00:00We will now consider log number 5434, Mr. Garamendi.
00:06For what purpose does the gentleman from California seek recognition?
00:11I have an amendment at the desk.
00:14Without objection, reading of the amendments is Spencewith.
00:17I reserve a point of order against the amendment.
00:19Chair recognizes the gentleman from California.
00:23Thank you, Mr. Chairman.
00:24This is yet another year when I'm attempting to bring this bill to the attention of the committee
00:31and hopefully pass it this year.
00:34Now, if you happen to be a member of the military or a civilian working in the military
00:39and you're injured at a base somewhere in the United States or Germany or wherever
00:47by a medical malpractice incident,
00:52one in which it may be life-threatening or in which that individual might die
00:57or some other serious injury,
01:00that individual has a right to seek compensation through a medical malpractice tort.
01:09However, if you happen to be on a ship,
01:13that would be the U.S. naval ship somewhere around the world
01:18and the exact same medical malpractice event that you could have sued for
01:26if you were at a base in the United States,
01:32you can't.
01:33You can't sue.
01:35You cannot seek compensation.
01:37You, in fact, have no recourse whatsoever.
01:41No recourse to discipline those medical service personnel
01:46that committed the potential malpractice.
01:51You have no compensation beyond the normal death benefits available to any naval member.
02:00You're out of luck.
02:01So this dichotomy has driven me to introduce this bill for a second time
02:07and next year, maybe a third time.
02:10I don't understand the rationale that there's a difference between where you are
02:16rather than the fact that it's a malpractice, a medical malpractice.
02:23So that's what this bill does.
02:25It would allow the Lucky family and any other individual who had endured a medical malpractice event
02:33on a ship to be able to seek, to have recourse to address those injuries.
02:42Now, it turns out that Danielle Lucky, for whom this bill is named,
02:46became ill on a naval vessel, a vessel that I won't name right now,
02:52and the result very, very quickly was sepsis, and equally quick was her death.
03:02There was no doubt there was a malpractice.
03:04If I recall some of the DOTLs, she was ill, very ill, running at high temperature,
03:10obviously with some sort of an infection, and we simply said,
03:13go back to your bunk and sleep it off.
03:16Well, she slept forever as a result of that advice
03:20and for the lack of medical services that could have saved her life.
03:25So here we go once again.
03:28I guess I'll take this opportunity to bring to the attention of the committee members
03:33and if any of the committee members on the Republican side or the Democratic side
03:37see the injustice that we have laid into the law,
03:43that depending where you are, you can see you have a recourse or not.
03:48If you're on a ship, no recourse.
03:51If you're at a base, let's say San Diego, you have a recourse.
03:56So that's what this is all about,
03:58and I'd love to debate the issue with anybody that wants to talk malpractice.
04:02I've got about 48 years of experience in this, not as a lawyer,
04:07but on the policy side of it.
04:09But that would be boring and consume a lot of time.
04:13So unless there's a debate to happen, I don't propose to take this to a vote.
04:20And in fact, I intend to withdraw the amendment.
04:23And Mr. Chairman, I thank you for the opportunity to once again try to explain to the committee
04:29that this distinction about where you are is foolish.
04:33So with that, I withdraw the amendment.
04:38Chair, thanks the gentleman for withdrawing his amendment, and I withdraw my point of order.
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