Ortiz Ex Rel. I.O. v. United States

TYMKOVICH, Circuit Judge.

This case requires us to consider whether the federal government is immune from damages for injuries its agents caused to an active-duty servicewoman’s baby during childbirth. Our resolution of the issues is controlled by the Supreme Court’s decision in Feres v. United States, which found that military service members were barred from bringing claims against the government under the Federal Tort Claims Act (FTCA) for injuries incident to their military service. In the many decades since its inception, criticism of the so-called Feres doctrine has become endemic. That…