Robert L. Veillette and Marie P. Veillette v. United States

The parents of Airman 1st Class Richard Veillette appeal from the dismissal of their wrongful death action brought against the United States under the Federal Tort Claims Act, 28 U.S.C. §§ 1346 (b), 2671-2680 (1976 & Supp.1979) for alleged negligence by the doctors and employees at a United States Navy hospital on Guam. The district court held that the action was barred under the rule of Feres v. United States, 340 U.S. 135 , 71 S.Ct. 153 , 95 L.Ed. 152 (1950). Reluctantly, we affirm.

FACTS

Airman Veillette, stationed on active duty at Anderson Air Force Base, Guam, went for a motorcycle ride with a companion while off-duty in the early evening of January 10, 1976. The motorcycle collided with a truck on a road outside the military reservation. Both riders were injured and taken by ambulance to the United States Navy Regional Hospital in Agana, Guam. Airman Veillette died of a ruptured aorta approximately four and one-half hours after his arrival at the hospital.

Veillette’s parents brought a wrongful death action against the United States under the Federal Tort Claims Act, alleging negligence by the hospital staff in the care and treatment of their deceased son. The government…