Created: 8/26/2009 3:08:10 PM 
JACKSONVILLE, FL -- The death of Petty Officer Nathan Hafterson is being used in a petition filed with U.S. Supreme Court asking the high court to allow active duty military personnel to sue the government.
Hafterson, 21, died on March 26, 2006, at Naval Hospital Jacksonville after being admitted for trouble breathing. Attorneys for the sailor's parents argue the hospital was negligent.
The radar operator, according to the court petition, died of malignant hypothermia, a reaction to anesthetic agents.
Attorney Sean Cronin says Hafterson's death is a case of "clear, and we believe, gross, medical malpractice."
Cronin and Bryan Gowdy are teaming up to petition the Supreme Court to reconsider a decision that dates back to 1950.
Gowdy, who is handling the appeal, says the Supreme Court receives thousands of petitions each year and accepts very few for review.
"It would be a landmark case. It would put military members on the same footing as civilians under the Federal Tort Claims Act," said Gowdy, who is prepared to argue the case if given the chance.
Under current law, military dependents and retirees can sue in cases of medical malpractice.
Cronin says unless the Supreme Court intervenes to overturn the prohibition, Hafterson's parents will not be able to seek relief for their loss in civil court.
The attorneys handling the petition say they could learn in six months whether the Supreme Court will hear their case.
Naval Hospital Jacksonville, in a statement, says the facility, "always strives to provide the highest quality health care to all of its beneficiaries."
Spokesman Neil Guillebeau added that the Hafterson case had already been dismissed by a district court, with an appeals court affirming the decision.
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