I know this is in Berta's wheelhouse: I am receiving 100% TDIU (90% SC w/remaining based on IU) since 2014.
Saw an APRN from 2010-2016. In that time they (APRN/MD) prescribed Lorazepam at first 2mgs (1mg twice a day). Had already fought VA solo for a decade in getting the diagnosis for SC PTSD and GERD back-dated and had tried a laundry list of prescribed meds but had had no luck. I was asking the APRN repeatedly about dependence on the Lorazepam, side-effects, etc...all documented. Was even told in a C&P by a PhD that the drug is "not addictive." I was told repeatedly the importance of "medication compliance" by the APRN.
Despite my life spiraling, all documented, the APRN kept prescribing. I even asked the dosage to be reduced. I never had a face-to-face with the MD as required by APRN/MD protocol in all that time. I had gained thirty pounds, was drinking heavily, was forced to sell a self-started business due to IU, and deaths of significant others, etc...all things that should have likely prompted a sit-down with the prescribing MD.
Fastforward to just-prior-to Christmas 2016 I received a letter stating I was being reassigned to a new MD. Within seconds of our meeting the MD had already stated he had not read my chart and then proceeds to just berate me stating "I was an addict...look at you." I sit forward in a chair to hear. He would have known that if he would have simply read my chart. I held my tongue and just let him spew. He then states if I continue taking the drug I will "end up in a nursing home." In the same sentence, while essentially yelling at me, he says if you stop taking it you will "drop dead from a seizure." To say I was stunned would be an understatement. I said nothing.
I had been told for the past six years that this medication was a "wonderdrug" for me and I was told by the APRN to remain "compliant" in taking the med. I am not an addict by the way. I was someone that had taken a drug EXACTLY as prescribed for over six years while being assured and reassured by an APRN that it was nothing but beneficial for me. All documented. I was never told this drug was life-threatening. Again, I never abused Lorazepam only taking it as prescribed.
I had heard enough from this MD, also the Chief-of-Staff of the clinic; I asked him "if this medication is so dangerous then why have I been prescribed it for so long?" His response still resonates with me. I think at that moment he realized HE was the doctor signing-off on the APRN requests for that length of time...but he didn't stop talking. I knew that he was the MD before we ever met that day. His name was on every bottle filled. He admitted he "likely was the doctor signing-off" and "he had so many patients he just signed-off on the APRN requests." What?! His facial expression was priceless when the reality of what he was telling me hit him; he immediately began to throw the NP/APRN under the bus saying "she had a history of over-prescribing." He was incredibly rude, brazen, and unapologetic in his admisson. He even put in my progress notes from that day that my taking a half of a half of a 1mg Lorazepam as needed was my "attempt to ween myself." This was untrue at the time and I feel was a vain attempt to cover himself somehow.
I reported everything that was said to the patient advocate...her response..."you caught him." I have since discontinued the med not without horrible withdrawls and am now having uncontrollable muscle movements with my right hand curling inward with fingers locking rigidly, memory loss and gait/balance issues. I am obviously "unemployable" as well. The MDs attempt to taper me from the medication was questionable as well...he told me to "only take it if I need it" instead of a proper taper. The patient advocate and her supervisor have mentioned the Form 95 and my Rights.
During the time I was on the medication I was in Chapter 31/35 Voc Rehab. I experienced just about every form of employment discrimination there is as a first-year teacher.That's a nightmare by itself. Just to put this out there...EEOC is a joke. I disclosed my hearing impairment prior to being hired on a pre-employment checklist, which is an illegal inquiry by the way. When I had a simple disagreement with an Assistant Principal about a collateral duty he placed me outside from Nov-Feb next to a running industrial-sized generator. When I requested to be moved I was ignored. EEOC opined not only was this normal but even allowed the opposing attorney to claim I had "never disclosed nor was disabled" despite having written proof. EEOC even allowed the opposing and one of its own directors to question my military service. I was forced to resign. I hope that hits home for folks on this forum. If EEOC can scoff at my military service and a VA SC disability then what does that say about their REAL view of ADA/ADAAA, veterans, and SC disabilities? I can't get a teaching interview due to retaliation from my former employer; EEOC is aware but refuses to even open mail from me. Again, EEOC apparently does not care about some veterans. I filed in Federal Court pro se when no attorney had the brass to represent me.
Instead of VA Voc Rehab advocating for me, which they are required to do by statute, and helping me keep my job for a very specific disability disclosure prior to being hired as a teacher, they (VA) simply deemed me "unemployable." All the while they were prescribing a med that was obviously making my SC disability much worse--obviously hindsight helps here. The two MDs I have seen since 2016 both agree that not only was the dosage excessive, too prolonged, but most importantly that given my pre-existing SC of PTSD the expectation of very specific outcomes should have been expected. See Laskowski v US (Dondershine opinion).
According to my own research since the FDA has no clinical studies past several months for Lorazepam much less six plus years...further FDA states very clearly that in certain patients, PTSD symptoms could/will be compounded.
I have spoken with several attorneys that claim to handle FTCA cases. So far the majority only are interested in "catastrophic injury" cases. Considering I am faced with possible lifelong issues related to this med and a complete lack of accountability between APRN/MD is this FTCA material? I have read the Laskowski v US case which seems similar despite me not being a criminal. I do have a face-to-face appointment with an attorney in about a week. Any suggestions/thoughts would be helpful in pursuing my case.
