Wednesday, December 29, 2010

Lance Cpl. Ezequiel Freire got out of Afghanistan alive but died of overdose at Portsmouth Naval

A 20 year old Marine faces combat, survives, returns home with PTSD and cancer, then dies of an overdose while in the hospital. There is not much this story lacks. Feres Doctrine will keep the family from filling a malpractice suit. There won't really be accountability for the fact he was in the hospital when this happened. Cancer in a 20 year old Marine and the fact that there are toxic exposures reported for years leading to cancer including the burn pits. Contaminated water and soil add to this. Their stories have been told but more are hidden. Their families suffer without justice, without answers but above all, without change for the sake of those who come after their loved one. They have prepared for the fact a bullet or bomb could end their lives but who can prepare for the government to finish what the enemy could not do?

Family angered by Marine's overdose death at naval hospital

By Bill Sizemore
The Virginian-Pilot
© December 29, 2010
PORTSMOUTH

Lance Cpl. Ezequiel Freire got out of Afghanistan alive, but a stateside hospital stay proved fatal.

The 20-year-old Marine's death from a prescription drug overdose at Portsmouth Naval Medical Center has left his family reeling, outraged and frustrated by what they see as an absence of accountability for those charged with his care.

Freire died of a toxic cocktail of powerful narcotics and sedatives as he was awaiting chemotherapy treatment for cancer. The case underscores the dangers inherent in the many potent painkillers on the market today, which have helped drive an alarming rise in overdoses.

Overdose deaths from prescription drugs now exceed those from illegal drugs.

The Freire case also leaves unanswered the question of what, if any, consequences there were for the doctors involved in his care.

There were ample warnings available on the drug labels and in the medical literature about the risks of the multidrug therapy that was used in Freire's case.

But there is no record of any public disciplinary action against any of the doctors by the Virginia Board of Medicine.

A hospital official said the case has prompted several ongoing investigations that have resulted in corrective actions.

The final insult, in the eyes of Freire's family members, is that they have no legal recourse against his caregivers. That's because of a 60-year-old legal precedent known as the Feres Doctrine, which prohibits lawsuits when military service members are injured or killed by negligence.

"We trusted them, and they killed him," said Federico Freire, the dead man's older brother and a fellow Marine. "It just sickens me."

The Freire family moved to Bradenton, Fla., from their native Argentina when Federico was 10 and Ezequiel was 4.

Back at Camp Lejeune, N.C., he was diagnosed with post-traumatic stress disorder.

There was something else wrong, too. Increasingly, he was troubled by chest pains.

His sister had noticed it over Christmas. When she joked with him, he'd say "Julie, stop making me laugh. My heart hurts."

X-rays at the base clinic revealed a large mass in his chest. He was taken by ambulance to the Portsmouth naval hospital, where a biopsy led doctors to suspect Hodgkin's lymphoma, a type of cancer.
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Family angered by Marine's overdose death at naval hospital

4 comments:

  1. My son Michael Fremer was killed at Fort Polk, La on 2/13/08 because of Army Negligence at the conclusion of a training exercise. The Army can not be held accountable because of the Feres Doctrine. This law needs to be changed. Why is the Army exempt from being held accountable for Negligence? Our young men and woman are risking their lives. This is how our country treats the soldiers and the families?

    The Military uses the Feres Doctrine to cover up and protect themselves against Medical Malpractice in the Cases involving Dean Witt and Carmel Rodriguez. It also protects the Military in cases involving Marines being exposed to Toxic chemicals on US Bases on US soil. The Military is exempt from being held accountable on all of these matters. The Feres Doctrine needs to be overturned so the Military is held accountable.

    Thanks,
    Ed Fremer

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  2. I am greatly sorry for your loss. There are many cases where the VA was at fault but the families left behind could not find justice for medical failures. It is clearly wrong but unless Congress will take this seriously, families will keep suffering because no one is held accountable.

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  3. Be aware that it also protects the US military from legal malpractice.

    While I was on active duty with the US Army, I was threatened by a US Army lawyer named Captain Matthew Fitzgerald to do something which was contrary to the US Army legal regulations (which I did not know at the time but he did). Fitzgerald’s motive was to tout this as his first accomplishment on his annual performance report of which I later got a copy. This threat resulted in my losing over $50,000 of my personal funds. After then doing my own investigation and trying to recoup my money, I discovered the expression, “A fish rots from the head down” definitely applies to US Army lawyers.

    When I asked the top lawyer (now Lieutenant General Dana Chipman) for assistance, the first thing they did was appoint Fitzgerald’s previous boss and a very obvious friend to “investigate.” Since there was no wrongdoing found as a result of this faux investigation but specifics were protected by the Privacy Act , I filed the same complaint with Fitzgerald’s Oregon State Bar which is NOT PROTECTED under privacy laws. Evidence showed that Fitzgerald lied no less than 10 times to his Oregon State Bar.

    It was all thrown out of federal court due to Feres although I had a slam-dunk case with all evidence in my favor. Just to add insult to my financial injury, Fitzgerald got promoted to Major.

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  4. Everyone can see his website at saveourmarines.com or saveourmilitary.com We are avidly working to overthrow the Feres Doctrine. God Bless, Kalyn Freire

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