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Re: Coale v. United States Navy, et al.
Military Medical Malpractice * Gross/Criminal Negligence
(Reproduced Original/Single Spaced)
Filed: April 22, 2005
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
NORFOLK DIVISION
LISA MICHELE COALE, Individually, as
Personal Representative of the Estate of: Civil No.
CHRISTOPHER TODD MILWOOD,
Deceased, And as Guardian and Conservator:
Of CARSON THOMAS COALE, infant;
And Individually, On Behalf Of Other:
Similarly situated,
Plaintiff, ADVISORY: JURY TRIAL DEMANDED
Vs.
THE ATTORNEY GENERAL OF THE UNITED STATES
ATTORNEY GENERAL ALBERTO GONZALES
Officially and Individually
And
THE UNITED STATES ATTORNEY
Paul J. McNulty /Eastern District of Virginia
Officially and Individually,
And
THE SECRETARY OF THE NAVY
THE HONORABLE GORDON R. ENGLAND
Officially and Individually,
And
GEORGE W. BUSH,
President of the United States
Officially and Individually,
And
RICHARD CHENEY
VICE PRESIDENT of the United States
Officially and Individually,
And
DONALD H. RUMSFELD,
Secretary of Defense (DOD)
Officially and Individually,
And
JOHN ASHCROFT,
FORMER ATTORNEY GENERAL of the United States, (DOJ)
Officially and Individually,
And
THE DEPARTMENT OF JUSTICE
And
THE UNITED STATES OF AMERICA;
And
THE DEPARTMENT OF THE NAVY, (DON)
And
THE DEPARTMENT OF DEFENSE, (DOD)
And
COMMANDER JOHN D. LITTLE
FORMER COMMANDING OFFICER, USS THORN:
(DD-988);
Officially and Individually,
And
CHIEF DOUGLAS A. MULLEN:
HMC/SW USN
COREMAN (sic) USS THORN
US NAVY
Officially and Individually,
And
PORTSMOUTH NAVAL HOSPITAL;
PORTSMOUTH, VA.
And
REAR ADMIRAL CLINTON E. ADAMS;
FORMER COMMANDER OF PORTSMOUTH
NAVAL HOSPITAL:
Officially and Individually,
And
VICE ADMIRAL DONALD C. ARTHUR;
UNITED STATES NAVY SURGEON
GENERAL, Bureau of Medicine and Surgery
Officially and Individually,
And
ERIC MICHAEL SERGIENKO, MD
DEPARTMENT OF EMERGENCY MEDICINE
FORMER INTERN/RESIDENT
PORTSMOUTH NAVAL HOSPITAL
Officially and Individually,
And
CHRISTOPHER JOHN MAPLES, MD
DEPARTMENT OF EMERGENCY MEDICINE
FORMER INTERN/RESIDENT
PORTSMOUTH NAVAL HOSPITAL
Officially and Individually,
And
KURT FREDERICK STROSAHL, MD
DEPARTMENT OF EMERGENCY MEDICINE
PORTSMOUTH NAVAL HOSPITAL &
CHESAPEAKE BAY CARDIOLOGY
Officially and Individually,
And
THOMAS NICHOLAS BOTTONI, MD
DEPARTMENT OF EMERGENCY MEDICINE
PORTSMOUTH NAVAL HOSPITAL
Officially and Individually,
And
MICHAEL KASELIS, MD
NAVAL BASE NORFOLK
Officially and Individually,
And
VICE ADMIRAL MICHAEL L. COWAN;
FORMER UNITED STATES NAVY SURGEON
GENERAL
Officially and Individually,
And
REAR ADMIRAL KATHLEEN L. MARTIN
DEPUTY SURGEON GENERAL
DEPUTY CHIEF BUREAU OF MEDICINE AND SURGERY
Officially and Individually,
And
MASTER CHIEF JACQUELINE DI ROSI
DIRECTOR, MEDICAL DEPARTMENT
ENLISTED PERSONNEL
Officially and Individually,
And
COMMANDING OFFICER,
NAVAL LEGAL SERVICES
OFFICE MID-ATLANTIC;
Officially and Individually,
And
Other Unnamed past, present officials,
Representatives, agents, private consultants,
contractors, doctors and other medical professionals
Associated with the UNITED STATES NAVY,
THE UNITED STATES OF AMERICA
And Armed Forces Personnel,
In their Official and
Individual Capacities;
DEFENDANTS.
