Berta - Lawyer Finally Takes My Tort Claim

[Teac]

A year ago this month the va screwed up my left eye cataract surgery. I have looked of lawyer for a year. Today a well know Austin texas law firm accepted my case for represenation. I was told that a claim of 300,000 was not unusal for the damage the va did, and that it likely will settle outside of court for at least 200,000. The law firm gets 20% of the settlement or 25% if it goes to court.

I was really surprised by the call from the lawyers office, I expected another turn down, but was assured that I clearly have a winning claim.... wish me the best of luck because since I am already 100% a new rating would not provide me any additonal compensation...... so this is the only way I can get compensation for this problem.......

Edited May 15, 2009 by jbasser

[Teac]

Teac-the VA will deny the 1151 over and over again-

my FTCA case was easier to win than my 1151-

they even denied the 1151 after I sent them copy of the settlement I made with USA!

I made the General COunsel call them up and then the award was in the mail-

you could easily succeed in the FTCA before they properly decide the 1151-

FTCA would make the 1151 claim moot anyhow.But good to keep both claims gping at same time.

Judy- try as many lawyers as you can- The Texas state cap on lawsuits settlements should be found under the state web page under their legal department.

I forget how I found NYS cap.

Most important thing about FTCA is getting the SF 95 filed within he two year SOL and then making sure that OGC in DC has it.

Berta I meant to say sF 95, not 1151. Althought I did file an 1151 at the same time.

[Judy]

Thank you Teac for the website/link.

This is the attorney that I contacted. Filled out the form on the website and even used the comment section to say that I had already won SC DIC and the FTCA case had great merit.

They turned me down via email within 4 hours....didn't even ask questions.

They emailed "this is not the kind of claim we handle"... bip bam thank you m'aam.

I thought they would be the best ones to contact and was shocked at their attitude.

Thanks,

Judy

[Teac]

Thank you Teac for the website/link.

This is the attorney that I contacted. Filled out the form on the website and even used the comment section to say that I had already won SC DIC and the FTCA case had great merit.

They turned me down via email within 4 hours....didn't even ask questions.

They emailed "this is not the kind of claim we handle"... bip bam thank you m'aam.

I thought they would be the best ones to contact and was shocked at their attitude.

Thanks,

Judy

I had been turned down by many lawyers... this one requested me to send them my med records, I said I would but forgot about it for about 4 months. Then out of the blue they called me and again asked to see the med records, I figured if they were going to call me they just might be interested in the case. I sent them the records and two weeks later well you know the rest of the story..... funny how things work out.....

Hope you find a lawyer I had given up and was going to do it all myself when I got the call.....

[Judy]

Does one file a FTCA claim in the state where the veteran died/was treated or in the state where the claimant currently lives?

Judy

[Berta]

Judy-I suggest Monday you call Office of General COunsel

1-202-461-4995 and ask them-

they can give you the Regional Counsel's address and phone number as well-and they will probably suggest filing the claim with Regional counsel VA as well as copy to them-

I am sure that the jurisdiction for FTCA is the state in which the malpractice occurred-but not 100% sure-

and this is where it should be filed-

Dont forget that you can file and handle FTCA yourself-

I have had to access my initial DIC claim and FTCA case recently and as I mentioned before,

the Regional COunsel wanted to settlement with me within 3 months of receipt of my FTCA claim (SF 95)and evidence.

I made sure I supported the SF 95 with plenty of medical evidence without waiting for them to ask for it.

I think I filed the SF 95 around Jan and by March they had done a Peer Review report that supported the malpractice

(which disappeared of course and they took 3 more years to award)I have the report-it was in my C file all a long.

VA COunsel told me (I dealt with him by phone a lot) that my medical evidence which I sent in with the SF 95 was

enough for the Peer Report that supported the claim.

This is an internal 6 page document on which a Medical doctor from VA has to assess the medical records and the charges.

Oddly enough (I have had recent dealings with OGC myself on another matter) I found that OLAM-VA Office of Medical /Legal -VA here in NY- also claims they had done Peer Reiews on my claim but never saw the Peer Report I have here-

I think they mean the two VA docs that I knocked down-but I am not sure-

I have a letter from Office of Medical/Legal that is a completely false statement.Someone there isnt doing their job either

You need to keep track of whatever you send them and use FOIA to get what you can out of them-

VA doesn't want to keep an accurate paper trail on FTCA cases and has violated a mandatory agreement as to reporting them to HHS and the National Practitioners Data Bank. That is how they maintain incompetent doctors.They dont report them properly,they pay off the claimant, and hope the FTCA claimant never finds out that the same doctors were never censured and keep their jobs at the VA- to possibly malpractice on another veteran.

Once you get a settlement and I sure hope you do-they must make this reporting requirement.I will then tell you how they do this and you can check it yourself via NPDB.

OGC lied to me and said the reporting had been done.

NPDB said there is absolutely no record they reported Rod's death.

One more thing I need to follow up on when I am gone for a few weeks soon-

I am seeking anyone under FTCA whose settlement was not reported to NPDB to bring this information to the House Veterans Affairs Committee.

Shreddergate was just the tip of the VA iceberg.We might find out the VA has harmed or killed more vets than we know of.But they only have reporting requirements on these incidents and/or deaths if a FTCA settlement was paid out.

[Teac]

I received an administrative denial on my tort claim today, advising me I have six months to take it to suit. I am not surprised with this action the va never admits fault in these cases......My new lawyer is taking care of it now and assures me that I will not walk away empty handed... Berta any new thoughts on the subject...