As one who served in the U.S. Marine Corps, I am very familiar with the U.S.Supreme Court decision entitled Feres v. United States as should anyone who serves. If a service member is injured due to improper medical care he cannot sue the government. Military Times most recent edition had an excellant article that explains this law and the need for it to be changed. It also provides many examples of the hardship it causes. Essentially, the Supreme Court said several decades ago that since a service member has other benefits such as the VA or military disability Congress didn’t want to give another right. The systems have changed and severely injured malpractice victims need a recovery that helps them receive some quality of life. A good review of each situation might reveal that there is a party not protected by Feres that is responsible. Please contact us if you would like a free copy of the article!
Andy Harp has been asked to serve on the Georgia Bar’s Fee Arbitration Panel. As one of only fourteen board certified trail lawyers in the state at the present time, he will help resolve fee disputes within the Bar’s arbitration system.
The Alabama Bar, with an increasing number of members that practice in Alabama but have offices outside of the state, has recently formed a new section for such members. Andy Harp was asked to help form the section and has been asked to serve on the Executive Council for a two year term.
The law firm of JA Harp law form was recently the DLC hosts for the state chairperson’s legislative committee meeting in Mobile, Alabama. The Firm represented the thirty law firms in the United States that have been designated as competent in handling railroad worker cases.
The Lawyers at JA Harp Law Firm recently recovered more than $4,800,000.00 on behalf of a young man severely injured in a tractor-trailer collision.
Navy aviation mechanic Jimmy German lost his wife when she went to Naval Hospital in Jacksonville, Fla., due to the hospital failing to diagnose his wife’s cerebral hemorrhaging. As a result of the hospital’s error, she suffered a catastrophic stroke and died. Now, the U.S. Government wants the medical error to be erased.
The government lawyers are attempting to have the Mr. German’s case dismissed on the basis that the Feres doctrine should block the suit for negligence against even military dependents. The Feres Doctrine has barred lawsuits by soldiers against the government for injuries caused by military medical providers’ malpractice since a 1950 Supreme Court decision. However, the Feres doctrine has never been expanded to prevent military dependents from recovering against military healthcare providers.
In over sixty years, the government has never said dependent victims should be barred. Until now! In fact, according to the January 30, 2012 Marine Corp Times, “[i]n just the past few years, the government has annually settled several dozen military medical malpractice claims and lawsuits involving family members—a number of them filed by service members, records show.”
As a law firm who has successfully prosecuted actions on behalf of Army, Navy, Marines, and Air Force dependents against military medical providers, we are deeply concerned about this attempt to take away our military family members’ rights, especially for the families of Fort Benning soldiers! We will continue to fight for those rights in any way possible, and will keep our military friends and family updated on the status of the Florida federal court’s decision as soon as the court rules on the government’s motion to dismiss.
The new law firm is The Law Office of JA Harp, LLC. Suite 210, 6001 River Road, Columbus, Georgia 31904. Our new number is 706 322 8004. “I appreciate the loyalty of the nearly 3000 families I have represented over the last thirty years.”
We see on television, ads for lawyers boasting of recoveries.” said JA Harp. “It is important to ask for the names of those results and what attorney was involved.” Mr. Harp has been counsel on cases involving recoveries on cases of record of $7,500,000, $4,000,000, $14,000,000 to name a few. He is a member of ARLA and is one of a select few Board Certified Civil Attorneys in the state of Georgia. He has been listed as a “Super Lawyer”.
In battle involving the capturing of locomotive videos that required motions, valuable evidence was found. “First, they said the locomotive did not have a recording from the camera, and then they could not find the download..finally, it showed up” said lead trial counsel JA Harp.”
OSHA recently approved the settlement of a whistleblower claim based upon a railroad’s actions in response to a railroad worker’s report of an unsafe condition that resulted in an injury