Representatives Issa, Hudson Reintroduce HERO Act for Service Member Victims of Medical Malpractice

WASHINGTON, D.C.— Congressman Darrell Issa (CA-48) today was joined by House colleague Rep. Richard Hudson (NC-09) to reintroduce H.R. 6730, The "HERO Act" (Health Equality and Rights for Our Heroes Act), which will grant service members who are victims of medical malpractice in a DOD medical treatment facility the right to take their claim to District Court.
 
“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.”

“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 service-member 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.”

Currently, if an active-duty service member experiences medical malpractice at a DOD medical treatment facility, the available opportunities to seek justice are extremely limited. Service members may file a petition with an in-house DOD panel, but that process has a success rate of less than two percent in favor of the claimant. Right now, spouses of active-duty service members, along with any other person who incurred medical malpractice within a DOD medical treatment facility, may address their injuries before a court, but not those who are actively serving and sacrificing for the nation.
 
The HERO Act will grant service members who are victims of medical malpractice in a DOD medical treatment facility the right and opportunity to take their claim to District Court—the same legal process as military spouses, DOD civilians, and American citizens. It will finally reform the current failing system and replace it with one that gives our military the fair shot at justice they deserve.