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May 19, 2008

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Legislation to allow families of service personnel to sue military doctors, government for medical malpractice introduced by Hinchey


Marabella Ferrera speaks while her husband, Dean, behind her,
and Rep. Hinchey listen. The Ferreras raised
Marine Sgt. Carmelo Rodriguez.

WURTSBORO – January 16 marked the first anniversary of the passing of Marine Sgt. Carmelo Rodriguez of Ellenville, who died of skin cancer after what his family says was a serious of mistakes made by military medical personnel. He was 29.

Congressman Maurice Hinchey Monday announced he would sponsor legislation allowing families in situations such as this to sue the doctors that treated their loved one as well as the U.S. Government.

Standing with several family members of Rodriguez outside their Wurtsboro home, Hinchey said his legislation would seek to override a 1950 Supreme Court decision that overturned a 1946 law that allowed such suits.

Rodriguez, a Marine who served in Iraq, died from melanoma on his buttocks. Treating physicians made one medical mistake after another, including diagnosing his health issue as a birthmark or wart.

Yvette Rodriguez, Carmelo Rodriguez’s sister, said she has “high hopes that this bill will be passed and it will help so many military service members and their families.”

The family said if the legislation is passed, the family would sue.

Dean and Mirabella Ferrera, Carmelo Rodriguez’s aunt and uncle who raised him, said the military personnel deserve to be taken care of with this legislation.


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