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B-209615 1 (1983-03-28)

handle is hein.gao/gaobadkza0001 and id is 1 raw text is: DECISION FILE: B-209615 THE COMPTROLLERGERA OF THE UN ITED STAT EBUZ WASHINGTON, 0.C. 20549 DATE: March 28, 1983 MATTER OF: Suzanne C. Cramond I DIGEST: The Secretary of the Army denied a deceased civilian employee's representative's claim under 10 U.S.C. S 2733 for wrongful death damages allegedly caused by malpractice of Army medical officials. As to the Comptrol- ler General reporting the matter to Congress as a meritorious claim under 31 U.S.C. S 3702(d) (formerly 31 U.S.C. S 236), that provision is construed to apply only to claims which fall within GAO's settlement authority. Since, under 10 U.S.C. SS 2733 and 2735, the Army's settlement of a claim for damages is final and conclusive, GAO has no authority in the matter and the claim is inappropriate for reporting to Congress under the Act. This action is in response to a letter, with supporting brief, from Mrs. Suzanne C. Cramond, through her counsel, who is the representative of Mr. John Cramond, Jr., a deceased former employee of the Air Force who had retired on disability. Mrs. Cramond alleges that malpractice of Government officials who were treating Mr. Cramond while he was working for the Air Force in Germany, and their abandonment of his treatment after his disability retirement, proximately caused her husband's death. She requests that we assist in securing damages for his wrongful death by reporting the matter to Congress for relief under the Meritortous Claims Act of 1928, now codified at 31 U.S.C. S 3702(d) (formerly 31 U.S.C. S 236). The claim is not appropriate for us to consider for submission to the Congress. The claim arose under the following circumstances. Mr. John Cramond, a civilian working for the Air Force at the Pentagon, began experiencing a series of seizures in late 1971 and early 1972. He was transferred and moved with his wife Suzanne and their children to Wiesbaden, Germany, in July 1972, where he continued having sei- zures. These seizures were treated by medical personnel q .-4 q ' 7

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