Ftca Question

[Blessedmom]

Good Afternoon

I have just a quick question about FTCA statue of limitations. I have read two different things concerning the statue of limitations.

1. The statue of limitations is 2 years. Does this two year include actually sueing the government after they have, for example, denied or did not respond to the SF 95? Somewhere I read it did. But my understanding from all the other readings is this --if an act occurred on June 2009 then you have until June 2011 to sumbit an administrative claim SF 95. Please let me know if I am right or wrong. I tried finding the actually law written on it, but could not find it mentioning the 2 year frame. I am still wanting for my lawyer to submit paperwork. My husband passed in June 2009. Do I have until June 2011 to submit the SF 95? Then the government has 6 months after that to respond.

Thanks so much

[carlie]

That was Funny Carlie!!!! LOL

The VA wished it DID mean s--t out of luck for all FTCAers.

I am trying to stop talking here in acronyms but it is Very hard to do!

This was kind of like ED.

ED = Effective Date or ED = Erectile Dysfunction.

There are actually quite a few like this. I figure if someone doesn't know

the acronyms, they will ask and learn and hopefully begin using them also

as it saves posting time and is a bit easier.

[Blessedmom]

Hi Berta and Carlie

Thank you so much for your reply. I really have no idea what is going on with the case of my husband. The funny thing is I have 2 sets of lawyers. This particular firm my in laws had contacted does not handled FTCA cases. (I was unaware of this until later--(long story). Anyway, the lawyer over there have been very nice and helpful to me. He decided to research and call around for a good lawyer/law firm for me. Everyone pointed in the direction of this particular law firm which handles FTCA cases and was good. They decided they was going to look into the case. They found a doctor who would testify in court that they believe it was malpractice. This doctor told them they needed to find another doctor also. So basically it would be 2 doctors testifying and not one. They was on the seach for the second doctor. The second doctor said that he did not believe it was malpractice. The law firm did not give up and decided to look again for another doctor. They did find one. So basically there are 2 doctors whom will testify that they believe it was malpractice. This took about a 10-11 months. Now I have signed the contract and waiting for them to sign. It has been about 6 weeks now. It is just a little frustrating because it does not seem like it is moving. To answer your question Berta, (sorry, I wanted to give you the meat of it first), they do have all the records and x rays. I got all of them myself from the VA and forwarded to the lawyers. I feel I am stuck. So basically, my lawyer is signed on as a co-consuel with the other firm. I hope that make sense. I do not know what to do except wait.

Thanks

[Blessedmom]

Oh, by the way, what is SOL.

Thanks

[carlie]

Hi Berta and Carlie

I feel I am stuck. So basically, my lawyer is signed on as a co-consuel with the other firm. I hope that make sense. I do not know what to do except wait.

Blessed,

Just so you know and they don't swindle you - only one can get paid and I guess it would be up to

that one to pay any funds to the other one.

Also, this is taxpayer money and they are capped at either 20 or 25 %, I don't remember which.

Get a fishing pole or take up knitting as this will not resolve quickly.

When the claim is filed in Federal Court the judge will probably order mediation.

JMHO

[Blessedmom]

Hi Carlie

Thanks for the added info. Oh, I just saw what SOL state for --statue of limitations.'

Thanks again

[Berta]

It sounds like your evidence is excellent and the lawyers are doing their job.

Have you formally filed a Section 1151 claim yet or have they advised you not too?

One thing about 1151 claims when a FTCA is also filed--- there are offset provisions in the regulations- VA will not pay twice for malpractice.*

However I legally circumvented part of that regulation-because of my legal standing regarding the Surrogate's office here in NY- there is a lot to all the nuances of FTCA-your lawyers will advise you on all that if you do succeed in 1151 claim as well as FTCA.State laws can come into play-etc etc.

*

Years after I settled with VA I found additional malpractice.

The additional malpractice condition was DMII from AO (Vietnam)

I could not file another FTCA charge-they only award once under FTCA and 1151.

It took me days to shape the claim to make sure they could not reject it on a double dip basis.

I had to word it very carefully.

I proved it was in fact a AO disability that caused my husband's death that through their already admitted malpractice -should not have occurred.

There is no other claim like mine.

Any FTCA death should also be considered for direct SC potential.

FTCA should be filed first but years later evidence could turn up that would also support a direct SC death finding.

In any case like that they MUST refund the offset they withheld.

I would be quite willing to offer my OGC contact info and letters to the OGC to anyone out there in similiar circumstances if the VA refused to refund their offset.

I would even call the OGC myself for them if that would help-

After my award letter came for direct SC death- trumping the 1151 award-it took VA almost an additional year of argument with me to refund my offset.

This was unconscionable and no one else should ever go through that.

Then again the OGC never had a case like mine before.They remember it well now however.