Doctrine bars lawsuit over death of soldier's son - Hawaii News Now - KGMB and KHNL

Doctrine bars lawsuit over death of soldier's son

By JENNIFER SINCO KELLEHER
Associated Press

HONOLULU (AP) - A federal appeals court is upholding the dismissal of a lawsuit that claims the Army caused the death of a newborn by ordering his pregnant mother to conduct physical training against doctors' instructions.

January Ritchie was about 5 ½ months pregnant when she went into premature labor while stationed in Hawaii in 2006. Her son died 30 minutes later. Her husband filed a wrongful death lawsuit.

The 9th U.S. Circuit Court of Appeals "regretfully" issued their opinion Thursday. The ruling criticizes a doctrine that prevents civil action against the government for those injured during military service.

The court says it's unfortunate the doctrine bars the lawsuit.

The Ritchies now live in Tacoma, Wash. Their Honolulu attorney plans to petition the U.S. Supreme Court.

Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

  • Hawaii News Now headlinesNewsMore>>

  • Woman stabs 5 - including newborns - at New York nursery

    Woman stabs 5 - including newborns - at New York nursery

    Friday, September 21 2018 7:50 AM EDT2018-09-21 11:50:04 GMT
    Saturday, September 22 2018 4:14 AM EDT2018-09-22 08:14:15 GMT
    Police in New York say at least five people, including three infants, were stabbed at an overnight day care center in Queens. (Source: WABC/CNN)Police in New York say at least five people, including three infants, were stabbed at an overnight day care center in Queens. (Source: WABC/CNN)

    Police in New York say at least five people, including three infants, were stabbed at an overnight day care center in Queens.

    More >>

    Police in New York say at least five people, including three infants, were stabbed at an overnight day care center in Queens.

    More >>
  • Victory for Kauai kumu hula after Japan court rules she may copyright her choreography

    Victory for Kauai kumu hula after Japan court rules she may copyright her choreography

    Saturday, September 22 2018 4:04 AM EDT2018-09-22 08:04:15 GMT

    During the four year legal battle, kumu hula Kapu Kinimaka-Alquiza of Hanapepe, Kauai danced in a Japan court to show that her hula choreography was original. She filed suit to get a Japanese hula operator to stop using her choreography without permission. According to NHK, a judge in Osaka district court ruled Thursday that hand movements in hula express lyrics, show originality and may be copyrighted. "I'm very very happy not just for myself, but that our story can help other...

    More >>

    During the four year legal battle, kumu hula Kapu Kinimaka-Alquiza of Hanapepe, Kauai danced in a Japan court to show that her hula choreography was original. She filed suit to get a Japanese hula operator to stop using her choreography without permission. According to NHK, a judge in Osaka district court ruled Thursday that hand movements in hula express lyrics, show originality and may be copyrighted. "I'm very very happy not just for myself, but that our story can help other...

    More >>
  • Shame, fear: Survivors explain not reporting sexual assaults

    Shame, fear: Survivors explain not reporting sexual assaults

    Friday, September 21 2018 6:20 PM EDT2018-09-21 22:20:29 GMT
    Saturday, September 22 2018 3:23 AM EDT2018-09-22 07:23:37 GMT
    (AP Photo/Alex Brandon, File). FILE - In this Sept. 6, 2018 file photo, President Donald Trump's Supreme Court nominee, Brett Kavanaugh testifies before the Senate Judiciary Committee on Capitol Hill in Washington for the third day of his confirmation ...(AP Photo/Alex Brandon, File). FILE - In this Sept. 6, 2018 file photo, President Donald Trump's Supreme Court nominee, Brett Kavanaugh testifies before the Senate Judiciary Committee on Capitol Hill in Washington for the third day of his confirmation ...
    Survivors respond with fury to Trump's remarks on woman who accused court nominee of sexual assault.More >>
    Survivors respond with fury to Trump's remarks on woman who accused court nominee of sexual assault.More >>
Powered by Frankly