| Tamara, I did review it. Sorry about not replying. What an amazing thing it would be if you were able to make such a change in the law. It regularly works to the disadvantage of folks who ought to have more, rather than fewer, advantages. When are military families going to be recognized as an honored and even protected class in our society? I prefer to hang with the "Davids" rather than the "Goliaths." Cheers, Neal
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566
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On Jan 20, 2011, at 10:08 AM, Tamara Miller wrote: Neil, did you have the chance to read our Feres 4th Circuit brief? Pretty sure I sent it to you but I didn't get a response from you so I'm just checking. We filed our reply brief to the Government's Opposition a few weeks ago if you're interested in seeing that to round out the case.
Peter and I are cautiously optimistic that we put the best possible arguments forward but Feres is a huge stronghold for the government in this area of medical malpractice. This is like David against Goliath. On Jan 14, 2011, at 5:52 PM, Peter Masciola wrote: Hi Neil
Unfortunately this is another example of the FERES doctrine barring any lawsuit for malpractice since her sister was on active duty at the time. I recommend she file an IG and a Congressional to try and at least get some answers and make the Navy investigate. Very tragic indeed. I would be happy to speak with her if you think it appropriate.
Pete
On Jan 14, 2011, at 2:54 PM, Puckett Neal wrote: Pete, Read attached email from former client of mine. Any issue here or any ideas about how to help her? Neal
Neal A. Puckett, Esq LtCol, USMC (Ret) Puckett & Faraj, PC 1800 Diagonal Rd, Suite 210 Alexandria, VA 22314 703.706.9566
The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution.
Begin forwarded message: Date: January 14, 2011 2:48:16 PM EST
Subject: Patricia Ruf - Former Client Fwd: For Neal Puckett...
N, for you. M Begin forwarded message: Date: January 14, 2011 2:13:09 PM EST
Subject: For Neal Puckett...
Good Afternoon Sir! You may or may not remember me, but I retained you for my Board of Inquiry back in 2005. I am not sure if you will be able to help me out in this fiasco that I am dealing with right now. I will do my best to describe to you what is/has occurred within the last two weeks. I know your reputation very well; I have kept up with your more prominent cases, and I do not know if I even have any type of case. I am hoping you can provide some guidance to me as I have found myself getting angrier and angrier at the situation revolving around my sister's death. My sister, Sandra L. Thurman, died last Monday in Jacksonville, FL. She was 41 years old and was within 6 months of her retirement from the Navy. There has been a string of hurdles and roadblocks that I have encountered with her death. The Navy has been very uncooperative with me. Her estranged husband (that is the best term I can find for him right now) has not been able to be reached by the funeral home to discuss what is happening with her body. I will not sugar coat this case. I feel that the Navy has mishandled my sister's case. Let me give you what the doctor has put on her death certificate: streptococcal sepsis necrotizing fasciitis cellulitis The doctor also put on her death certificate no autopsy performed; anemia and alcoholism. Yes, my sister was an alcoholic. I am attaching a document that shows my sister's alcohol-related incidents. My worry at this point is that the Navy did not provide her with the proper treatment after she received her second DUI in November of 2010. I have also attached OPNAVINST 5350.4D NAVY ALCOHOL AND DRUG ABUSE PREVENTION AND CONTROL. I believe after looking at my sister's documents that during this last DUI, the Navy did not send her to Level III, instead they were just going to administratively separate her without giving her an opportunity to seek help. I truly believe that the Navy should have sent her to Level III (she completed Level II in January 2009) and maybe by going through another treatment for her alcoholism that her death could have been prevented. I am so saddened by the fact that in my sister's last bit of cohesiveness last Monday, she had told the Doctors at Baptist Beaches Hospital that her husband, Tim, was not to make any medical decisions on her behalf. Only I, her last surviving relative, could make her decision. It is with great remorse that I had to remove my sister off of life support last Monday night. I would be most appreciative if you can give me a call at your convenience and possibly discuss matters pertaining to my sister's death. There are many more details that I can provide to you in reference to my sister's death. I will be leaving the office for the day, but if you would like to reach me, my cell number is (540) 661-6420. Have a great weekend and I hope to hear back from you! Regards, Trish Ruf Budget Analyst Marine Corps Embassy Security Group 2007 Elliott Road Quantico, VA 22134 patricia.ruf@usmc.milOffice: (703) 784-5199 FAX: (703) 784-5949
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