Richard Stayskal Feres Doctrine bill included in final version of NDAA

WASHINGTON, D.C. - For the first time ever, soldiers fighting for our country will soon be able to seek legal recourse and receive compensation if they are a victim of military medical malpractice, according to a final copy of the National Defense Authorization Act, which was made public Monday evening.

A yearlong series of FOX 46 investigations was credited as “the nucleus” of that provision by Sfc. Richard Stayskal’s attorney, Natalie Khawam.

“We’re very, very, very excited,’” said Khawam. “We’re very, very proud to know that Congress has heard and answered our prayers on our military’s rights to have [the same] justice and equal rights as all of us. These men and women have served our country and fought for our liberty and freedom and it’s time that our country stand up and fight for their liberties and their freedoms. This campaign has been [about doing] the right thing for our military and it seems as if we’ve succeeded.”

The more than $600 billion compromise military spending bill will now get a vote in the House and Senate. If it passes, it goes to President Trump to sign.

FOX 46 broke the story two weeks ago that the NDAA would include the Sfc. Richard Stayskal Military Medical Accountability Act, named after a terminally ill North Carolina Green Beret, who FOX 46 first interviewed back in October 2018.

Stayskal, a Purple Heart recipient, was misdiagnosed by doctors at Womack Army Medical Center, records showed, as having pneumonia when he in fact had lung cancer. Stayskal was never informed that a biopsy was recommended. A civilian doctor told him six months later that his cancer, now stage 4 terminal, had spread.

Stayskal was unable to sue the government for malpractice due to a 1950 Supreme Court ruling known as the Feres Doctrine, which prevents active duty military from suing the government.

A yearlong series of FOX 46 investigations gained the attention and support of lawmakers from both parties across the country, including Rep. Richard Hudson (R-Concord) and Rep. Jackie Speier (D-CA), who introduced a bill in the House earlier this year.

“Although the NDAA does not change or repeal the Feres Doctrine,” a summary of the 2020 NDAA explained, “it authorizes the Secretary of Defense to allow, settle and pay an administrative claim against the United States for personal injury or death of a member of the uniformed armed services that was the result of medical malpractice caused by a Department of Defense health care provider.”

The bill allows claims made after January 2017 to go forward. That’s the same month Stayskal and his attorney, Natalie Khawam, who has been aggressively fighting for this change, says doctors misdiagnosed his lung cancer. The measure would allow Stayskal, and other soldiers, the ability for the first time ever to file a medical malpractice claim.

“The claim is for personal injury or death caused by the negligent or wrongful act or omission of a Department of Defense health care provider in the performance of medical, dental, or related health care functions while such provider was acting with the scope of employment,” a text of the bill released Monday said.