HERO Act

Summary

Creates a federal cause of action allowing members of the uniformed services to sue the United States for personal injury or death caused by negligent or wrongful medical, dental, or related health care (including clinical studies) provided at covered military medical treatment facilities. Awards are payable against the United States (not individual employees), cannot be reduced because of VA benefits or Servicemembers’ Group Life Insurance, and are subject to a 10-year discovery-based statute of limitations with special rules for pending administrative claims. The Attorney General must report to Congress on filed claims every two years.

• Allows service members to sue the United States for negligent or wrongful medical, dental, or related health care at covered military medical facilities.
• Claims are exclusively against the United States; individual employees are shielded when acting within scope of employment or at Government direction.
• Awards cannot be reduced by VA benefits or Servicemembers’ Group Life Insurance proceeds.
• Imposes a 10-year discovery-based statute of limitations, with transition rules for claims pending under the prior law.
• Excludes application of certain FTCA exceptions (28 U.S.C. § 2680 subsections (j) and (k)) to these claims.
• Injuries occurring abroad will be subject to choice-of-law rules tied to the claimant’s State domicile as described in the text.
• Requires biennial Attorney General reports to Congress on claims filed, starting within two years of enactment.
• Repeals the prior statutory provision and creates a new chapter in Title 28 to house the claims authority.