This battle's been going on for over 60 years now.
When you try to overturn Feres you're talking real money. It's much cheaper now to keep the lawsuits out of the public eye by settling for a few million bucks here and there. Even Tripler Army Medical Center all by itself has one or two cases per year-- even in the delivery room.
Keep in mind, folks, that this is one of the reasons military health care is so cheap. (There are other minor contributing factors, but this factor is a big one.) 99.99% of the military's medical people are total lifesaving professionals, but Feres makes the .01% affordable when they become clearly identified... usually after the fact.
The book written on E-R.org, "The Military Guide to Financial Independence and Retirement", on sale now! For more info see "About Me" in my profile.
I don't spend much time here anymore, so please send me a PM. Thanks.