Sailors assigned to the U.S. Navy hospital ship USNS Comfort (T- AH 20) treat a patient in casualty receiving aboard the ship. (U.S. Navy/Mass Communication Specialist 2nd Class Stephane Belcher)
The 2020 National Defense Authorization Act would allow service members to seek compensation when military doctors make mistakes that harm them, but they would still be unable to file medical malpractice lawsuits against the federal government.
On Monday night, Congress announced that it had finalized the NDAA, which must be passed by the House and Senate before going to President Donald Trump. If the president signs the NDAA into law, it would mark the first time in nearly seven decades that U.S. military personnel have had legal recourse to seek payment from the military in cases of medical malpractice.
(Task & Purpose photo illustration by Paul Szoldra)
Jordan Way was living a waking nightmare.
The 23-year-old sailor laid in bed trembling. At times, his body would shake violently as he sobbed. He had recently undergone a routine shoulder surgery on Dec. 12, 2017, and was hoping to recover.
Instead, Jordan couldn't do much of anything other than think about the pain. Simple tasks like showering, dressing himself, or going to the bathroom alone were out of the question, and the excruciating sensation in his shoulder made lying down to sleep feel like torture.
"Imagine being asleep," he called to tell his mother Suzi at one point, "but you can still feel the pain."
To help, military doctors gave Jordan oxycodone, a powerful semi-synthetic opiate they prescribed to dull the sensation in his shoulder. Navy medical records show that he went on to take more than 80 doses of the drug in the days following the surgery, dutifully following doctor's orders to the letter.
Instinctively, Jordan, a Navy corpsman who by day worked at the Twentynine Palms naval hospital where he was now a patient, knew something was wrong. The drugs seemed to have little effect. His parents advised him to seek outside medical advice, but base doctors insisted the drugs just needed more time to work.
"They've got my back," Jordan had told his parents before the surgery, which happened on a Tuesday. By Saturday, he was dead.