marielovesashley

I discovered it is not a collective action against the VA It's from: Sightings from The Catbird Seat

Hi Berta, Please allow me to ask what could be a stupid question: Is it possible that I don't need to hire an attorney because HOPE YEN, ASSOCIATED PRESS WRITER included me in the: Investigators review VA credit charges http://blog.360.yahoo.com/blog-.nv5DWs8erS...93gBjAe_?p=1523 Published about 25% of their link at: http://www.kycbs.net/VA.htm Maybe it is a collective action against the VA? I had to ask. marie4ashley

Yes, yes, yes, Berta my husband was treated by a VAMC and that is why the Director of VAMC replied to my Congressman - how could it be otherwise? I am sorry, I also have to deal with Immigration and all I have in US is problems. I get my VA pension of 624$ so it is not about that. I would like to get the IMO but I don't have the money for now so I could not substantiate medical proof of malpractice from an Independent medical professional to support the claim. But I just sent an email to Dr. Bash anyway. I wrote a long letter to the Congressman McHugh and then he contacted the Director of a VAMCThere is no representant here where I am and I am by bike or foot because no green card. and the director of VAMC replied on April 5th, 2007 like I said. Your question: Did you have a denial already from the BVA on the Section 1151 claim? The answer is: no. So that means that in the meantime, I'll do what I can as usual because it is all I can do. Thank you.

Hi, Well, I think I'll get a bad confirmation so please take your time to reply to this one. Ok I am hunting for attorneys since my husband's death and this last time was my my third big sprint. Among all these attorneys I hunt right after my Ashley's death, none of them cared enough to tell me that I only had 2 months left to appeal because all they cared about is to tell me that they were not accepting my case - I just got this bad new June 18, 2008, 9:19 PM . From my understanding, I think that an answer from the Director of a VAMC (because I complained to the Congressman about the poor care my husband received) be a good document to go ahead to fill for an appeal (and that would be equal to the BVA if I well understood the Chinese of an attorney) at the United States Court of Appeals for Veterans Claims but oh my good Lord, please help me to digerate and go throught that, I had only 120 days from April 5th, 2007, the date of the letter from the Director of the Department of Veterans Affairs Stratton Medical Center in Albany according to this: "If you have a final BVA decision, your appeal to the U.S. Court of Appeals for Veterans Claims (CAVC) must be filed at the Court within 120 days of the date of postmark mailing of your final BVA decision. That date of mailing is almost always the date of the BVA decision of denial" and my source is: Hugh D.Cox, Attorney at Law. I went thought so much distress, I feel I can not take it anymore so please take your time to give me answer but I need to know. Of course, if there is hope for appeal at I went through so much, I feel I can not take it anymore so please take your time to confirm that I am right to believe that the United States Court of Appeals for Veterans Claims is over for me. Of course, please let me know if I am wrong because that would mean that I literally need to hunt like insane an attorrney because 1 year and 1/2 elapsed since my dear late husband's death. Thank you. Marie4Ashley

In other words, if the attorneys would be as cooperative as you are, that would surely help - it's what I said in other words. I just have too much going on in my mind. I have the immigration business as well and if my life won't change soon, I think I will go for a better world sooner than expected. Thank you for your kind support. Marie

Well, I communicate with all these "wonderful" attorneys and nobody wants to help. So I am announcing that I'll try by myself (with no IMO because no attorney) and see where this will go.....because the biggest mistake would be to wait too long so I could not do anything at all. My husband died 1 year and 2 months ago. It's worth a try and if I won't succeed, at least I would have try. Thank you so very much for the support here. Marie

Well instead of it put this smiley so please know it is by accident even if I don't understand yet. I guess I hit the wrong key but I did not click on the arrow to get a smiley and this guy is not at the upper left of the screen so I really do not understand what happened. Marie

