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Vets Sues Because



"Kellar was told by VA medical center doctors that the clamp shouldn't cause him trouble, Cole said. The attorney said that his client can set off metal detectors and lives in fear that he will be rear-ended while driving, dislodging the clamp."

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What numbskulls.

Keep after it!


"Kellar was told by VA medical center doctors that the clamp shouldn't cause him trouble, Cole said. The attorney said that his client can set off metal detectors and lives in fear that he will be rear-ended while driving, dislodging the clamp."

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The Denver VA killed my father in 2005. They settled out of court. I stayed for 4 months at the Denver VA and hope I never end up there. It's a dirty nasty cruel place. I'm service connected for depression and sought help from the mental health department at the Denver VA when my father was dying and they told me since I went to the Cheyenne VA they would not help me.

!@#$%^ the Denver VA their doctors nurses and cna's. Its been 3 years and it seems like it was yesterday. Nobody should watch their loved one die the way he did.

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MY God, they are already trying to play it like, OL'well you should be hunky dory and if you feel any pain from that clamp you are a lier and if you really do feel pain, it was there before the clamp was left in there rubbing up against the raw nerves on your spine you'll be fine with it left in there. Jesus, these guy should have the regular 50 to 80 million slapped on there hind ends. Thats more than a million dollar mistake, maybe if it happened in the 70's.

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Otey- After years of FOIA rigamorale-I recently found out some very upsetting information-regarding my settlement-

I had charged numerous doctors with malpractice and the General COunsel attorney assured me these negligent doctors would be disciplined in some way.

The actual medical reports I got under FOIA not only proved my FTCA charges but were more horrible that I thought.

This involved numerous doctors over a 6 year period.

At settlement the OGC assured me there would be some ramifications for these quacks-

after many FOIA attempts to see what the VA actually did about them-I discovered exacty what the VA was supposed to do-

They were to make a mandatory repory to the NPDB (National Practicioners Data Bank, that becomes public knowledge in most states vua the Depat of Health and Human Services.

Not only does this all go onto the doctor's records- it is an obvious way to stop further negligence in the same way from the same doctors.

I recently went through the entire state HHS data base-not one single doctor who I named in my SF 95 was on it-

they all got away scot free-

I then did a lot of research hat showed that VA had been negligent in reporting other FTCA cases (GAO report) -in a timely report-

yet I had no idea how many other cases were never reported at all to the NPDB-meaning negligent VA doctors who caused further disability or death to a veteran got by without any discipline at all.

The lawyer for the big VCS lawsuit told me he was shocked to learn that successful 1151 awards do not have any reporting requirements at all-

they dont-

But any FTCA cash settlement MUST be accounted for through the NPDB and then via the HHS.

By failing to report these awards as moneys charges to the doctor in a disciplinary report- the VA has managed to not only allow negligent dctors to continue to practice in a negligent way-

the VA has also pulled the wool over this country by being quite able to hide the actual statistics of death or disability with malpractice so serious that it generates a FTCA award-

I have asked Congressman Filner ( Chair of H VAC ) to look into this and also I have asked the OGC to respond to an additional FOIA that I know will produce more hemming and hawing-and then I will determine what to do next with this info-

It might well take getting a lawyer to use Discovery to produce the info that I need.

If the VA fails to adhere to the mandatory NPDB reporting requirements- for any FTCA settlement regardless of the settlement amount-then the USA (that is who we settle with)has deliberately misled the public as to just how many vets the VA has killed or harmed with lousy medical care.

It is in my opinion- one more way the VA is saying "SHHH" as Dr. KAtz did when he heard the VA's suicide statistics do not reflect the true picture at all of vets in their care who have committed suicide.

I suggest to every FTCA recepient that you double check to see if the NPDB requirements were met by the VA- or if the doctors who malpracticed on you were never disciplined at all and never even knew they caused the USA to pay you off.

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PS-the NPDB told me to report these doctors to them myself-

so eleven years after a FTCA settlement these doctors would get a disciplinary report of negligence-

I feel however-why should I do the VA's job for them on that but then again- in the past eleven years perhaps they continued malpracticing on other vets.

Since their names are not in the data bank all I can assume is that my husband was an isolated case-

(or other vets or widows sued under FTCA and won yet the VA again failed to report them at all)

If the VA would get off their thumbs on my AO claim (another instance of malpractice I was unaware of when I filed FTCA)

I could pursue this better-

at this point-after over 5 years- I hesitate to do anything that would get my AO claim off the DRO's desk-

which a re-open of the FTCA matter would involve-

Maybe this is why my medical evidence has remained ignored by the VA so many times-they knew the doctors were never reported properly and my AO claim involves more malpractice.

I could not sue them under FTCA twice for the same death.

My only recourse was to get the IMos and prove the additional malpractice was an AO disablity that contributed to Rod's death.

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