Feres Doctrine

The Feres doctrine bars active-duty service members from suing the United States for injuries that arise from their military service. Because of it, Navy and other veterans exposed to asbestos in service generally cannot sue the government, but they can bring claims against the companies that made the asbestos products and can apply for VA benefits.

Origin

The doctrine comes from Feres v. United States, decided by the Supreme Court in 1950, which held that the Federal Tort Claims Act does not cover injuries to service members "incident to service." The Court has reaffirmed the rule several times, and it has been criticized, including by some justices.

Significance in Asbestos Context

Many people with mesothelioma were exposed while serving in the Navy, on ships and in shipyards packed with asbestos insulation, gaskets and packing. The Feres doctrine means those veterans cannot sue the Navy or the government for that exposure. It does not protect private manufacturers, so veterans can still bring lawsuits against companies whose products were used aboard ships, and file asbestos trust claims against bankrupt manufacturers. Those defendants may raise other defenses, such as the government contractor defense, arguing they built to Navy specifications. Separately, veterans may qualify for VA disability compensation, and surviving family members may qualify for dependency and indemnity compensation. Filing a lawsuit or trust claim against a manufacturer generally does not reduce VA benefits.

Example Sentence

Because of the Feres doctrine, the retired boiler technician could not sue the Navy, so his lawyer filed claims against the makers of the boilers and insulation aboard his ships.

Related Terms

Sovereign Immunity, Navy Veterans, VA Disability Compensation, Government Contractor Defense, Military Specifications (MIL-SPEC), Dependency and Indemnity Compensation (DIC)

Notes

• Gather your service records, ship assignments and job ratings; they help identify the products you worked around.
• Claims against manufacturers and VA benefit claims are separate processes; you can usually pursue both.
• Ask a lawyer or accredited representative about VA benefits in addition to any lawsuit.