Document Type
Essay
Abstract
In order to right a longstanding wrong perpetrated against military mothers and their children, the Court should grant review in Ortiz v. United States ex rel. Evans Army Community Hospital. Part I of this Essay provides a brief discussion of the FTCA and the Feres doctrine. Part II discusses the facts and holding in Ortiz and its rejection of the approaches taken in other circuits involving pregnant service members and pre-birth injuries, which has caused a clear split in the circuits. Part III argues that these types of claims are not subject to the Feres doctrine because pregnancy and injuries that occur incident thereto do not occur “incident to service.”
Recommended Citation
Tara Willke,
Military Mothers and Claims Under the Federal Tort Claims Act for Injuries that Occur Pre-Birth,
91
Notre Dame L. Rev. Online
160
(2016).
Available at:
https://scholarship.law.nd.edu/ndlr_online/vol91/iss3/1
Included in
Constitutional Law Commons, Legislation Commons, Supreme Court of the United States Commons, Torts Commons