Message to the House of
Representatives Returning Without Approval the Bill for the Relief of Paulette
Mendes-Silva
To
the House of Representatives:
I
am returning herewith without my approval H.R. 2316, a bill for the relief of
Paulette Mendes-Silva.
This
bill would give the United States District Court for the District of Columbia
jurisdiction to hear Ms. Mendes-Silva's claim that the Public Health Service
was negligent in inoculating her against yellow fever on March 12, 1963,
despite the fact that Ms. Mendes-Silva never filed an administrative claim or
filed suit in a timely manner, as required by the Federal Tort Claims Act.
While
I feel sympathetic to Ms. Mendes-Silva because of her condition, I cannot sign
H.R. 2316 because there is no equitable basis for relief. The bill's
beneficiary failed to pursue the remedies available to her in a timely manner.
Moreover, available medical evidence contradicts her assertion that the
Government was responsible for her disability.
I
am greatly concerned with the adverse precedential
impact that my approval of H.R. 2316 would have upon litigation against the
Federal government. There must be some limit to the time during which the
Government must remain prepared to defend itself against specific claims. That
limit is set forth in the Federal Tort Claims Act, 28 U.S.C. at 2401(b).
I
am also greatly concerned that this private relief bill would allow a claimant
to circumvent the orderly administrative process for asserting claims against
the
For
these reasons, I cannot approve H.R. 2316.
Ronald
Reagan
The
White House,