The Military Retiree Medical Care Lawsuit History

Posted 29 Jan 2003

• July 1996: Plaintiffs file suit for monetary damages in Federal District Court in Pensacola, FL., charging age discrimination, 5th amendment taking of property and breach of contract.

• June 1997: District Court dismisses plaintiffs’ claim of age discrimination, but agrees to hear further argument on their 5th amendment taking of property and breach-of-contract theories.

• August 1998: District Court denies plaintiffs’ entire petition.

• December 1998: Plaintiffs appeal to US Circuit Court of Appeals for the Federal Circuit, Washington, D.C.

• March 2000: Federal court hears oral arguments of the parties.

• February 2001: Three-judge panel of the Federal Circuit Court of Appeals, Washington, DC overturns the district court decision. Finds that military retirees who entered service before June 7, 1956, had been promised free lifetime health care in return for a career of military service and were due compensation of up to $10,000 each for the government’s failure to live up to that promise. Click 8 Feb 2001 to see the ruling.

• June 2001: Federal Circuit Court of Appeals, Washington, DC agrees to a rehearing before the full (en banc) court. Click 13 Jun 2001 to see the ruling.

• March 6, 2002: Federal Circuit Court of Appeals, Washington, DC hears oral argument in the case.

• November 18, 2002: Current court ruling affirming the US Government position that military retirees have no legal standing to receive the medical care promised. Click 18 Nov 2002 to see the ruling.

• January 24, 2003: Petition for a writ of Certiorari filed in the Supreme Court of the United States.

• The Federal Circuit Court of Appeals, Washington, D.C. ordered plaintiffs L/Cols. "Sam" Schism and Robert Reinlie be re-heard in oral argument on their Feb 2001 victory in the FedCt of Appeals, March 6, 2002 at 2:00 PM, re: Military Retiree Lifetime Medical Care.

• In the Appeal from the Pensacola Federal District court, the Washington, D.C. Federal District Court in Feb 2001 reversed and gave the plaintiffs Summary Judgment and ordered the case back to trial court to award damages. The US government requested a rehearing. On March 6, 2002, Attorney Col. Geo. "Bud" Day argued the WWII/Korean Retiree case to the 12 member (en banc) court, and the United States focused on why the U.S. should be able to break their promise of free lifetime medical care to the WWII/Korean retired veterans.

• Col. Day originally filed a Class Action initiative, which could impact as many as 1,500,000 WWII and Korea War retired veterans, but was made moot when the Pensacola Federal District awarded summary judgment to the government. A renewed motion for Class Action status will be delayed pending Supreme Court action.

• Col. Day was more than a little surprised that the 13-member court found in favor of the government. He notes that the U.S. admitted the government made the promise of free lifetime medical care for military retirees. It appears the laws concerning suits against the government having recently undergone a huge change in favor of the plaintiffs has had little effect. The U.S. states the claims of the WWII/Korea retired veteran group could total as much as $15 billion dollars. Day further states the backing and efforts of the many members of the Class Act Group as being largely responsible for the passage of TRICARE for Life legislation. This legislation provides nearly free hospital and pharmacy care and was enacted in December 2000 because members persuaded both former Representative Ronnie Shows and Senator Tim Johnson to sponsor Keep The Promise Bill in the House and Senate. L/Col. Reinlie organized the Class Act Group initiative in Fort Walton Beach, FL which has obtained contributions and membership of several thousand members for the proposed Class Action, after the basic case is resolved in favor of the two original plaintiff’s and appeals completed.

• The Supreme Court refused to hear the case. See http://mrgrg-ms.org/brief09a.html

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