Hudson, Issa Reintroduce HERO Act to Protect Service Members Harmed by Medical Malpractice

WASHINGTON, D.C. – U.S. Representative's Richard Hudson (NC-09) and Darrell Issa (CA-48) have reintroduced the Healthcare Equality and Rights for Our Heroes (HERO) Act, legislation to make sure service members and their families can seek justice in federal court when they are victims of medical malpractice at Department of War medical treatment facilities.

The bill builds on the SFC Richard Stayskal Military Medical Accountability Act, which was signed into law in 2020 and named for Purple Heart, Green Beret and Pinehurst resident SFC Richard Stayskal, a constituent of Rep. Hudson's. That law created, for the first time, a process for service members to file malpractice claims against DoW – but an internal system run by the Department has denied relief to a majority of families who have come forward.

“The law that gave hope to my friend Rich Stayskal and so many military families has been tied up and watered down by bureaucracy,” said Rep. Hudson. “If preventable medical harm at a military hospital costs a servicemember their health or their life, they should have the same right as any other American to take their case to court. The HERO Act makes that clear in federal law so our heroes and their families can finally seek full and fair compensation.”

“The HERO Act” is about more than opening an avenue to the courts. It’s about recognizing that service members who are victimized by medical malpractice in a DOD facility are deserving of the opportunities to pursue the kind of justice that is currently denied to them,” said Rep. Issa. “Congress has previously worked to correct this obvious wrong within our system, but it isn’t fixed yet. This time, we’re going to set this right.”

In 2017, SFC Stayskal received a Stage 4 lung cancer diagnosis from a civilian doctor after being misdiagnosed with pneumonia by military medical professionals at Womack Army Medical Center at Fort Bragg. Under long-standing law and court decisions, he had no way to sue for malpractice, even though the mistake was unrelated to combat or the risks of military service.

Rep. Hudson worked with SFC Stayskal to change that, authoring the SFC Richard Stayskal Military Medical Accountability Act and securing its passage in the 2020 National Defense Authorization Act (NDAA). Since then, however, DoW’s internal process has failed to deliver meaningful justice for most of the families who filed claims.

What the HERO Act Does

The HERO Act:

• Repeals the current internal DoW malpractice claims system and adjusts claims by service members and their families to be brought to the District Court. Ensures those claims can proceed, whether the malpractice occurred in the United States or at a covered facility overseas.
• Protects VA and Servicemembers’ Group Life Insurance (SGLI) benefits.
• Establishes a clear statute of limitations by allowing claims to be brought up to 10 years after the injury.
• Requires regular reporting to Congress on the number of claims filed under the HERO Act, providing transparency and oversight of the new system.

Hudson and Issa will continue working with military families and advocates to advance the HERO Act through Congress and ensure America keeps its promise to those who serve.

Read the full bill text here.