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Claims Against Federal Government

Military personnel and their families deserve the same level of medical treatment as their civilian counterparts. While it is more difficult to file medical malpractice claims against the military, it is still possible to obtain compensation for your injuries.

In order to present a proper claim under the FTCA, you must first submit a claim in writing to the appropriate Federal agency.  There are specific rules and time lines which must be followed and this area of law is quite complex.  Once an appropriate claim has been filed, you must then wait a minimum of six (6) months to allow the United States to investigate the matter.  After six months have passed, you have the right to file suit in the appropriate United States Federal District Court.

Please contact Mr. Litka or Mr. Culp if you would like to discuss the possibility of a claim under the FTCA.

 
High Profile Cases




HADITHA
LCpl Justin Sharratt was one of four Marines charged with murder on December 21, 2006 in connection with the killing of 24 Iraqi men, women and children in Haditha, Iraq. It was the U.S. military's deadliest criminal case to emerge from the Iraq war. LCpl Sharratt faced a life sentence if convicted.

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ISKANDARIYAH
On July 1, 2007 Army Sergeant Evan Vela, a Ranger qualified sniper with the 1st Battalion, 501st Parachute Infantry Regiment, was charged with the premeditated murder of an Iraqi who had compromised his team's hide position in the Triangle of Death. Sergeant Vela faced a life sentence if convicted.

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RAMADI
On June 25, 2006 the Army charged Specialist Nathan Lynn of the 1st Battalion, 109th Infantry Regiment with the wrongful killing of an Iraqi who was shot to death while moving tactically on SPC Lynn's position. SPC Lynn was also charged with conspiracy for his alleged role in planting an AK-47 at the scene.

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CHARLES JENKINS
In the early morning hours of January 5, 1965, Sergeant Charles Robert Jenkins deserted his U.S. Army unit in South Korea and walked across the DMZ to North Korea where he remained until 2004. When he escaped North Korea in the summer of 2004, he was charged with desertion and aiding the enemy and faced a possible life sentence.

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MAHMUDIYAH
The Al-Mahmudiyah killings occurred on March 12, 2006 in a house located south of Baghdad, Iraq in which four United States soldiers with the 101st Airborne Division raped and murdered a 14 year-old Iraqi girl after murdering her mother, father and 5 year old sister. All four Soldiers faced the possibility of the death sentence.

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TIKRIT
PFC Corey R. Clagett and three other Soldiers of the 101st Airborne Division were charged with the alleged execution of three male detainees on May 9, 2006. PFC Clagett plead guilty to the charges to avoid a life sentence without being told that two of the other Soldiers had taken full responsibility for all three killings.

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JALALABAD
On March 4, 2007, a convoy of Special Operations Marines was attacked outside of Jalalabad, Afghanistan. They responded in self defense. After the Afghanistan Independent Human Rights Commission issued a report stating that 12 civilians were killed and 35 wounded, the NCIS initiated an investigation

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