COMPLAINT
Plaintiff commenced this civil action on April 22, 2005, by filing of Complaint with
this Honorable Court.
NOW COMES Plaintiff pro se, Lisa Michele Coale, (hereinafter "Ms. Coale") Personal Representative of the Estate of Christopher Todd Milwood, deceased and Guardian and Conservator of Carson Thomas Coale, (infant) with her causes of action against all named and unnamed Defendants which states the following:
JURISDICTIONAL ALLEGATIONS
1. This suit is brought pursuant to The United States Constitution, Federal Tort Claims Act (FTCA), 28 U.S.C. S 2671, et seq., and 42 U.S.C. SS 1983, 1985, 1986. This Court has exclusive jurisdiction over Ms. Coales claims under the First, Fifth and Ninth Amendments of The United States Constitution; the FTCA pursuant to 28 U.S.C. S 1346(b) and Donna Truman v. United States, 26 F.3d592 (5th Cir1994).# This Court has jurisdiction over Plaintiffs remaining claims pursuant to 28 U.S.C. S 1331 and 28 U.S.C. S 1343.
a. Jurisdiction is based upon: 28 U.S.C. 1331, in that it is a civil action arising under the laws of the United States, and the First, Fifth, Seventh, Ninth, Tenth, Amendments to the Constitution of the United States, (federal question);
b. 28 U.S.C. § 1346, United States as a Defendant;
c. 28 U.S.C. § 1361, An action to compel an officer of the United States to perform his duty;
d. 28 U.S.C. § 1366, Construction of reference to laws of the United States or Acts of Congress;
e. 28 U.S.C. § 1357, Injuries under Federal law;
f. 28 U.S.C. § 1365, Senate actions;
g. 28 U.S.C. § 1349, Corporation organized under federal law as party;
h. 32 U.S.C. § 102(3), Federally recognized agencies as all Defendants, named and unnamed are all employees, former employees, agents or consultants of the United States Federal Government.
i. 28 U.S.C. § 1343 (a)(2)(3), Civil rights and elective franchise and 42 U.S.C. §§ 1983, 1985 and 1986, Public Health and Welfare Act in conspiracy and or failure to act and prevent criminal violations of civil rights;
j. 28 U.S.C. § 1332(a)(1), in that there is complete diversity of citizenship and the amount in controversy exceeds the sum of $75,000.00, exclusive of interest and costs;
2. The following jurisdictional and venue claims merit this Complaint to be afforded judicial review on behalf of Plaintiff and other similarly situated Americans who lost loved ones in similar situations.
3. Ms. Coale, is a resident of the State of Virginia, City of Portsmouth, and is the duly appointed Personal Representative of the Estate of Christopher Todd Milwood, deceased and Guardian and Conservator of Carson Thomas Coale, infant.
4. The individually named and unnamed Defendants are employees, officers and/or agents of the United States of America and/or the Department of the Navy and are being sued both in their individual and official capacities and thus Venue in the Eastern District of Virginia is proper due to the special factors involved in this "unprecedented" federal lawsuit. Plaintiff reasonably believes Venue is proper in this Court pursuant to 18 U.S.C. Section 1965 (a) because Defendants reside, are found, operate under color of authority or office, have agents, or connected with or related to the aforesaid and transact affairs in this district. Venue is also proper in this Court pursuant to 18 U.S.C. Section 1965 (b) because, to the extent any Defendant may reside outside this district, the ends of justice require such Defendant(s) to be brought before the Court. Venue properly lies in this Court pursuant to 28 U.S.C. Section 1391 (b) (2) or, alternatively, pursuant to 28 U.S.C. Section 1391 (a) Further, certain of the conspiratorial acts alleged herein took place and continue to take place within this judicial district. Any and all Defendants, named and unnamed who are employed with, were employed with, contracted with and connected to Defendant USA and The DOD can be compelled through order and/or subpoena power of this federal court to be subjected to discovery or otherwise appear before the court under federal law, executive order, or the Code of Federal Regulations or other process to establish venue in this Honorable Court.
5. Plaintiff hereby asserts Defendants, officially and individually are exclusively liable to answer the Counts in this Complaint under the United States Constitution for "failing to act and prevent" Christopher Milwoods untimely death.
6. The gross/criminal negligent acts and omissions leading to and after Ms. Coales fiancé, Christopher Milwoods wrongful death giving rise to this cause of action occurred in the State of Virginia, City of Norfolk, VA.
