Posts Tagged ‘VA lawsuit’

Supreme Court Denies Veterans Ability To Sue Over Claims Backlog

Thursday, October 14th, 2010

Just about everyone, include the Department of Veterans Affairs (VA) themselves, is fed up with the length of time it takes to process a disability claim. VA Sec. Eric Shinseki continually mentions the mounting backlog and how the VA must eliminate it within a certain time frame. Yet, veterans are still waiting inordinate amounts of time to have their claims processed or to go through an appeals hearing. Having had enough, two veterans groups attempted to sue the VA to make them pick up their pace.

The U.S. Supreme Court denied the veterans their ability to continue with their suit, however. The Vietnam Veterans of America and the Veterans of Modern Warfare sued the VA to force quicker disability claims processing not just for its members but for all veterans. The groups referred to the VA’s claims processing as a “Byzantine system of procedural hurdles.” Their frustration stems from initial claims sometimes taking over a year to process. Further, they claim the appeals process can take up to 5  years to complete.

Their suit focused solely on the length of the time it takes to process disability claims. Although the two groups stopped just shy of making a direct correlation between the two, they did bring up the amount of veterans losing their homes due to foreclosure, suffering mental and physical health issues, and enduring divorce because of delays in their brief to the high court.

Had the veterans groups had their way, the VA would be mandated to respond to initial claims within 90 days and resolve all appeals within 180 days. The Supreme Court’s position upholds the decision by the D.C. Circuit Court of Appeals, which held the veterans had no standing to file the lawsuit. In federal court a plaintiff cannot have standing by alleging injury to another party.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.

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Patient Sues VA Hospital for $15 Million

Monday, August 23rd, 2010

On the morning of August 30, 2005, Richard Kellar believed he was in the best hands as he went to the Denver Department of Veterans Affairs (VA) Hospital for a triple-bypass surgery. Kellar came out of surgery, however, with a surgical clamp about the size of a large paper clip left behind his heart. Chief. U.S. District Judge Wiley Y. Daniel is overseeing the federal trial now underway.

Kellar was offered a $100,000 settlement before trial even started. He rejected it, however, because he didn’t feel it was enough money to compensate him given both his medical and financial issues and is now seeking $15 million.

According to Kellar’s testimony, the surgeons knew the surgical clamp was missing at the end of the surgery but failed to notify him it could have been left inside his chest.

The clamp was eventually discovered during an MRI at Sky Ridge Medical Center in 2006. Kellar was told to return to the Denver VA Hospital where he underwent a fluoroscopy to inspect his chest. Examining doctors told Kellar the surgery required to remove the clamp was too risky but it should cause no harm as it was embedded in the muscle. This didn’t ring true as Kellar was experiencing various physical problems he blames on the presence of the clamp:

  • Shooting pains in his head and neck; and
  • Numbness in his hands.

U.S. Attorneys questioned whether these ailments existed prior to the clamp being left in his chest. This is only one of the issues the Judge must decide and the trial is expected to conclude soon.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.

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Paralyzed Veteran’s Lawsuit Dismissed After Missed Filing Deadline

Tuesday, June 15th, 2010

Samuel McCullough scheduled a surgery at the James A. Haley Department of Veterans Affairs (VA) in Tampa, FL. Three days prior to the surgery McCullough showed up to the VA hospital suffering from severe pain in his neck and upper back. A doctor prescribed a pain killer and a muscle relaxant. The next day he returned complaining of the pain having worsened. The treating doctor took note of his fever, prescribed another pain killer, and sent him home.

The next day McCullough showed up for his hernia surgery. A few days later, McCullough was rushed to another hospital’s emergency room with a fever and paralysis of his limbs. McCullough was diagnosed with a bacterial infection that caused a spinal abscess. 10 days following the hernia surgery McCullough was a quadriplegic.

Eventually he sued the VA hospital under the claim their failure to discovery and properly diagnose the abscess lead to his paralysis. He further claimed performing the hernia operation made an already bad situation worse.

Unfortunately for McCullough, he waited over 2 years to file his lawsuit after being told his abscess caused his paralysis. Accordingly, the District Court dismissed McCullough’s lawsuit as untimely.

Judge Beverly Martin of the 11th Circuit Federal Appeals Court in Atlanta unenthusiastically agreed with the lower court’s decision. That McCullough missed his filing deadline and allowed the Statute of Limitations to run on his claim is unfortunate but the court had no ability but to affirm the lower court.

Learn more about McCullough’s lawsuit against the VA for their failure to detect a crucial abscess prior to his surgery.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.

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Daughters Suing VA Over Death Of Veteran Father

Thursday, February 25th, 2010

On January 4th Ernest Moody wandered away from the Northeast Louisiana War Veteran’s Home in his wheelchair. Mr. Moody left the VA home early in the morning without anybody noticing he was missing.

Mr. Moody was able to make it out of the VA home and across an Interstate where  his wheelchair and shoes were found. An employee of a local business attempted to contact the VA home but there was no answer. Finally, the employee went to the VA home where it was discovered that Mr. Moody was indeed missing. Upon returning to his store, the employee found Mr. Moody sitting in a pecan grove.

The temperature that morning was approximately 25 degrees with rain, sleet, and snow. Mr. Moody eventually died on January 6th. Mr. Moody’s two daughters are now suing the VA home.

Mr. Moody was at the VA home for physical therapy. One of the daughters said she visited the home and found Mr. Moody “very soiled.” While she was attempting to tend to him, she stated he was too weak to even get up and walk. The next day Mr. Moody went missing.

VA security cameras show Mr. Moody walking out of the back door of the home. Both daughters allege in their suit they were told there were no cameras. The VA home’s administrator said he was alerted approximately 45 minutes after Mr. Moody was missing and searched the home as well as the pecan grove where Mr. Moody was found.

The daughters are suing for an undisclosed amount of money based on the negligence of the VA home along with several other allegations. The home’s administrator is also a named defendant in the lawsuit.

Learn more about this negligence  lawsuit against the Northeast Louisiana War Veteran’s Home.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, contact LaVan & Neidenberg. You may be entitled to certain programs and benefits so contact our veterans disability rights firm today.

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