Law Offices of David P. Sheldon, PLLC Files D.C. Circuit Appeal Challenging DoD Rule That Bars Shipboard Military Medical-Malpractice Claims
When a service member is deployed at sea, medical care is not optional. The military medical department aboard the ship is often the only available source of treatment. A new appeal filed in the U.S. Court of Appeals for the District of Columbia Circuit asks whether the Department of Defense may nevertheless deny a military medical-malpractice claim simply because the care occurred aboard a ship.
The Law Offices of David P. Sheldon, PLLC represents Plaintiff-Appellant Derrick Luckey in Luckey v. Hegseth, No. 26-5094. On June 30, 2026, the firm filed its principal appellate brief seeking reversal of the District Court’s dismissal of Mr. Luckey’s challenge to the Department of Defense’s denial of a claim arising from the death of his daughter, Navy Seaman Danyelle Luckey.
According to the filing, Seaman Luckey became seriously ill while deployed aboard the USS Ronald Reagan in October 2016. The brief alleges that she repeatedly sought treatment through the ship’s medical department as her condition deteriorated, and that she later died after allegedly inadequate medical care aboard the vessel. The appeal does not ask the D.C. Circuit to determine whether medical malpractice occurred. Instead, it asks whether the Department of Defense may prevent the claim from being reviewed under the statutory process Congress created for military medical-malpractice claims.
At issue is the SFC Richard Stayskal Military Medical Accountability Act, codified at 10 U.S.C. § 2733a. The law permits certain administrative claims by service members, or authorized representatives on their behalf, when medical malpractice occurs in a covered military medical treatment facility. The appeal argues that the Department of Defense’s implementing regulation, 32 C.F.R. § 45.5(b)(2), unlawfully excludes medical care provided aboard ships from that process.
The firm’s filing maintains that Congress did not create a blanket exemption for ships. It argues that a naval medical department providing care to thousands of deployed service members, in a setting where civilian medical care is unavailable, should not be treated as outside the reach of a law intended to provide accountability for military medical negligence.
The appeal also raises a separate issue involving the deadline for filing a claim. The governing regulation incorporates a discovery rule, providing that a claim accrues when a claimant knew, or reasonably should have known, of both the injury and that malpractice was a possible cause. Mr. Luckey’s filing argues that the Department of Defense failed to apply that rule fairly where official records initially identified his daughter’s death as resulting from natural causes and an independent expert opinion later identified alleged medical negligence as a possible cause.
The District Court dismissed the case on January 29, 2026, concluding that the Military Claims Act’s finality provision barred judicial review. The appeal asks the D.C. Circuit to apply the established exception permitting review when an agency has misconstrued governing law, departed from important procedural protections, or committed an error that goes to the heart of the administrative determination.
“Service members deployed at sea cannot simply choose another hospital when military medical care is the only care available,” said David P. Sheldon, founder of the Law Offices of David P. Sheldon, PLLC. “Congress created a pathway for accountability in military medical malpractice matters. This appeal asks whether that pathway can be closed simply because the care occurred on a ship.”
The questions raised by Luckey v. Hegseth extend beyond one family. Service members receive medical care in operational settings every day, aboard ships, in aircraft, during deployments, and far from civilian hospitals. The outcome may help define whether the protections Congress established for military medical-malpractice claims apply where military medicine is most essential and least replaceable.
The Law Offices of David P. Sheldon, PLLC will continue to advocate for meaningful accountability, fair administrative process, and access to justice for service members and families affected by alleged failures in military medical care.
About the Law Offices of David P. Sheldon, PLLC
The Law Offices of David P. Sheldon, PLLC represents service members, veterans, federal employees, and their families in complex military, federal administrative, appellate, and constitutional matters. The firm advocates for clients facing high-stakes issues involving military justice, military medical care, records corrections, disability matters, federal employment, and government accountability.
Disclaimer
This article is provided for general informational purposes only and does not constitute legal advice. It describes allegations and legal arguments contained in a pending appeal. No court has determined that medical malpractice occurred in this matter, and past results do not guarantee a similar outcome in any future case.