7. On May 10, 2004, Ms. Coale submitted a FTCA claim based upon the allegations as set forth in this Complaint. Defendant, Department of the Navy acknowledged receipt of the claim on May 17, 2004.
8. On October 22, 2004, Defendant, Department of the Navy, rejected Ms. Coales FTCA claim. Ms. Coale now timely files this Complaint under the six (6) month statutory requirement as set forth under the provisions of 28 U.S.C. S 2401(b).
9. The amount in controversy, exclusive of interests, costs, exceeds the sum of Seventy-Five Thousand ($75,000.00) Dollars.
10. Defendant, the United States of America (hereinafter "Defendant USA#[16]"), is an international sovereign nation, empowered, limited and controlled subject to its United States Constitution, is the USA as set forth by its territorial boundaries description which the Court is requested under Federal Rules of Evidence ("F.R.E."), Rule 201, to take judicial notice of said territorial description and boundaries commonly referred to as the USA, herein as defined and set forth under the United States Constitution. Defendant George W. Bush, under color of authority and office is responsible as President and Commander-in-Chief of the United States of America and Armed Forces respectively, officially and individually, under the United States Constitution, and continues to be in control of Defendant USA and all other named and unnamed Defendants, officially and individually. At all times relevant to the claims herein, all Defendants present and past have been federal employees of the USA or national security consultants. George W. Bush is an individual who is also a citizen of the United States who acted with executive power as the President of the United States of America under Article II of the Constitution. Defendant GWB receives for his compensation for services payments from the United States Treasury to conduct his official acts in a faithful manner and solemnly swore he will faithfully execute the Office of President of the United States and will do the best of his ability, to preserve, protect and defend the United States Constitution. Defendant Bush failed to protect Plaintiff's fiancé from the very hands of our own untrained medical personnel that seems to be " treating" (or in this case clearly NOT treating) much of our military. Ultimately, it is our Commander in Chief who is a responsible party for all acts and omissions of all subordinate Defendants under the provisions of the "National Security Act of 1947".
11. Plaintiff brings this action on behalf of herself, the Estate of Christopher Milwood; son Carson Thomas Coale and son Dylan Hugh Coale, and all wrongful death beneficiaries who believe they too have experienced wrongful deaths of a loved one and are being denied redress; this is clearly unconstitutional. Plaintiff has a legal duty to counter fraud and any other illegal activities affecting her personal, financial interest, welfare, safety or security as a citizen of the Defendant USA and the State of Virginia, and on behalf of others similarly situated, by petitioning the federal judiciary for redress of grievances as provided for under Article(s) 4, Section 2 and 3 and as thereafter amended Article I, IV, V, IX, X or XIV of the United States Constitution to compel answers by Defendants as to how and why her Fiancé and many others of others needlessly died due to blatant malpractice and complete negligence on behalf of the named and unnamed defendants.
GENERAL ALLEGATIONS AND SUMMARY OF FACTS
12. That on January 20, 2001, Defendant George Walker Bush was sworn in as President of the United States of America and assumed the duties as Commander-in-Chief of the United States Armed Forces.
13. On May 20, 2002, Ms. Coale's fiancé Christopher Milwood while serving on Active duty in the United States Navy, however, in an "off-duty" status, Collapsed while exercising and died. According to Defendant Navy medical personnel Christophers death arose from an Aortic Dissection with Rupture. (See Exhibit "A" - Defendant, Commanding Officer,
USS Thorn (DD-988), Report of Casualty dated May 20, 2002).
14. Ms. Coale affirmatively asserts and her assertions are supported by Defendant United States Navy, Mishap Investigation Report "the Navy Failed failure to provide yearly blood pressure checks and his requests were continually ignored by his command" their negligence is a direct and proximate cause of Christophers sudden and untimely death. (See Exhibit "B" - Unclassified message "//N05100//from Command, Destroyer Squadron Eighteen).
15. Ms. Coale affirmatively asserts that Mr. Milwood was a 29-year-old male who had a coartation of the aorta when he was 13 years old. This was repaired successfully as a child and according to 4 civilian MD's he saw prior to enlistment; he "was in good health; " had no reoccurring heart or other health related problems and was fit to become part of our nations military and should lead a normal, long life."
