How We Got Here: The Journey of the Coalition of Heroes.
United as the Coalition of Heroes, we confront the injustice of medical malpractice affecting our brave service members. Our mission is to ignite powerful awareness, educate the public, and amplify our stories to demand critical reforms. While honoring the Feres Doctrine, we fight to carve out an essential exception for medical malpractice, ensuring no service member is left without recourse. Through relentless advocacy, education, and unwavering solidarity, we aim to secure a future where every service member receives the justice, respect, and support they rightfully deserve.
The Feres Doctrine: Origins and Impact
The Feres Doctrine was established in 1950 to prevent members of the armed forces from suing the federal government under the Federal Tort Claims Act (FTCA) for injuries sustained while on active duty. Initially intended to cover injuries incident to service, the doctrine has had far-reaching implications for service members seeking justice for medical malpractice. Questions have arisen over how various medical situations qualify as "incident to service," such as giving birth in a military hospital, contracting a severe illness during basic training, being a victim of a hit-and-run, or facing delayed diagnoses of critical illnesses.
Consider a scenario where two people go to the same U.S. military hospital simultaneously: one is a civilian, the other a soldier. If military doctors commit the same negligent mistakes for both, the civilian could file a medical malpractice lawsuit against the military, whereas the service member could not. THIS is an outcome of The Feres Doctrine.
For over 70 years, the Feres Doctrine has barred service members from suing the federal government for injuries deemed "incident to military service," including those resulting from medical malpractice. Established in 1950, this legal precedent was intended to avoid civilian courts second-guessing military decisions and to provide compensation through disability benefits and life insurance. However, it has broadly applied to various non-combat-related incidents, including workplace violence and sexual assault.
NDAA 2020 Military Medical Malpractice (Section 731)
In a significant shift, the 2020 National Defense Authorization Act (NDAA) Chapter 163 of title 10, United States Code, was amended by inserting after section 2733 the following new section: ‘‘§ 2733a. Medical malpractice claims by members of the uniformed services. This allowed active-duty members in the Armed Forces to file medical malpractice claims against the United States for personal injury or death incident to the service of a member of the uniformed services that was caused by the medical malpractice of a Department of Defense health care provider.
In June 2021, the Pentagon published the rules detailing how these claims could be submitted. The initial rule was published on the Federal Register on 06/17/2021. The final rule was published on the Federal Register on 5/10/2024.
While the new guidelines offer a path for accountability and compensation, the process remains shrouded in uncertainty. The hope is that service members will finally receive justice for medical malpractice, but the true efficacy of the system became clear as claims have begun to be processed. The journey to this point underscores the ongoing struggle for fair treatment and recognition of service members' rights.
Filing Our Claims
Lauren’s claim was filed in June of 2020. Dez and Liams’s claims were filed in 2021. However, the process proved arduous and often unyielding. While Dez and Liams are both still pending a determination for their claims. Lauren Palladini received her intial denial in April of 2023 and a final denial in November of 2022. However Lauren’s attorney Natalie Khawam did not make Lauren aware of her denials until January 10th of 2024. This is when Lauren connected with Kamni Del Barba and Jill Corey. This connection marked the beginning of an active and relentless advocacy effort to challenge the injustices faced by service members.
Failure of the Richard Stayskal Act
The Richard Stayskal Act, intended to provide a pathway for service members to file medical malpractice claims against the Defense Department, has largely failed to deliver its promised relief. Despite being named after Master Sgt. Richard Stayskal, who was diagnosed with advanced lung cancer due to a misdiagnosis, the act has not provided him and many others with the justice they deserve.
Since its implementation, the military services have approved roughly 3% of the medical malpractice claims filed by service members. According to data from Military.com, as of June 2024 only 20 claims have been approved out of the 597 claims filed since 2020. The Army, Navy, and Air Force combined have seen minimal payouts and numerous denials, with many claims still under investigation or appeal.
While we recognize that Congress had great intentions of passing this bill, we believe the guidelines they have allowed the DOD to release are unjust. They have allowed the DOD to investigate these claims against the DOD themselves, rather than having a mutual third party investigate and determine the outcome of these claims. This leaves a huge gap in the system that was created for service members to get justice because the same institution that committed this malpractice is the same institution that gets to determine if medical malpractice was committed.
Boots on the Ground: Advocating for Change
Since Coalition of Heroes connected, it has been boots on the ground running. We headed to Washington D.C. to advocate on the Hill in March of 2024. During this trip, Lauren was granted a meeting with the U.S. Army General Counsel, where the Army acknowledged that her claim was wrongfully denied and provided her with an opportunity to appeal. This advocacy trip also included meetings with over 30 congressional representatives and the Senate Armed Services Committee, where we highlighted the flaws in the law passed in 2020 and pressed for necessary reforms.
Continued Advocacy Efforts
Our fight did not stop there. We returned to D.C. for a second advocacy trip, meeting with over 35 congressional members. Our relentless efforts have paid off, gaining the backing of 17 more House representatives, increasing the total to 31. This expanding support highlights the critical necessity of the reforms we are championing.
Support for H.R. 4334 - The HERO Act
We have sent hundreds of emails to congressional members asking for support for H.R. 4334 - The HERO Act, which aims to provide Healthcare Equality and Rights for Our Heroes. This legislation is crucial as it will grant service members the right to take their medical malpractice claims to District Court. Currently, our military personnel face closed courtroom doors when seeking justice, despite their sacrifices for our nation's freedom. The HERO Act offers a vital solution to this pressing issue.
Endorsement and Broader Support
We have gained the endorsement of the American Legion, which was a huge win! This is their official statement from the National Security Commission Chairman Matthew Shuman on H.R. 4334 - The HERO Act.
"The Department of Defense must clearly define "Incident to Service" and broaden the definition of military treatment facilities to include all areas where service members receive care. This will ensure equitable and fair treatment across all situations.”
The journey of the Coalition of Heroes is far from over. Every step we take is driven by the memory of what we have endured and the hope for a better future. We invite you to join us in this fight, to amplify our voices, and to stand in solidarity with us. Together, we can ensure that every service member receives the justice, respect, and support they rightfully deserve.
United, we stand. United, we fight.
Lauren Palladini, President
Jill Corey, Vice President
Joel Palladini, Treasurer
Jill Corey, Secretary
Dez Del Barba, Board Member
Liam Corey, Board Member
Kamni Del Barba, Board Member
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For more information on our mission and how you can get involved, please visit our website or contact us directly. Your support can make a difference in the lives of those who have sacrificed so much for our country.