Anyone know anything about the Federal Medical Recovery Act?
Our deputy rear ended the driver of another vehicle. That driver was taken to the Brooke Army Medical Center (an Federal Army trauma center). After 10 days a nurse forgets to maintain the glucose levels for the diabetic driver. Driver goes into a coma. Driver's family sues us under the Texas Tort Claims Act.
Than the US government (which toasted the driver further)makes a subrogation claim for all the medical care costs provided to comatose driver against the county for lots of $$$$$$.
FEDS claim that the Texas Tort Claims Act limits do not apply to FEDS. FEDS also claim county is liable for the total medical care regardless of the federal nurse toasting the driver. Can the County seek contribution from the FEDS? Are the FEDS capped by the Texas Tort Claims Act? Anyone have any experience with the Federal Medical Recovery Act or have any cases on contribution where there were joint tort feasors (one of which is the feds) under this act?

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My days as a JAG lawyer are too long in the past to be of immediate helpd to you on the subject. Do you have any Army JAG officers in your office or in neighboring offices - the Army use to publish a very fine little handbook on the subject.

It might be available thru the Superintendent of Documents. http://www.gpoaccess.gov/index.html

One peachy source of help and information when fighting a federal bureaucracy is your congressman. Have your DA (or get DA's OK for you to do it) call your congressman and ask his or her staff to send you pamphlets and publications. They love that sort of thing. They can also contact the military hospital thru the military liason officer to ask them pointed questions like where is it written you can do this ... do you have case law to support you ... where in the CFR does it OK this ... are there any policies the military has about recovery from other governmental agencies .... The Congressman will get answers where you are only ignored. However, it will strain the relationship with the bureaucrat as they hate "congressional inquiries", but if you already have no relationship and they are refusing to discuss it with you ....

Good luck

We were sued by an out-of-state hospital after a fugitive from our county was hospitalized in their county (after having the misfortune of being shot by the feds.) Our sister state sued us for the fugitive's medical expenses. We argued, among other things, that the fugitive was either an indigent resident of their county, in which case their hospital district was on the hook, or an indigent resident of our county, in which case it was, again, the hospital district and not the county which was responsible for his medical expenses. If the driver in your case was taken to BAMC as an indigent, maybe you could at least shift some of the responsibility to your hospital district. If nothing else, it brings in one more set of pockets.

In a previous lifetime, I had military paralegals working for me who filed FMCRA claims, primarily against insurance companies. Bottom line: Feds can go against anyone whom they can remotely argue caused the expenditure of funds at federal medical care facility. Little known fact, but most military claims offices are willing to negotiate on the FMCRA claim. With great deference to Mr. Hughes, don't get the Congresspeople involved. It really makes the military guys dig in their heels, and the Cong isn't going to "make it all go away."

If you wish and still have questions--the very first thing would be to notify your insurance carrier---it should be covered---I also have some other info but it is not for public viewing for certain reasons but I would be happy to talk/share with you. You can call 972-825-8035 ask for Lee

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Originally posted by Les:
Anyone know anything about the Federal Medical Recovery Act?
Our deputy rear ended the driver of another vehicle. That driver was taken to the Brooke Army Medical Center (an Federal Army trauma center). After 10 days a nurse forgets to maintain the glucose levels for the diabetic driver. Driver goes into a coma. Driver's family sues us under the Texas Tort Claims Act.
Than the US government (which toasted the driver further)makes a subrogation claim for all the medical care costs provided to comatose driver against the county for lots of $$$$$$.
FEDS claim that the Texas Tort Claims Act limits do not apply to FEDS. FEDS also claim county is liable for the total medical care regardless of the federal nurse toasting the driver. Can the County seek contribution from the FEDS? Are the FEDS capped by the Texas Tort Claims Act? Anyone have any experience with the Federal Medical Recovery Act or have any cases on contribution where there were joint tort feasors (one of which is the feds) under this act?

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Mike Bartley ... true, true. As I said, congressional inquiries are hated. Going to a congressman for pamphlets is great but as I tried to stress, asking for a congressional inquiry to the bureaucrat is only when other forms of communication and negotiation have failed. When ignored, ...