Court stops suit in death of soldier mom’s son

HONOLULU — A federal appeals court “regretfully” upheld the dismissal of a lawsuit that claims the Army caused the death of a newborn by ordering his pregnant mother to do physical training against doctors’ instructions.

January Ritchie was about 5 1/2 months pregnant when she went into premature labor while stationed in Hawaii in 2006.

Her son Gregory died 30 minutes after birth. Her husband Jonathan Ritchie filed a wrongful death lawsuit, claiming commanding officers ignored his wife’s pleas not to perform physical duties such as picking up trash and battle-focused training.

The 9th U.S. Circuit Court of Appeals said Thursday it was “regretfully” issuing an opinion saying a lower court was right to dismiss the case. The ruling criticized what’s known as the Feres doctrine, which prevents civil action against the government for those injured during military service, and said it’s unfortunate the doctrine bars the lawsuit.

“For the past 63 years, the Feres doctrine has been criticized by ‘countless courts and commentators’ across the jurisprudential spectrum,” states the opinion authored by Judge Jacqueline Nguyen. “However, neither Congress nor the Supreme Court has seen fit to reverse course.”

The doctrine is “archaic” and based in part on protecting the government from being sued over actions to win a war, said Greg Jacob, policy director for the New York-based Service Women’s Action Network, which is pushing for exemptions to the doctrine for crime victims. “What’s happened over the decades is that the federal courts system has interpreted ‘incident to service’ as whatever happens in uniform,” Jacob said Friday. “It’s an example of how misguided the military is with regard to their personnel policies and giving commanders ultimate authority like this.”

Jacob, a former Marine Corps infantry commander, said the Ritchie case shows a need to change the military’s “command-centric” system that allows commanders to override recommendations of lawyers and doctors regarding troops.

Judge Dorothy Nelson wrote a separate, concurring opinion to “highlight how this case reveals the questionable validity of the Feres doctrine,” which she suggests is unfair toward servicewomen.

“Efforts to exclude pregnant women from serving, and even to punish women for becoming pregnant, continue to this day,” she wrote. “The right a pregnant woman has to serve means little if her service requires she put her fetus’s health and well-being at risk.”

The Ritchies now live in Tacoma with their three children. January Ritchie is in the Army Reserves, said the couple’s Honolulu attorney, Eric Seitz, who is planning to petition the Supreme Court.

“We were not expecting to win,” he said, but they’re encouraged by the strong language in the opinion.

Assistant U.S. Attorney Harry Yee in Honolulu, who represented the government, against the suit referred comment to his superior, who didn’t immediately respond Friday.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

A firefighter stands in silence before a panel bearing the names of L. John Regelbrugge and Kris Regelbrugge during the ten-year remembrance of the Oso landslide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
‘Flood of emotions’ as Oso Landslide Memorial opens on 10th anniversary

Friends, family and first responders held a moment of silence at 10:37 a.m. at the new 2-acre memorial off Highway 530.

Julie Petersen poses for a photo with images of her sister Christina Jefferds and Jefferds’ grand daughter Sanoah Violet Huestis next to a memorial for Sanoah at her home on March 20, 2024 in Arlington, Washington. Peterson wears her sister’s favorite color and one of her bangles. (Annie Barker / The Herald)
‘It just all came down’: An oral history of the Oso mudslide

Ten years later, The Daily Herald spoke with dozens of people — first responders, family, survivors — touched by the deadliest slide in U.S. history.

Victims of the Oso mudslide on March 22, 2014. (Courtesy photos)
Remembering the 43 lives lost in the Oso mudslide

The slide wiped out a neighborhood along Highway 530 in 2014. “Even though you feel like you’re alone in your grief, you’re really not.”

Director Lucia Schmit, right, and Deputy Director Dara Salmon inside the Snohomish County Department of Emergency Management on Friday, March 8, 2024, in Everett, Washington. (Ryan Berry / The Herald)
How Oso slide changed local emergency response ‘on virtually every level’

“In a decade, we have just really, really advanced,” through hard-earned lessons applied to the pandemic, floods and opioids.

Ron and Gail Thompson at their home on Monday, March 4, 2024 in Oso, Washington. (Olivia Vanni / The Herald)
In shadow of scarred Oso hillside, mudslide’s wounds still feel fresh

Locals reflected on living with grief and finding meaning in the wake of a catastrophe “nothing like you can ever imagine” in 2014.

Everett mall renderings from Brixton Capital. (Photo provided by the City of Everett)
Topgolf at the Everett Mall? Mayor’s hint still unconfirmed

After Cassie Franklin’s annual address, rumors circled about what “top” entertainment tenant could be landing at Everett Mall.

Everett
Everett man sentenced to 3 years of probation for mutilating animals

In 2022, neighbors reported Blayne Perez, 35, was shooting and torturing wildlife in north Everett.

Dorothy Crossman rides up on her bike to turn in her ballot  on Tuesday, Aug. 1, 2023 in Everett, Washington. (Olivia Vanni / The Herald)
Everett leaders plan to ask voters for property tax increase

City officials will spend weeks hammering out details of a ballot measure, as Everett faces a $12.6 million deficit.

Starbucks employee Zach Gabelein outside of the Mill Creek location where he works on Friday, Feb. 23, 2024 in Mill Creek, Washington. (Olivia Vanni / The Herald)
Mill Creek Starbucks votes 21-1 to form union

“We obviously are kind of on the high of that win,” store bargaining delegate Zach Gabelein said.

Lynnwood police respond to a collision on highway 99 at 176 street SW. (Photo provided by Lynnwood Police)
Police: Teen in stolen car flees cops, causes crash in Lynnwood

The crash blocked traffic for over an hour at 176th Street SW. The boy, 16, was arrested on felony warrants.

The view of Mountain Loop Mine out the window of a second floor classroom at Fairmount Elementary on Wednesday, Jan. 10, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
County: Everett mining yard violated order to halt work next to school

At least 10 reports accused OMA Construction of violating a stop-work order next to Fairmount Elementary. A judge will hear the case.

Imagine Children's Museum's incoming CEO, Elizabeth "Elee" Wood. (Photo provided by Imagine Children's Museum)
Imagine Children’s Museum in Everett to welcome new CEO

Nancy Johnson, who has led Imagine Children’s Museum in Everett for 25 years, will retire in June.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.