New Claim Against Government From The Fort Hood Massacre - kcentv.com - KCEN HD - Waco, Temple, and Killeen

Another civil claim surfaces from the Fort Hood massacre, and a lawsuit could soon follow.

This time it's for a wounded soldier and his wife.

It's an especially tricky case, because right now active duty soldiers don't have the right to sue the government.

The couple wants to remain anonymous, so their lawyer explains how he hopes to change things.

"They're our heroes, and if they are, we need to treat them like it," said injury lawyer John Roark.

November 5, 2009, was a tragic day that changed countless people's lives.

Now Roark is representing two who are coping in the aftermath, a soldier, shot six times who's learning to walk again and his wife who quit medical school to tend to his many health needs.

"She has to spend her life taking care of her husband, which in their mid 20's they shouldn't have to do," said Roark.

Last September, they filed a 25 million dollar claim with a the Defense Department, the Justice Department and the FBI.

None have responded with answers, so Roark plans to file a lawsuit next week.

It will be a tough battle.

A 1950's Supreme Court ruling, called the Feres Doctrine, says a soldier can't sue the military for injuries that occurred while on duty.

Roark says, "The soldier should have the same right you and I do. It's that simple."

While he plans to challenge that doctrine, if he has to, he also wants the attack officially labeled as terrorism.

That would give wounded soldiers extra money from combat pay and Purple Hearts.

Congressman John Carter's House Bill 625 calls for the change, but though it's been attached to the last two defense authorization bills, it has not been made into law.

So now that election season is over, Rep. Carter says, "Perhaps with this vote behind us, the coming lame duck session of Congress will force the recognition that the administration could grant today with no legislative action necessary."

"I call it criminal that our soldiers get treated like they do after they get out of the military," said Roark.

And when asked what he wants to see happen in the end, he said simply, "I want to see this become a terrorist act."

He calls that the first step toward making every survivor as whole as possible.

Another lawsuit has been filed by more than a hundred civilians affected by the tragedy.

Roark says meetings Wednesday will determine whether he will join that lawsuit or file his own.

Reporter: Sophia Stamas sstamas@kcentv.com

Photographer: Chris Buford cbuford@kcentv.com