Opening Statements

Today, Rep. Trent Kelly (R-MS), Ranking Member of the House Armed Services Subcommittee on Military Personnel, made the following remarks, as prepared for delivery, on the Subcommittee's hearing titled "Feres Doctrine - A Policy in Need of Reform?"

"Thank you, Chairwoman Speier.

"I want to thank our witnesses for being here today. I particularly want to thank SFC Stayskal, Ms. Witt, and Ms. Lipe for your service to the Nation. I wish to extend my profound sympathy for what you all have gone through. No one should have to experience what you all have experienced. Our service members, who sacrifice so much, deserve the best medical care we can provide, and we as an institution let you down.

"I am glad that you are able to tell your stories and bring public attention to this important issue. But, the unfortunate reality is that the Judiciary Committee, not the Armed Services Committee, has jurisdiction over this issue and should be holding this hearing. I encourage our colleagues on the Judiciary Committee to do so, and to have an open debate on this issue that impacts our brave men and women.

"But even if the Feres doctrine is changed, we know it will not make you and the other victims of military medical malpractice whole. We know that nothing can take away the profound wrongs that have been done. Therefore, we must also focus on preventing these mistakes from happening again. My primary concern is to make sure that the failures you experienced in the military medical health system do not happen to other service members. The quality of care in our military health system is something that is squarely within the jurisdiction of this committee.

"In reading through the written statements of SFC Stayskal, Ms. Witt, and Ms. Lipe, it is clear that the medical malpractice in these cases was not isolated to one doctor. For example, SFC Stayskal visited multiple doctors and the ER on several occasions, and not one of those doctors correctly diagnosed his cancer. And in Ms. Lipe's case, she was treated in a combat zone, then at Landstuhl, then back in the United States before anyone found the true source of her pain. These repeated failures, which occurred at military medical treatment facilities all over the World, indicate systemic problems within the military healthcare system.

"Based on language in the 2017 NDAA, the military health system is currently undergoing the largest reform in a generation. This includes standardizing patient experience, improving quality of care and increasing access to care—reforms that are essential to fixing the types of issues highlighted by your cases. However, there are aspects of the Defense Department's reform plan that deserve greater scrutiny. The services are contemplating a reduction of up to 20% of uniformed medical personnel, the Defense Department is evaluating whether medical facilities should be closed down, and many service members and beneficiaries are concerned. I fear that these changes may damage the military health system and that these profound changes will happen without proper oversight by Congress. That is why I have asked for this subcommittee to hold a hearing on the status of military health reform. In addition, The Military Coalition, a consortium of organizations representing 5.5 million service members, veterans, their families and survivors, recently wrote to the subcommittee urging the committee to hold a hearing on military health reform. Madam Chairwoman, I ask that The Military Coalition's letter be made a part of the record. I urge the subcommittee to have a hearing on military healthcare reform prior to the National Defense Authorization Act markup so that Members can address these important issues.

"While I look forward to hearing the witnesses today discuss the Feres doctrine, I also want to learn more about your medical experiences and what we can do to make sure these failures don't happen to any other service members. With the military healthcare reforms currently underway, we have a rare opportunity to fix many of the problems you encountered, so I look forward to your testimony, and I thank you all for discussing this very important subject.

"With that, I yield back."
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