Dear Lisa and the Very Effective Fellows: First question: Does that mean that I have a case since he is referring me to another lawyer/attorney? (my bet is that if he would not believe that I have a case, he would not refer me but I need a confirmation pleeeeeeeeease because my emotions are a bit disturbed since I am hunting an attorney since April 2007 but I realized the main reasons why it did not work out yet while talking with Mr. Flora A) is that I was asking first "pro bono" and almost nobody is doing pro bono and; then I missed by the skin of the teeth the street while waiting to get my widow pension so of course the attorneys were not even able to talk to me on the phone and I lost their interest kinda pretty quick because they are not used to deal with an Immigrant having a hard time to top all of it off. (after 15 months and with Congressional help, I finally got my permanent resident card and I could not even drive my car without that thing) So here is his litteral reply to me: Dear Mrs. Buchanan: Thank you for providing a synopsis of your husband’s hospital admissions. Unfortunately this is not a case that my office is interested in handling. I am not expressing an opinion on the viability of the claim. I would suggest that you contact another lawyer to see if they will accept your claim. You might contact this lawyer who I know handles these types of cases. I do not know if he will accept your case but he might be willing to look at it. (Marie's words: lawyer's contact infos provided right here) Best of luck, John M.Flora Second question: Your quote: "You can file the Federal Tort Claim in either the state in which it happened or the state you reside". Thank God that I complained to U.S. officials in the midst of december 2006 and beginning of January 2007 and I got a reply to one of them because I think I had only three months to fill this claim and my time was already over in April 2007 when I first contacted you. Thanks to Berta who made me realize that because I was really feeling pretty bad about believing that I was toasted from head to toe and all over - it's enough to have my heart grilled - so Berta told me that I was fine. Again, thank you for your kind and effective help. Marie

Hi Lisa, Since you told me your maibox is full I wish to thank you for the information and the connection and I will follow your instructions. 71M10, please do not feel bad. Not only your intentions were good but also I think your advice is telling me to not expect too much from what I am about to do and this is a way to protect my heart. Thank you all to participated in a way or another. Oh Lisa, I forgot to say that my mother tongue is French and that is why sometimes I am typing backwards :) because to think in French is kinda backwards to English sometimes.

Tyler wrote: "Important question here, did VA discharge him or did he leave against medical advice(AMA)? If he left AMA you will have a much harder time proving VA malpractice". Here is what Marie-Helene Piche, Director from the Stratton VA Medical Center wrote to Congressman John M. McHugh on April 5th, 2007: "Rev. Buchanan presented to Stratton VAMC suffering from several liver related conditions that left him seriously ill. During his inpatient stay, Rev. Buchanan had extensive diagnostic workups but was not agreeable to further testing needed to determine his qualification as a candidate for liver transplant. Rev. Buchanan stated to staff his wish to have his care transferred to a VAMC in Florida and shought discharge". I don't want to comment at all what she said. This was further to a request I did to Congressman McHugh about 2 weeks after Ashley's death to investigate what happened to him. Here is the comments Congressman John McHugh sent to me about her letter on April 26th, 2007: "Enclosed please find a letter I have received from Ms. Marie-Helene Piche, the Director of the Department of Veterans Affairs Stratton Medical Center in Albany, which responds to my inquiry on your behalf regarding the treatment your husband, the Reverend Ashley Buchanan, received at that facility. I believe you will find her comments self-explanatory". Since Ashley sought discharge because of what he witnessed with his own eyes because he was scared (and for other good reasons like this big operation without any painkiller) then that means that I will have a much harder time proving VA malpractice, correct? Please confirm or infirm but from what I understand most likely you will tell me that I will have a much harder time to prove the VA malpractice. It is very sad and I am so sad I have almost no energy left. Speaking out wrote: "if he was discharged 4 days prior to his death". Not exactly Lisa. He sought discharge Nov. 22nd 2006 and he died Dec. 5th, 2006. What was 4 days after his discharge is that the top part of his body turned yellow (and his eyes) because his liver was shutting down. (I know the private hospital is another business but they did not even offer a dialysis even if I made the Congressman call the hospital on Dec. 2nd, 2006 and the dialysis center was part of the Massena Memorial Hospital at a couple of streets from where Ash was) I forgot to mention in details what happened 4 days after his discharge and I am sorry for the confusion. Thank you all for your kind help and attention. You did your best. Well even the money of the whole world would not compensate for the lost of my husband and I understand that it will be much harder time to prove the VA malpractice. When I lost Ash, I lost everything I had because Ash was the first person in my existence loving me. There is a justice - or in this life or after this life. With Kind Regards to the Vets working hard here. Marie

I am almost scared that I will scare Dr. Bash because it is looking that I scared off all the attorneys with my financial situation i.e. that I did not have a working permit and that I was receiving only the widow VA pension which is 610 per month. So here is how I thought to introduce myself and again I am scared to scare him off and not have help at all. If I don't have a job it is not because I am a lazy bum but because I got this permanent resident card since 2 weeks ago. Please tell me what you think. Dear Doctor Bash, Please do not misunderstand me – I do not want pity. I just received my permanent resident card after 15 months and with the help of the Congressman John McHugh – I am a Legal Educated Immigrant from Quebec, Canada. What I am telling you is that I actually receive a pension of 610 $ per month and I am not working yet. I do know that I have a case at the worse a wrongful death or at least medical malpractice. I did my own research and I wish to be a very active participant (collaborate with you) to this process and win and that is why I am asking your services even in my actual situation. So please check the informations I will provide you Mr. Bash and you will see that I can prepay part of the fees before as requested and part of the fees after (because I have a case) and you Sir will decide which amounth I am giving you. (because you are saying it is a flat fee and prepaid fee) I thank you in advance for your comprehension.

