Garamendi, DeSaulnier Reintroduce Bill to Expand Servicemembers’ Right to File Claims for Medical Malpractice

WASHINGTON, DC- Today, on the anniversary of her tragic and preventable death, Representative John Garamendi (D-CA-08) and Representative Mark DeSaulnier (D-CA-10) introduced the "Seaman Danyelle Luckey Military Medical Accountability Amendment Act of 2024" (H.R.9943). This legislation aims to expand medical malpractice protections for service members serving aboard large naval vessels, ensuring that no other family suffers the heartbreak endured by Danyelle's loved ones.

Danyelle Luckey, a 23-year-old from Pittsburg, California, was serving aboard the USS Ronald Reagan aircraft carrier in 2016 when her life was tragically cut short-not by enemy action, but by preventable mistakes in her medical care. After seeking treatment aboard the ship for sepsis, Danyelle received inadequate care that failed to address her worsening condition. This bill, introduced in her honor, addresses the gaps in medical accountability that contributed to her untimely death.

"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. While we can never bring Danyelle back, her family has been tirelessly advocating to prevent such tragedies from happening to others. This bill is a step toward ensuring accountability and improving medical care for all who serve at sea," said Representative Garamendi.

"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," said Representative DeSaulnier. "I am proud to join Congressman Garamendi in again introducing legislation to right this wrong by expanding the right of servicemembers and their families to file medical malpractice claims. We must pass this bill to ensure no other family experiences their same pain and to bring long overdue justice for Danyelle."

"My Danyelle always wanted to help her fellow service members- she would be so happy to know she made changes in the Navy medical care for her fellow service members. Danyelle wanted to serve her country and she wanted to make a difference in the world and her dad Derrick has fought to make it happen with the help of our Congressmen. I want to thank Congressmen DeSaulnier and Garamendi for standing with us in this fight," said the Luckey family.

Key provisions of the "Seaman Danyelle Luckey Military Medical Accountability Amendment Act" (H.R.9943) include:

• Expanding the ability of service members to file medical malpractice claims against medical treatment facilities to include incidents occurring on aircraft carriers (CVN), landing helicopter assault ships (LHA), and landing helicopter dock (LHD) ships when those ships are not engaged in combat operations.
• Recognizing that the medical facilities and personnel aboard these ships are comparable to the level of care available at most land-based medical treatment facilities.

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

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