Veteran Wins Malpractice Claim Against the VA

This summer the VA finally had to pay for one of its mistakes.

We represented veteran David C. in a medical malpractice claim against the VA under the Federal Tort Claims Act. Following a heart surgery, David developed an infection after receiving poor wound care at a VA facility in Kansas. VA employees actually removed his wound v.a.c. against the device's recommendations. The infectious discharge from his wound built up and spread to his sternum. He had to undergo additional surgeries and wound up sidelined for months recuperating in a medical facility hooked up to IV antibiotics. His business floundered while he sat in a nursing home.

Our office represented him. We found the medical evidence needed to successfully establish negligence on the part of the VA Medical Center. We were able to obtain a six-figure settlement on his behalf.

We were also able to help David obtain additional VA compensation for the depression he suffered after going through what should have been an avoidable near-death experience and six-month stay in a nursing home. Compensation was obtained through Section 1151, a statute that permits a veteran to obtain VA disability compensation for permanent conditions that result from the VA's carelessness, negligence, or failure to obtain informed consent.  Section 1151 claims are notoriously difficult to win, so we are proud that David was able to obtain them in addition to his settlement.

David asked that I share his story so that other veterans realize that you can fight back.