16. Upon joining the military Christopher Milwood regularly sought and requested follow-up treatment. In the last year of his life (2002), Christopher Milwood repeatedly sought help from the base doctors, ships Independent Duty Corpsman (IDC) and made several trips to the Emergency Room at Portsmouth Naval Hospital for chest pain; extreme headaches, severe and re-occurring heartburn, excessive fatigue, sleep problems, shortness of breath, dizziness, back pain, fluid retention and rapid weight gain, swelling in hands and feet and extremely high blood pressure, as well as other symptoms. After many months of requests the IDC Douglas Mullen; did nothing other than "monitor" his blood pressure; (which was in stage three hypertension) and yet he still failed to treat Christopher Milwood. Several months later Christopher Milwood finally got in to see Dr. Strosahl; at Portsmouth Naval Hospital, but once there Christopher Milwood was denied further medical testing nor was Christopher Milwood given any medication for lowering his blood pressure or treatment of any of the aforementioned symptoms, and was told "we'll just keep an eye on it for a while". In addition, Christopher Milwood requested and was denied any of the diagnostic tests; i.e., an echocardiogram; systolic blood pressure readings; dye tests to measure the hearts ability to function properly. Any and or all of these tests that would have clearly shown if his prior condition was reoccurring or if there were any other heart related problems.
17. The Plaintiff asserts that Christopher Milwoods latest symptom and ultimately the most severe, presented itself eight days before his death. On May 12, 2002, He began expelling large quantities of blood. (Over one cup) Christopher Milwood rushed to the EMERGENCY ROOM at Portsmouth Naval Hospital and was seen by intern/resident/reservist Christopher Maples. Mr. Maples and his attending Thomas Bottoni diagnosed him with "bronchitis" and sent him home with orders to return to normal duty including PT (physical training). Christopher Milwood again requested the above-mentioned diagnostics be done. He was denied these requests again and was told, " He was 29 years old, in good shape, and was fine" and was recommended for full duty including PT." It was one week later during these PT runs (2 + miles) that he fell to the ground and died. The Command of the USS THORN forced him to run every day that week despite feeling ill and still expelling some blood.
18. The Plaintiff asserts that the above-mentioned symptoms were misdiagnosed and were left untreated ultimately causing a ruptured aortic dissection and which lead to Christopher Milwoods wrongful death.
19. The Plaintiff asserts that the autopsy report reveals that he was going into heart failure when he presented his symptoms (the expelling of large quantities of blood) a week prior to his death to Portsmouth Naval Hospital.
COUNT I - GROSS/CRIMINAL MEDICAL MALPRACTICE
20. Plaintiff incorporates all previous paragraphs as if fully set forth herein, word for word, paragraph for paragraph.
21. The Defendant, United States of America, operates a United States Navy ship located in Norfolk, Virginia, (hereinafter "USS Thorn"), and Portsmouth Naval Hospital located in Portsmouth, Virginia, two primary Defendants responsible for the untimely death of Christopher Milwood arising from gross/criminal medical malpractice.
Defendants, Commanding Officer USS Thorn, Captain Little, and Chief (Corpsman) Douglas Mullen, are employees, officers and/or agents of the United States of America and had occasion to come into contact and act as his medical "doctor" while Christopher Milwood was on duty on board the USS Thorn.
22. Defendants, Dr. Strosahl, Eric Michael Sergienko, Christopher Maples, Nicholas Bottoni, Michael Kaselis MD, were under a duty to act as reasonably prudent individuals and exercise due care and caution during their contact with Christopher Milwood and treat his medical symptoms with the care and diligence he would have received were he seen is a civilian hospital facility.
23. Defendants, along with any other employees, officers and/or agents of the United States of America, were under a duty to act as reasonably prudent individuals and exercise due care And caution during their time spent as Christopher Milwoods physicians.
24. Defendants duties to Christopher Milwood in this regard include, but are not limited to, a duty to conduct his training and otherwise treat him in accordance with Navy standard operating procedure with the competent and professional medical care to ensure his safety and well-being, for the good Christophers life, family, Navy and the Country. Defendants grossly and criminally failed in this duty to prevent the untimely death of Christopher Milwood.
25. Defendants, as well as any other employees, officers and/or agents of the United States who may be later identified through the course of discovery, breached said duties of competent medical care resulting in the direct and proximate cause of Christopher Milwoods death as follows:
(a) Failure to ensure yearly blood pressure checks were accomplished and monitored.
(b) Failing to have appropriate medical staff during exercise.
(c) Failure to use appropriate medical testing to treat and diagnose.
