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Rep. Hudson, Sen. Mullin Hold Press Conference on SFC Richard Stayskal Military Medical Accountability Act

March 30, 2023

“To the DoD: You Need to Fix This”

WASHINGTON, D.C. – Yesterday, U.S. Representative Richard Hudson (R-NC) and U.S. Senator Markwayne Mullin (R-OK) held a press conference to address the Department of Defense’s (DoD) blatant disregard for Congress' intent for justice and accountability for our nation’s soldiers facing medical malpractice through the Rich Stayskal Military Medical Accountability Act, legislation signed into law in 2020 named for Purple Heart Army Green Beret Richard Stayskal from Pinehurst, NC.

“Rich Stayskal is my constituent. He’s my neighbor. He and Megan and the girls have become my friends. I was devastated when I heard this result from DoD,” said Rep. Hudson. “What happened to Rich Stayskal with this misdiagnosis and malpractice is unforgivable and an American tragedy. It’s compounded by the fact that, just like 144 heroes who have applied for relief, they have been denied. These folks kept their promise to us, they served honorably, and they deserve the best we have to offer them and that’s not what they’re getting.

“To the DoD: you need to fix this. And if you don’t fix this, Congress is going to fix it. Period.”

Watch the press conference.

Rep. Hudson and Sen. Mullin were joined by Rep. Mike Waltz, Master Sergeant Richard Stayskal, attorney Natalie Khawam, Mayra Guillen, President of the I am Vanessa Guillen Foundation, and Josh Connelly, an advocate for victims of sexual assault in the military and former chief of staff for Rep. Jackie Speier, a sponsor of the SFC. Richard Stayskal Military Medical Accountability Act.

“When our men and women in uniform make the brave decision to serve our country, they should know that we will take care of them and have their backs,” said Senator Mullin. “What happened to SFC Richard Stayskal, and so many others, is a tragedy. We know that of the 155 medical malpractice claims that have been processed, 144 have been denied, and that’s just within the Army. That’s a serious problem. The DOD has repeatedly failed in its basic obligation to protect our service members, and they are liable.”

“The fox is guarding the hen house, and changes must be made. Our message to the DOD is this: fix the problem, or Congress will fix it for you by building on existing law to ensure justice and accountability. I want to thank SFC Stayskal for his courage, and the courage of the families of countless other victims – some of whom were with us today. I will not back down in the fight to fix this egregious error,” Mullin concluded.

In 2017, Purple Heart Army Green Beret Richard Stayskal from Pinehurst, NC 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 existing law, Stayskal had no way of seeking compensation for the error. 

After meeting with Stayskal in 2018, Rep. Hudson introduced the SFC. Richard Stayskal Military Medical Accountability Act to allow service members to seek compensation for medical malpractice unrelated to their military duties and caused by a DoD health care provider in April of 2019. The bill was later included in the 2020 National Defense Authorization Act and authorized $400 million over the ten years for the DoD to pay military medical malpractice claims made after January 2017. 

SFC. Stayskal’s claim was recently denied by the US Army and earlier this month Stayskal was offered a pay out of $600,000—far less than the $40 million that Stayskal and his wife originally asked for. In addition to Stayskal’s claim, out of the 202 medical malpractice claims received by the Army, 144 have been denied with the remainder of cases still under review.