Fort Bragg Green Beret with Terminal Cancer Inspires Action on Capitol Hill

WASHINGTON — The story of a Fort Bragg Green Beret with terminal cancer is prompting action on Capitol Hill.

• Sergeant First Class Richard Stayskal is currently battling terminal, Stage 4 lung cancer
• Proposed bill would help members of the armed services who suffered from medical malpractice while in the military's care
• Currently, servicemembers can not get a day in court due to the Feres Doctrine

Lawmakers are close to approving a bill that could provide relief to members of the armed services who suffered from medical malpractice while in the military’s care.

The proposed change would authorize the Department of Defense to settle and pay administrative claims in those malpractice cases, provided the care was not connected to combat.

Currently, servicemembers can not get a day in court due to the Feres Doctrine, which has its origins in a 1950 Supreme Court case.

The Story of SFC Richard Stayskal

Sergeant First Class Richard Stayskal is currently battling terminal, Stage 4 lung cancer.

A Fort Bragg Green Beret who served in Iraq, his diagnosis came after, he says, doctors in the military medical system failed to address a mass on his lung. Left untreated, the tumor spread.

“You’ve got to be able to accept the things that are truth, and be able to share them with everybody in order to fix things,” he said.

In Stayskal’s case, he shared his story on Capitol Hill, testifying before a congressional panel and meeting with lawmakers. There, he found a receptive audience.

Congressman Richard Hudson, R-8th District, joined with lawmakers from both parties to introduce legislation - named in Stayskal’s honor - aimed at giving service members like the Green Beret a chance at compensation.

“I believe very strongly our men and women in uniform ought to have the same civil rights as the rest of us,” Hudson said.

Just recently, a variation on that legislation was incorporated into a larger defense bill. That legislation has already passed the House and requires approval in the Senate.

“It took a tragic story to come out and change something,” Stayskal said.

What’s Next for Stayskal?

Stayskal’s attorney said once the bill is signed into law, they plan to file an administrative complaint with the Department of Defense.

Stayskal meanwhile shows no signs of slowing down, already looking for other military related causes he can help work on on Capitol Hill.

“I want to ensure that the military is being made better, not being harmed or degraded,” he said.

Hudson, for his part, describes Stayskal as “incredible.”

“A lot of us in his situation might spend the last days we have with our family, maybe bitter and upset and frustrated,” the congressman said. “But in Rich’s case, he’s using this opportunity, this tragedy that he’s a part of to help others.”