couple themselves claimed consequential damages resulting from Joshua's injuries--loss of filial love, mental anguish, and the financial burden imposed by Joshua's physical condition
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Romero, Joshua was born with cerebral palsy. In applying the doctrine articulated from the case of Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950). However, the district court dismissed the action because of lack of subject matter jurisdiction. The couple appealed the dismissal, as they claimed that the Feres doctrine does not apply to this case. The courts agree and
Romero, Joshua was born with cerebral palsy. In applying the doctrine articulated from the case of Feres v. United States, 340 U.S. 135, 71 S.Ct. 153, 95 L.Ed. 152 (1950). However, the district court dismissed the action because of lack of subject matter jurisdiction. The couple appealed the dismissal, as they claimed that the Feres doctrine does not apply to this case. The courts agree and