Army veteran Arvid Brown, while serving in Saudi Arabia during the Persian Gulf War in 1991, was bitten by "sand flies" and contracted the parasitic disease Leishmaniasis. Sand fly bites are the most common vector by which this infectious disease is transmitted to humans.
Upon discharge from active duty, Mr. Brown of Flint was treated at Michigan VA hospitals for service related symptoms on over 50 visits. The VA never looked for Leishmaniasis as a cause of his symptoms, ignoring his service and medical history. Mr. Brown was finally diagnosed by a private physician in Michigan with Leishmaniasis in 1998. Mr. Brown’s wife was infected with Leishmaniasis because no one ever diagnosed Mr. Brown and told him of the infectious nature of this disease and its ability to be transmitted by sexual activity. Mrs. Brown gave birth to two children – both of whom were infected with Leishmaniasis in the womb.
His wife and children sued the VA under the Federal Torts Claim Act in September 2004 because they were infected with Leishmaniasis. The Government sought to have the case dismissed claiming that the VA owed no duty to the Veteran’s family. The family claimed that VA doctors committed malpractice in not diagnosing Leishmaniasis and failing to warn the wife that the disease could be transmitted to her and the children.
Judge John Corbett O’Meara of the United States District Court, Eastern District of Michigan, denied the Government’s Motion for Judgment on the Pleadings which claimed that the Government owed no duty to the family of a Veteran in an Order dated June 18, 2007.
The Court, relying on Michigan law, concluded that VA doctors do owe family members a duty to warn of risk when patients present with symptoms of a disease that is well known to be contagious. A duty of reasonable care may arise on the part of the Government.
The case against the VA will continue and the parties have agreed to try the issues of liability in the fall of 2007.
Contact information: Thomas F. Campbell (313-410-0017 /mobile)
Thought this might be of some interest to you. This is a rather tragic case of a Gulf War veteran who contracted an infectious disease while deployed and later transmitted the disease to his wife who in turn transmitted it to their child in utero. The wife has since died. VA initially sought governmental immunity under the Feres Doctrine but, in an appeal by attorney Robert Walsh to the 6th Circuit, this was found to not be applicable in a claim against VA. Now a federal judge has denied the government's efforts to have the lawsuit terminated as a matter of law ruling that our case can proceed on the theory that VA doctors owe family members a duty to warn them of potential risks when the veteran has symptoms of an infectious disease.
This should be tried late this year so will keep you posted.
Thanks for your help on veteran's issues.
Mike
Michael R. Viterna
Fausone Bohn, LLP
Attorneys at Law
41820 West Six Mile Road, Suite 103
Northville, MI 48168
(248) 380-0000
(866) 606-8496 facsimile
E-mail: mviterna@fb-firm.com
Website: www.fb-firm.com
**Please note my new email address and Firm website address. Please update your records accordingly.**
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Question
allan
fwd from colonel dan
PRESS RELEASE- IMMEDIATE RELEASE
VA OWES A DUTY TO VETERAN’S FAMILY
Army veteran Arvid Brown, while serving in Saudi Arabia during the Persian Gulf War in 1991, was bitten by "sand flies" and contracted the parasitic disease Leishmaniasis. Sand fly bites are the most common vector by which this infectious disease is transmitted to humans.
Upon discharge from active duty, Mr. Brown of Flint was treated at Michigan VA hospitals for service related symptoms on over 50 visits. The VA never looked for Leishmaniasis as a cause of his symptoms, ignoring his service and medical history. Mr. Brown was finally diagnosed by a private physician in Michigan with Leishmaniasis in 1998. Mr. Brown’s wife was infected with Leishmaniasis because no one ever diagnosed Mr. Brown and told him of the infectious nature of this disease and its ability to be transmitted by sexual activity. Mrs. Brown gave birth to two children – both of whom were infected with Leishmaniasis in the womb.
His wife and children sued the VA under the Federal Torts Claim Act in September 2004 because they were infected with Leishmaniasis. The Government sought to have the case dismissed claiming that the VA owed no duty to the Veteran’s family. The family claimed that VA doctors committed malpractice in not diagnosing Leishmaniasis and failing to warn the wife that the disease could be transmitted to her and the children.
Judge John Corbett O’Meara of the United States District Court, Eastern District of Michigan, denied the Government’s Motion for Judgment on the Pleadings which claimed that the Government owed no duty to the family of a Veteran in an Order dated June 18, 2007.
The Court, relying on Michigan law, concluded that VA doctors do owe family members a duty to warn of risk when patients present with symptoms of a disease that is well known to be contagious. A duty of reasonable care may arise on the part of the Government.
The case against the VA will continue and the parties have agreed to try the issues of liability in the fall of 2007.
Contact information: Thomas F. Campbell (313-410-0017 /mobile)
Michael Viterna
Fausone Bohn, LLP
www.fb-firm.com
Northville, Michigan
(248) 380-0000
www.legalhelpforveterans.com.
Dated: June 22, 2007
-END-
--------------------------------------------------------------------------------
From: Viterna, Mike [mailto:mviterna@fb-firm.com]
Sent: Thursday, June 28, 2007 7:56 AM
To: Colonel Dan
Subject: Federal Tort Claim
Colonel Dan,
Thought this might be of some interest to you. This is a rather tragic case of a Gulf War veteran who contracted an infectious disease while deployed and later transmitted the disease to his wife who in turn transmitted it to their child in utero. The wife has since died. VA initially sought governmental immunity under the Feres Doctrine but, in an appeal by attorney Robert Walsh to the 6th Circuit, this was found to not be applicable in a claim against VA. Now a federal judge has denied the government's efforts to have the lawsuit terminated as a matter of law ruling that our case can proceed on the theory that VA doctors owe family members a duty to warn them of potential risks when the veteran has symptoms of an infectious disease.
This should be tried late this year so will keep you posted.
Thanks for your help on veteran's issues.
Mike
Michael R. Viterna
Fausone Bohn, LLP
Attorneys at Law
41820 West Six Mile Road, Suite 103
Northville, MI 48168
(248) 380-0000
(866) 606-8496 facsimile
E-mail: mviterna@fb-firm.com
Website: www.fb-firm.com
**Please note my new email address and Firm website address. Please update your records accordingly.**
This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is privileged, confidential and/or exempt from disclosure under applicable laws. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and/or reply to the e-mail message. Thank you.
<<Press Release 061907 Brown.pdf>>
__._,_.___
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Dan Cedusky, Champaign IL "Colonel Dan"
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