I forgot to ask...I am actually in the Virginia state and my bet is I need to be back to where the VA malpractice was done i.e. New York State if I wish to fight this fight. Please confirm or infirm. Thank you.

Hi Lisa, I really and truly killed myself to get an attorney with my little 610 per month VA pension because I was not able to use my car and work without this permanent resident card that came 2 weeks ago. So I began first by asking pro bono but since it is free it did not work. Then I offered the contingency basis to other attorneys and it did not work either. (my "add" is even online) I even went to Syracuse to have a personal contact with a firm at 200 miles from my home with the few money I had. So I thought to stop to wait and go ahead because it is now 11 months my husband died and I can not wait forever sympathy so better to take care of myself so I will go with the help of Dr. Bash and I do know he is not an attorney. Does it mean that the SF 95 has to be perfect-perfect? (I'll do my very best to not do mistakes) I thought to do like Berta even if that does not mean I will succeed. It's just that I can not wait anymore because in April 2007 Berta was telling me to fill this out a.s.a.p. and I had problems with Immigration that are just solved so I am now back on my feet. Thank you for you advices and your help. I feel supported here and this is rare. So how much millions I can ask? I wish to ask as much as possible because of course, they will settle for less so better to put the amounth high enough. Marie

Hi Les and Lisa, Berta knows me. She helped me here and I got a lot of good informations from you and I am very grateful. So I am just back on my feet because I had the Immigration fight as well and I just got my permanent resident card. I forgot to ask if this SF 95 I need to fill a.s.a.p. need to be perfect. What I mean is that I wonder since I am in a rush if I would do a mistake to hurry and not wait the precious advices or Dr. Bash. I had to fight for getting the transfer on time from the VA office to the Albany VA hospital because my husband was suffocating from all this liquid from his lungs. They were waiting for a bed to be available in the Syracuse VA hospital (this was the area of where he was) while my husband had the time to suffocate twice. So I met the social worker and the nurse and did pressure to get this transfer a.s.a.p. to a VA hospital and finally we got a bed at the Albany VA medical center. Before entering there my husband was having liver problems but his liver was able to manage the level of ammonia but with the time, this went out of wack because they did not put him on a LOW PROTEIN DIET like they should because it is difficult for your sick liver to digerate animal proteins so they feed him with too much proteins and he did not have the appropriate care to check this amounth of ammonia even if I fought like insane so he went to the ICU because the ammonia level reached 393 which was a deadly level so he was in coma for a couple of days. Not to mention that they did not even put him on a liver transplant list and it was the first thing to do plus they did not discover the fact my husband had hepatitis C and this is a big mistake because hepatitis C is killing your liver so he had to be on drugs to limit the destruction of your liver. And he got a big operation without a painkiller and he finally asked for help and they gave him morphine and this was not very bright to give him this type of drugs because of his bad liver so they almost killed him another time. After hearing that one of his buddy died because of lack of care and to see with his very eyes the death of the other because of the lack of care, he understood what I was telling him that his life was in danger so he got his hospital release on Nov. 22th, 2006 and he absolutely had to re-inter at the emergency by ambulance on Nov. 28th about 5:00 p.m. because we were both scared to send him back to the VA office or the VA hospital so I did my very best at home to help him but I realized that he was shutting down so I had to call the ambulance because I known I was not able by myself to save his life. But Ashley was all yellow already 4 days after his hospital release. He died Dec. 5th, 2006 i.e. 8 days after his released from this Albany VA medical center. I am sick to death and mad as hell but in control of myself. I wish them to pay because they are killing folks. Please ask questions if there is something not clear because I am on the emotions. Thank you in advance for your kind help. Marie

Hi, I finally got my situation fixed with the U.S. Immigration. So now back on the other fight. I wish to know how much millions I can ask in U.S. for my husband's death? I am truly not shy to ask the maximum so please let me know. Thank you in advance, Marie