Question
Flyby
I know this is in Berta's wheelhouse: I am receiving 100% TDIU (90% SC w/remaining based on IU) since 2014.
Saw an APRN from 2010-2016. In that time they (APRN/MD) prescribed Lorazepam at first 2mgs (1mg twice a day). Had already fought VA solo for a decade in getting the diagnosis for SC PTSD and GERD back-dated and had tried a laundry list of prescribed meds but had had no luck. I was asking the APRN repeatedly about dependence on the Lorazepam, side-effects, etc...all documented. Was even told in a C&P by a PhD that the drug is "not addictive." I was told repeatedly the importance of "medication compliance" by the APRN.
Despite my life spiraling, all documented, the APRN kept prescribing. I even asked the dosage to be reduced. I never had a face-to-face with the MD as required by APRN/MD protocol in all that time. I had gained thirty pounds, was drinking heavily, was forced to sell a self-started business due to IU, and deaths of significant others, etc...all things that should have likely prompted a sit-down with the prescribing MD.
Fastforward to just-prior-to Christmas 2016 I received a letter stating I was being reassigned to a new MD. Within seconds of our meeting the MD had already stated he had not read my chart and then proceeds to just berate me stating "I was an addict...look at you." I sit forward in a chair to hear. He would have known that if he would have simply read my chart. I held my tongue and just let him spew. He then states if I continue taking the drug I will "end up in a nursing home." In the same sentence, while essentially yelling at me, he says if you stop taking it you will "drop dead from a seizure." To say I was stunned would be an understatement. I said nothing.
I had been told for the past six years that this medication was a "wonderdrug" for me and I was told by the APRN to remain "compliant" in taking the med. I am not an addict by the way. I was someone that had taken a drug EXACTLY as prescribed for over six years while being assured and reassured by an APRN that it was nothing but beneficial for me. All documented. I was never told this drug was life-threatening. Again, I never abused Lorazepam only taking it as prescribed.
I had heard enough from this MD, also the Chief-of-Staff of the clinic; I asked him "if this medication is so dangerous then why have I been prescribed it for so long?" His response still resonates with me. I think at that moment he realized HE was the doctor signing-off on the APRN requests for that length of time...but he didn't stop talking. I knew that he was the MD before we ever met that day. His name was on every bottle filled. He admitted he "likely was the doctor signing-off" and "he had so many patients he just signed-off on the APRN requests." What?! His facial expression was priceless when the reality of what he was telling me hit him; he immediately began to throw the NP/APRN under the bus saying "she had a history of over-prescribing." He was incredibly rude, brazen, and unapologetic in his admisson. He even put in my progress notes from that day that my taking a half of a half of a 1mg Lorazepam as needed was my "attempt to ween myself." This was untrue at the time and I feel was a vain attempt to cover himself somehow.
I reported everything that was said to the patient advocate...her response..."you caught him." I have since discontinued the med not without horrible withdrawls and am now having uncontrollable muscle movements with my right hand curling inward with fingers locking rigidly, memory loss and gait/balance issues. I am obviously "unemployable" as well. The MDs attempt to taper me from the medication was questionable as well...he told me to "only take it if I need it" instead of a proper taper. The patient advocate and her supervisor have mentioned the Form 95 and my Rights.
During the time I was on the medication I was in Chapter 31/35 Voc Rehab. I experienced just about every form of employment discrimination there is as a first-year teacher.That's a nightmare by itself. Just to put this out there...EEOC is a joke. I disclosed my hearing impairment prior to being hired on a pre-employment checklist, which is an illegal inquiry by the way. When I had a simple disagreement with an Assistant Principal about a collateral duty he placed me outside from Nov-Feb next to a running industrial-sized generator. When I requested to be moved I was ignored. EEOC opined not only was this normal but even allowed the opposing attorney to claim I had "never disclosed nor was disabled" despite having written proof. EEOC even allowed the opposing and one of its own directors to question my military service. I was forced to resign. I hope that hits home for folks on this forum. If EEOC can scoff at my military service and a VA SC disability then what does that say about their REAL view of ADA/ADAAA, veterans, and SC disabilities? I can't get a teaching interview due to retaliation from my former employer; EEOC is aware but refuses to even open mail from me. Again, EEOC apparently does not care about some veterans. I filed in Federal Court pro se when no attorney had the brass to represent me.
Instead of VA Voc Rehab advocating for me, which they are required to do by statute, and helping me keep my job for a very specific disability disclosure prior to being hired as a teacher, they (VA) simply deemed me "unemployable." All the while they were prescribing a med that was obviously making my SC disability much worse--obviously hindsight helps here. The two MDs I have seen since 2016 both agree that not only was the dosage excessive, too prolonged, but most importantly that given my pre-existing SC of PTSD the expectation of very specific outcomes should have been expected. See Laskowski v US (Dondershine opinion).
According to my own research since the FDA has no clinical studies past several months for Lorazepam much less six plus years...further FDA states very clearly that in certain patients, PTSD symptoms could/will be compounded.
I have spoken with several attorneys that claim to handle FTCA cases. So far the majority only are interested in "catastrophic injury" cases. Considering I am faced with possible lifelong issues related to this med and a complete lack of accountability between APRN/MD is this FTCA material? I have read the Laskowski v US case which seems similar despite me not being a criminal. I do have a face-to-face appointment with an attorney in about a week. Any suggestions/thoughts would be helpful in pursuing my case.
Thanks,
FLYBY-USMC SAR
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