Bill reintroduced for servicemembers' right to file malpractice claims

On October 10, 2024, Representatives John Garamendi and Mark DeSaulnier introduced the "Seaman Danyelle Luckey Military Medical Accountability Amendment Act of 2024" (H.R.9943) in Washington, DC. This bill aims to expand medical malpractice protections for service members on large naval vessels. The legislation is named in honor of Danyelle Luckey, a 23-year-old from Pittsburg, California, who died in 2016 due to inadequate medical care aboard the USS Ronald Reagan aircraft carrier.

Danyelle's death was not caused by enemy action but by preventable mistakes during her treatment for sepsis. The bill seeks to address gaps in medical accountability that contributed to her untimely passing.

Representative Garamendi stated, "No military family should ever have to endure what the Luckey family has gone through. This bill seeks to close a critical gap in medical accountability and ensure that our brave servicemembers receive the quality care they deserve, no matter where they serve."

Representative DeSaulnier added, "The pain the Luckey family has endured from the tragic loss of their daughter, Danyelle, has only been exacerbated by the fact that they have been unable to get answers and pursue justice due to a misinterpretation of the law."

The Luckey family expressed gratitude for the legislative efforts: "My Danyelle always wanted to help her fellow service members- she would be so happy to know she made changes in Navy medical care for her fellow service members."

Key provisions of H.R.9943 include expanding service members' ability to file medical malpractice claims against facilities on aircraft carriers and other ships when not engaged in combat operations. It also recognizes that these shipboard facilities are comparable to land-based treatment centers.

This legislation builds upon the 2020 National Defense Authorization Act, which initially allowed service members to file malpractice claims against military medical facilities.