CHARLOTTE, N.C. (FOX 46 CHARLOTTE)– Bipartisan anger on Capitol Hill continues to grow as military families, whose loved ones were injured or killed due to medical malpractice, are left in limbo.

In a letter to Acting Defense Secretary Christopher Miller, Fort Bragg Congressman Richard Hudson (R-Concord) calls the Defense Department’s delay in processing medical malpractice claims “unacceptable.”

“When we initially began this endeavor to bring equitable treatment to those harmed by medical malpractice, it was noted that the DoD was opposed to this effort,” Hudson wrote. “I sincerely hope that this is not an effort by the Department to delay a policy that they do not support.”

Active duty soldiers are not allowed to sue the government because of a controversial 1950 Supreme Court ruling known as the Feres Doctrine. A law signed last year, following a series of FOX 46 investigations, gives service members the right to be compensated for the first time for botched and negligent care.

“While this…does not wholly repeal the Feres Doctrine,” Hudson wrote, “it is a positive step towards the equitable treatment of our men and women in uniform.”

Last year, a bipartisan bill that Hudson worked on was introduced in Congress. It stemmed from a series of FOX 46 reports on the botched care that Fort Bragg Green Beret Sgt. 1st Class Richard Stayskal received at Womack Army Medical Center. Doctors misdiagnosed his lung cancer as pneumonia. He is now Stage 4.

READ REPRESENTATIVE HUDSON’S LETTER HERE

Defense officials told Congress an interim final rule needed to implement the law would be released no later than Sept. 30. Nearly two months later, DoD officials say it is still “well underway” – almost a year after President Trump signed the law.

“[W]e are now well past this target and there is still no timeline on when a rule will be made public,” Hudson wrote. “This delay is unacceptable.”

Last week, FOX 46 reported Rep. Jackie Speier (D-CA), who chairs the House Armed Services Military Personnel Subcommittee, threatened “Congress will need to act” if the DoD doesn’t start processing medical malpractice claims, as required to by law, without further delay.

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At least 120 claims have been filed so far, according to Stayskal’s attorney.

Department of Defense Response

“The Department is currently in the process of developing an interim final rule to implement the processing of claims under 10 U.S.C. § 2733a, which allows Service members to file medical malpractice claims under certain circumstances. 

The Department is currently receiving claims and these claims will be processed when procedures for reviewing the claims are established.  Service members should follow their Military Department’s current procedures for filing a claim:

  • Army:  Claims should be presented to the nearest Office of the Staff Judge Advocate, to the Center Judge Advocate of the Medical Center in question, or with US Army Claims Service, 4411 Llewellyn Avenue, Fort Meade, Maryland 20755, ATTN:  Tort Claims Division.
  • Navy:  Information, directions and forms for filing a claim may be found at https://www.jag.navy.mil/.  Claims should be mailed to the Office of the Judge Advocate General, Tort Claims Unit, 9620 Maryland Avenue, Suite 205, Norfolk, Virginia 23511-2949.
  • Air Force:  Claims should be presented either at the Office of the Staff Judge Advocate at the nearest Air Force Base, or sent by mail to AFLOA/JACC, 1500 W. Perimeter Road, Suite 1700, Joint Base Andrews, MD 20762. POC: Medical Law Branch, AFLOA/JACC 240-612-4620 or DSN 612-4620.

There is no specific form that Service members need to use when submitting a claim, although they may use Standard Form 95, “Claim for Damage, Injury, or Death.

Development of the interim final rule is well underway and the Department is working diligently to bring it to completion so that claims may be processed under the rule.  An interim final rule becomes effective upon publication.   In the case of the interim final rule on medical malpractice claims, there will be a final rule following the opportunity for public comment.” – Lisa Lawrence, DOD spokesperson

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