Military Board Clears Pentagon of Malpractice in Soldier’s Death

Summary

The Pentagon was found not liable in a soldier's cancer-related death.

Why this matters

Reform advocates argue for judicial review in military malpractice cases, which could impact military healthcare accountability.

A military appeals board determined the Pentagon bears no responsibility for the death of Spc. Maria Martinez, who passed away from breast cancer in 2021 after a Stage 4 diagnosis in 2019. Martinez’s family, led by her father, Army Lt. Col. Ed Larumbe, filed a medical malpractice claim, asserting her earlier symptoms were neglected. The board, however, ruled in March that military healthcare providers did not have sufficient evidence to warrant a diagnostic MRI before May 2019. According to the appeals board, delays from May to October 2019 did not legally cause harm, concluding an earlier diagnosis would not have altered her treatment or prognosis.

Pennington, a retired oncologist, provided an opposing expert opinion to the family, stating that earlier diagnostics could have detected cancer sooner. The family may now seek legislative changes for judicial review of such cases, similar to the Federal Tort Claims Act. This case highlights the limitations within current military malpractice claims processes, which have evolved since 2020’s legal expansions on service members’ rights to file claims.

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