A soldier died of cancer at 26. Her family says the Army is to blame.

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A soldier died of cancer at 26. Her family says the Army is to blame.
By Hope Hodge Seck
Nov 30, 01:48 PM
Spc. Maria Martinez at the Fort Bliss medical center's ICU, joined by soldiers from her unit. (Photo courtesy of Eduardo Larumbe)

Maria Martinez was 26 when she died of breast cancer that her family says would have been survivable if she had received the right diagnosis and treatment from military medical providers. And while two military boards said the medical malpractice suit filed by Martinez before her death in 2021 was invalid because it was filed outside of the two-year statute of limitations, a U.S. district court judge recently ruled that the case can move forward, thanks to a law designed to protect troops from legal liability while in uniform.

On Oct. 31, Judge Rudolph Contreras, of the U.S. District Court for the District of Columbia, denied a motion to dismiss from the Army Tort Claims Division, saying the Service Members Civil Relief Act “tolls” the statute of limitations, or pauses the time clock. It’s a development that Martinez’s attorney, David Sheldon, says marks a victory not just for Martinez’s family, but for all troops seeking to bring medical malpractice lawsuits against the Defense Department.
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