FTCA Federal Tort Claims Action

150 questions in this forum

1. OGC lawyer will not give me any info on my claim.

   Hi my sf95 was accepted 12/2017. I had been emailing my GC lawyer but he sends a one sentence response maybe every 10 emails. I sent an email in Feb 2019 in which the lawyer stated he should be done with my case next week. This was almost 2 months ago. I called the OGC in Washington about 2 weeks ago I was told I was still in peer. Is there anyone that I can speak to to get more info. This is so frustrating.

   Asked by Navycutee, March 28, 2019

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3. FTCA SF 95 Pro Se...

   I have been granted 60% additional disability rating (not to worry, I was already at 100% prior to filing the 1151 claim). I am now about to file the SF 95 along with evidence... I am SO confused as to where to physically mail the SF 95 and evidence! Treated at Togus VAMC. Live in Maine... Thanks, G

   Asked by maine1963, February 1, 2019

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   19 answers
4. Wrongful Death- FTCA and 1151

   If a surviving files under both FTCA ( the regulations are here in this forum) and also under Section 1151, 38 USC- and their claims succeed, there is an offset factor that is explained here- regarding the negotated settlement and offset amunt that is determined at the Distrrict counsel level or at the OGC in DC. I often see the full offset of the settelement regarding any 1151 DIC award. in BVA denials of DIC under 1151. I negotiated with OGC directly- for far less of an offset that the full amount- The benefit of filing both FTCA and 1151 is this- the USA does not state in the settement , what the VA actualy did to cause the wrtngful death. In my 1151 …

   Asked by Berta, January 1, 2019

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5. FTCA

   Local V.A. failed to diagnose my Graves' Disease for several years even though I clearly had documented symptoms and blood work that showed thyroid dysfunction. They blamed the symptoms on other things, and just totally ignored the blood work. Graves' Disease is not that bad of a disease if detected and treated, but if left untreated it does all kinds of damage to your entire body. Mine was left untreated for so long that it created what is known as a thyroid storm (very deadly) and heart failure. V.A. sent me home the day I was having the thyroid storm and heart failure. Told me I was just having panic attack. Local E.R. (civilian) saved my life a couple hours late…

   Asked by ericledusmc, December 12, 2018

   • 1151
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   9 answers
6. Vet Severely Disabled Due To Va Prescribed Meds

   Not sure If I have a case here, please advise. My husband started going to a VA Clinic in 2009. He was prescribed a drug called risperidone by a psych doc. After 6 months or so he began to shake, and had involuntary movements....not severe but noticeable. The drug was not effective so they kept raising the dose.....over time his involuntary movements became worse. We went to a C&P exam in 2010 for a schizophrenia claim and it was mentioned in the exam report that he had Tardive Dyskinesia.....a involuntary movement disorder brought on by the meds he was prescribed....this was the first time that I was made aware of his condition. I ordered his treatment notes a…

   Asked by silke, March 23, 2013

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7. This could happen to you

   This is a very unusual story-I am contacting his attorney because I dont know what kind of settlement he got- maybe he appealed the 1151 denial. We had a widow here about a year ago, in the same predicament. She was trying to file for wrongful death of her husband but VA said the doctor was not a VA employee, but a private contractor-working for the VA. When I FTCAed them I made sure that all of the doctors who malpracticed on my husband were definitely VA employees. “Still, Brian was hopeful because he said the new VA attorney handling his tort claim told him that a financial settlement was likely - and that an expert for the VA concluded his primary care …

   Asked by Berta, October 10, 2018

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   107 answers
8. Are you a FTCAer who settled with the VA since 1987

   If so have you ever checked your state data bank of disciplined doctors and other practitioners to see if the VA providers who caused the settlement had been reported to the National Practitioners Data Bank?

   Asked by Berta, October 6, 2018

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9. Odd lawsuit against a RO Director

   https://www.theadvertiser.com/story/news/2018/08/17/vietnam-veteran-files-federal-lawsuit-against-louisiana-va-office-director/1000004002/ It isn';t FTCA but I put it here anyhow- this vet must have had the worse vet rep or VSO that ever lived- or he and his wife did not properly prepare the claim. Why they want to give up on the comp is beyond me-but there are few details in this story.

   Asked by Berta, August 18, 2018

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   2 answers
10. Put in the admin claim today

    Ok I feel I really have a case for 4 yr the director of the vr&e has held medical devices from me that were grant. They were aware of the problem I was have cooking feeding myself I have lost over 15lbs I take vitiam b12 shots my health has gone down have medical proof of this. Progarm is to keep track of your health and make report never don The program can last 24 months it been 4 yrs what is they puting in computer. I have email with the regional drictor about this. 4 yr ilv I got a box of railing from hospital and ilv never would put them into my house. I moved out my own house because I could handle thing ilv was aware not one referr…

    Asked by Mr cue, July 23, 2018

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    24 answers
11. Update to FTCA info here

    FTCA recently was discussed briefly in the Claims Research forum.Vet reps and VSOs do not handle FTCA cases. If the FTCA regards a possible wrongful death of a veteran, a strong independent medical opinion will be needed. Not required, but needed because the VA will fight the case aggressively. Anyone who obtains a strong IMO of wrongful death due to VA malpractice, by a doctor who had done a full review of all of the deceased veteran's VA care (and any private records) and who is able to give a strong medical rationale of the negligence/malpractice and how it caused or significantly contributed to the veteran's death will have no problem seeking a malprac…

    Asked by Berta, January 3, 2017

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    1 answer
12. Remember the veteran with the scalpel.

    His attorney pretty much losing the case for him because the attorney is inexperienced. https://scholar.google.com/scholar_case?case=6651099112084686325&q=ftca+veteran&hl=en&scisbd=2&as_sdt=6,34 This isn't the 1990's anymore. The VA made the news for settling too many claims, so they are not settling unless you prove your case. If you don't know how to file your SF-95 then you are screwed. Even an attorney can mess up. You have 6 months to file a lawsuit after it is denied by the VA. You use up 3 months and the US attorney uses up 2 months and the judge uses over 1 month for the order, then you are out of time to file another…

    Asked by Solo, July 14, 2018

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    1 answer
13. SF 95 first step in FTCA

    In light of the Fayetteville pathologist malpractice snafu, Jerrel Cook ( our radio show producer) and I discussed whether any affected veteran should file an SF 95 right away- I have been emailing some vet lawyers to get their take on that- this Fayetteville situation is worse than any past similar VA problems...except maybe for the Phoenix crap- The SF 95 must be prepared properly. This article gives some info on that : https://community.hadit.com/topic/2337-filing-a-tort-claim-1151-claim/ I studied all FTCA law before I filed mine-late December 1995-with some of my medical evidence attached to it .The Regional Counsel (now called District Counsel…

    Asked by Berta, June 27, 2018

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    16 answers