(d) Failure to train medical care professionals properly and competently.
(e) Failure to commensally treat, diagnose and request follow up care.
(f) Failure to treat high blood pressure.
(g) Failure to treat chest pain.
(h) Failure to treat extreme headaches.
(i) Failure to treat severe and re-occurring heartburn.
(j) Failure to treat excessive fatigue and sleep problems.
(k) Failure to limit physical training and exercise when ill.
(l) Failure to treat shortness of breath.
(m) Failure to treat dizziness.
(n) Failure to treat severe back pain.
(o) Failure to treat fluid retention and rapid weight gain.
(p) Failure to treat swelling in hands and feet.
(q) Failure to consider past medical history during treatment.
(r) Failure to train ALL military members in basic first aid and CPR.
27. The Defendant United States of America, operates a health care facility known as Portsmouth Naval Hospital, (hereinafter "PNH"), located in Portsmouth, Virginia. Defendant PNH, in operating the hospital, holds itself out as using that degree of care, skill, diligence and attention used by hospitals generally in the care and treatment of patients. The hospital operated by Defendant United States employs, among others, doctors, nurses, interns, residents, student nurses, nurses aides and other hospital personnel over which it exercises exclusive control and supervision, with the right to employ and discharge such employees. Plaintiff raises this fact due to her affirmative assertion the 1950 judicially-created Feres doctrine, Feres v. United States, 340, U.S. (1950), (hereinafter "Feres doctrine"), and its absolute bar with respect to gross/criminal negligent acts sounding in medical malpractice and lack of proper supervision and training of Defendant employees, is a direct and proximate cause of Christopher Milwoods untimely death. Hence, Plaintiff challenges the Feres doctrine as unconstitutional and providing Defendant Naval Legal Services Mid-Atlantic an unconstitutional legal avenue to dismiss Christopher Milwoods death and grave hardship to her and her family, as if Christopher Milwood never lived. Moreover, Ms. Coale affirmatively asserts the Feres doctrine afforded Defendants United States of America and Department of the Navy, the ability to destroy and manipulate evidence to cover up Christopher Milwoods untimely and unnecessary death.
During the course of Christopher Milwoods treatment at Defendant PNH, he received medical treatment by a number of health care providers acting in their capacity as employees, officers and/or agents of the United States of America.
28. Defendants, along with any other employees, officers and/or agents of the United States of America, were under a duty to act as reasonably prudent individuals and exercise due care and caution and were under a duty to render proper medical care and treatment to Christopher Milwood within the applicable standard of care.
29. Defendants, as well as any other employees, offers and/or agents of the United States of America who may be identified through the course of discovery, breached said duties by the following, each of which was required by the applicable standard of care:
a. Failure to ensure yearly blood pressure checks was accomplished and properly checking.
b. Failing to have appropriate medical staff during exercise.
c. Failure to use appropriate medical testing to treat and diagnose.
d. Failure to train medical care professionals properly and competently.
e. Failure to competently treat, diagnose and request follow up care.
f. Failure to treat high blood pressure.
g. Failure to treat chest pain.
h. Failure to treat extreme headaches.
i. Failure to treat severe and re-occurring heartburn.
j. Failure to treat excessive fatigue and sleep problems.
k. Failure to limit physical training and exercise when ill.
l. Failure to treat shortness of breath.
m. Failure to treat dizziness.
n. Failure to treat severe back pain.
o. Failure to treat fluid retention and rapid weight gain.
p. Failure to treat swelling in hands and feet.
q. Failure to consider past medical history during treatment.
r. Failure to train ALL military members in basic first aid and CPR.
30. As a direct and proximate result of the gross/criminal negligent acts and omissions of Defendants, employees, officers and/or agents of the United States of America, Christopher Milwood suffered an untimely death on May 20, 2002. Had Christopher Milwood been treated in accordance with the above-described duties, it WAS more than likely that his life would have been saved.
31. Additionally, Chief Mullen admitted in front of Captain John Little on the day that Christopher Milwood died that HE must have "missed something" in his treatment of Mr. Milwood and that he was "starting to get a conscious as every command he was in charge of (medically) someone died." To which Plaintiff Coale asserts she asked him " Mr. Mullen exactly how many people have to die before you start to get a conscience??" The very fact that he said this to a grieving family is Both outrageous and completely insensitive. #
As a direct and proximate cause result of Christopher Milwoods untimely death, Ms. Coale and her young children have been irreversibly damaged and is seeking just compensation under the FTCA for which, was not provided under Christopher Milwoods privately funded military life insurance policy due to Defendants United States Navy refusal to administratively remedy this case, allowable under applicable law, including, but not limited to: loss of Carsons father for the rest of his life, loss of love, care, affection, loss of income, loss of companionship and services of next of kin and heirs at law, the cost of illness, funeral and burial expenses, lost wages, lost services, lost financial support, as well as for the conscious pain and suffering arising from Christopher Milwoods untimely death.
WHEREFORE, Ms. Coale prays for entry of Judgment in her favor against Defendants in excess of Seventy-Five Thousand ($75,000.00) Dollars in damages as compensation for the injuries and damages so wrongfully sustained, along with interest, costs and legal fees wherein applicable. Moreover, Plaintiff requests this Honorable Court declare the Feres doctrine unconstitutional and in direct violation of her First Amendment Right to petition the government for redress of her fiancés wrongful death.
COUNT II - VIOLATION OF 42 U.S.C. SS 1983, 1985, 1986
33. Plaintiff incorporates all previous paragraphs as if fully set forth herein, word for word, paragraph for paragraph.
34. Each of the gross/criminal negligent acts leading to and after the untimely death of Christopher Milwood were done under the color of law and under the authority of the individual Defendants committing the wrongful acts as employees, officers and/or agents of the United States of America.
35. As a direct and proximate result of the deprivations of constitutional rights, both those of Christopher Milwood and Ms. Coale solely based upon the Feres doctrines grant of sovereign immunity, it bar upon redress of medical malpractice arising incident to service wherein Ms. Coale challenges as unconstitutional, her fiancé Christopher Milwood and the father of her infant son, Carson, continues to suffer from the untimely death of their spouse and father, respectively.
36. Upon the discovery process, it will be proven that only due to the Feres doctrine, Christopher Milwood medical care prior to his death was substandard providing a basis for a claim of medical malpractice, and criminal thereafter, arising from the wrongful acts and omissions of Defendants who attempted to cover up Christopher Milwoods untimely and unnecessary death. Moreover, Defendants in an official position to act and prevent, or hold accountable Defendants directly responsible for the death of Christopher Milwood, did nothing due to the Feres doctrine. Thus, on behalf of other military dependants, past and present, Ms. Coale brings this lawsuit in good faith on their behalf to stop the senseless injuries and deaths directly contributed to a lack of accountability and checks and balances under the Feres doctrine.
37. Ms. Coale affirmative asserts, all wrongful acts or omissions as set forth above having no bearing on any rational provided under the Feres doctrine to bar this claim from proceeding to trial in this matter to prove, notwithstanding Defendants gross/criminal negligence, the Feres doctrine killed her fiancé.
38. As a direct and proximate cause result of Christopher Milwoods untimely death, Ms. Coale and her young children have been damaged and is seeking just compensation under the FTCA for which, was not provided under Christopher Milwoods privately funded military life insurance policy due to Defendants United States Navy refusal to administratively remedy this case, allowable under applicable law, including, but not limited to: loss of love, care, Loss of father for Carson Coale, Loss of spouse for Plaintiff Coale, affection, companionship and services of next of kin and heirs at law, the cost of illness, funeral and burial expenses, lost wages, lost services, lost financial support, as well as for the conscious pain and suffering arising from Christopher Milwoods untimely death.
WHEREFORE, Ms. Coale prays for entry of Judgment in her favor against Defendants in excess of Seventy-Five Thousand ($75,000.00) Dollars in damages as compensation for the injuries and damages so wrongfully sustained, along with interest, costs and legal fees wherein applicable. Moreover, Plaintiff requests this Honorable Court declare the Feres doctrine unconstitutional and in direct violation of her First Amendment Right to petition the government for redress of her fiancés wrongful death.
COUNT III - INTENTIONAL INFLICTION OF EMOTION DISTRESS
39. Plaintiff incorporates all previous paragraphs as if fully set forth herein, word for word, paragraph for paragraph.
40. Plaintiff affirmatively asserts, all Defendants and their gross/criminal negligent acts resulting in the untimely and wrongful death of her fiancé Christopher Milwood and the cover up to silence his death due to the Feres doctrines judicial bar Ms. Coale must overcome in this case; is actionable under the case of Donna Truman v. United States, 26 F.3d592 (5th Cir1994.)
WHEREFORE, Ms. Coale prays for entry of Judgment in her favor against Defendants in excess of Seventy-Five Thousand ($75,000.00) Dollars in damages as compensation for the injuries and damages so wrongfully sustained, along with interest, costs and legal fees wherein applicable. Ms. Coale requests in addition to this Honorable Court declare the Feres doctrine unconstitutional and in direct violation of her First Amendment Right to petition the government for redress of her fiancés wrongful death, she requests appropriate financial relief to remedy the intentional infliction of emotional distress Defendants have cause from the taking of her fiancé due to gross/criminal acts and omissions, in addition to the emotional distress arising from their attempts to cover up Christopher Milwoods untimely and wrongful death.
REQUESTED RELIEF
WHEREFORE, Plaintiff, LISA MICHELE COALE and for Carson Thomas Coale infant; Individually, and as Personal Representative of the Estate of CHRISTOPHER TODD MILWOOD, prays this Honorable Court will grant judgment against Defendants as hereinafter set forth:
a. For general damages in an amount according to proof at trial;
b. For economic damages according to proof at trial;
c. For property damage and loss of use of property according to proof at trial;
d. For funeral, burial, transportation, and related expenses according to proof;
e. For damages for the Estate of Christopher Todd Milwood for survival damages;
f. For punitive damage and all treble damages based on compensatory damages as allowed by law according to proof;
g. For prejudgment interest as allowed by law;
h. For all compensatory damages for pain and suffering, etc;
i. For all costs of suit, including attorney fees, investigators and other related fees and costs pursuant to 42 U.S.C. § 1988 or/and the Private Attorney General Act according to proof incurred herein;
j. For all special damages in the amount of $4.3 million as specified in the Filing of the Federal Torts Claim Act form 95; according to proof;
k. For such other and further extraordinary declaratory and injunctive relief as this Honorable Court may deem just and proper on behalf of Plaintiff and others similarly situated and to preserve the United States Constitution and national security of the United States of America .
CONCLUSION
Plaintiff Coale asserts wherein the facts and circumstances giving rise to this action are continuing daily within our Armed Forces. Plaintiff asserts and concludes, for far too long in our Nation's history federal employees such as the Defendants in this case have lied, betrayed and abused their constitutional oaths and the public's trust for personal gain and because they have been granted Sovereign Immunity due to the Un- Constitutional Feres Doctrine. Defendants must be held accountable for their actions and not hide behind this law for the good of our Nation and our security. In the interests of justice and to preserve our constitutional freedoms and democratic way of life, Defendants must be held to defend this Complaint so the "truth" is presented to all Americans. Plaintiff's Complaint rises above and crosses all political party lines and is a direct call upon the federal courts to uphold the "separations of powers" clause under the United States Constitution. It must be emphasized that no one in the Federal Government has ever been held accountable, civilly, criminally or through military dereliction of duty. Accountability, disclosure of the truth as to how and why such travesties have and continue to occur and the acceptance of responsibility to preserve our constitutional system of government now rests with this Honorable Court. For these historic purposes, no other case, past, present or future will matter if Plaintiff Lisa Michele Coale is not afforded her inalienable constitutional right to be heard and compel the aforementioned Defendants and especially George W. Bush as our Commander In Chief to answer why he failed to act and prevent this young mans (who was in the prime of his life); death. Anything less, will render the United States Constitution and our leaders' ritual vows "to preserve and protect our Constitution against all enemies foreign and domestic" meaningless.
Respectfully Submitted;
Lisa Michele Coale
PORTSMOUTH, VA 23707
Dated: April 19, 2005
FOOTNOTES:
# Donna Truman v. United States, 26 F.3d592 (5th Cir1994).
# Corpsman are enlisted personnel with NO medical training. This is why the Feres doctrine is so shocking wherein they are making medical diagnoses in sum. They are treating and prescribing; This is gross criminal negligence and in the civilian world practicing medicine without a license is punishable to the highest extent of the law.
DEMAND FOR JURY TRIAL
The Plaintiff, Lisa Michele Coale, Personal Representative of the Estate of Christopher Todd Milwood, deceased, Guardian and Conservator of Carson Thomas Coale, infant and Individually, on behalf of other similarly situated Surviving American Military Dependants, hereby demands a trial by jury in the above cause of action.
Respectfully Submitted;
Lisa Michele Coale
Dated: April 19, 2005 |
