Ihd And Claim

[fielg]

My husband submitted an agent orange claim in 1994. VSO at hospital wrote the claim" "for all and any diseases associated with Agent Orange". IT WAS DENIED.

He was wounded in Vietnam and has suffered: severe gastro problems (cholecystitus) right after service with hospitalization, medications, and surgery, severe skin rashes, Stage IV colon cancer, high sugar levels, high blood pressure, abdominal aortic dissection, renal damage from overdose from VA hospital, perforated colon, colostomy and recent carotid artery test showed 50% blockage in left side. Today he got a call from regional office for a heart test on Tuesday. What type of test would they do and what is ischemic heart disease. If they grant his claim, is it possible that it would be retroactive to 1994?

Thank you for any comments.

[fielg]

My husband was hospitalized for a perforated colon and sepsis infection. He now has a colostomy. The nurse sent home an IV for vanco not checking that he was being infused with vanco at hospital.

Home health nurse found it and after that his creatine levels shot up to 2.0 from .8. The overdose caused his renal problems and VA doctors admitted it.

Husband has been diagnosed with diabetes type II. Recently found out he had high sugar readings way back in the 1970s. Just got med records a few months ago.

I appreciate had it so much. It has been such a great help to me.

[fielg]

I know you are getting hit with a lot of questions but I am curious. In 1994 was the claim put in by the VSO after an "Agent Orange exam"? If it was they should have given him a copy of it. Get a hold of it and see what the doctor DXed your husband with at that time. I would also recommend you go to the MC if you haven't and get a copy of his medical records from the ROI office.

then come back on here and let us know what you found out!

Thank you. I have just search all the copies: After Agent Orange Exam, letter (only) was sent saying all tests results were normal except for an elevated WBC and lipids. This was signed by an Environmental Health Physician.

We went over the blood tests and exam and found my husband had 5 different high levels - all of these should have produced further testing but no further testing was suggested or anything. If further testing would have been conducted, they would have discovered the growing colon cancer in him. His cancer was finally diagnosed in 2000 at Sage IV colon cancer with metatasis to his liver. I am so furious over the medical care and treatment he has received. We just received his medical records a year ago. Not catching his cancer earlier seems criminal to me.

I am sorry he has been through so much.

[Berta]

"Not catching his cancer earlier seems criminal to me."

"Husband has been diagnosed with diabetes type II. Recently found out he had high sugar readings way back in the 1970s"

Were these from VA records?

The ADA criteria in those days was 140 for glucose, and in 1997 it was lowered to 126.

This is how the VA killed my husband.

You might well have the basis hereto sue them under FTCA.

And /or file a Section 1151 claim.

Has any rep suggested the 1151 potential to him?

The FTCA info is in our FTCA forum here along with Sec 1151 info.

"The overdose caused his renal problems and VA doctors admitted it. " Did they document this in the clinical record?

Was an incident report done? When did this happen?

"If further testing would have been conducted, they would have discovered the growing colon cancer in him. His cancer was finally diagnosed in 2000 at Sage IV colon cancer with metatasis to his liver. I am so furious over the medical care and treatment he has received. We just received his medical records a year ago. Not catching his cancer earlier seems criminal to me. "

You present here quite a scenario of malpractice.

I know the anger quite well-VA doctors in one VAMC tried to cover up malpractice in another VAMC.I cnsider their acts are criminal too.

All you can do is sue them or 1151 them or both-I explained the ramifications of both n the FTCA forum here.

You must file FTCA (SF 95) within the Statute of Limits- that info is here too---

This gives me flashbacks of what my husband went through. The Peer Review reports are horrible to read.

They almost killed his best friend too- same VAMC.Misdiagnosed colon cancer.Both Vietnam combat vets and both employees of this VAMC.

He didnt want to sue so I got him 100% P & T with SMC under 1151.

The VA settled with me but is still paying me for their medical errors. My husband was only 47 when he died.

[fielg]

In April of 2009 the perforation was discovered in an emergency admittal to the hospital. After that, I started gather all the medical records to file a claim. After I receive them I noticed 11 years of his records were missing. I again asked that the records be given to us. Their reply was that they weren't available and 3-4 months later they finally did a hand search. The hand search produced SOME OF TREATMENT records. In his treatment records his doctor makes reference to missing records.

IN THESE RECORDS WERE THE AGENT ORANGE BLOOD TEST AND A LETTER FROM A DOCTOR SAYING ALL TESTS WERE NORMAL EXCEPT FOR A COUPLE OF HIGH LIPIDS.

WE RECEIVED THESE RECORDS LESS THAN 1 YEAR AGO BECAUSE THEY HAD TO BE HAND SEARCHED. THE BLOOD TESTS WERE HIGH IN THE AREAS INDICATING COLON CANCER. THERE WERE MORE THAN A COUPLE - THERE WERE 5 ABNORMAL READINGS AT THAT TIME.

THESE WERE IN 1994, WE JUST RECEIVED THE RECORDS LESS THAN A YEAR AGO. THE VA WAS VERY NEGLIGENT IN NOT ORDERING FURTHER INVESTIGATION

WHICH WOULD HAVE DISCOVER HIS COLON CANCER.

WE HAVE THREE DIFFERENT SITUATIONS ONE THE NEGLIGENCE IN NOT DIAGNOSING THE ULCER CAUSING PERFORATION,SEPSIS PAIN AND PERMANENT COLOSTOMY. 2. THE NURSING ERROR IN SENDING OVERDOSE OF VANCOMYCIN DRIP CAUSING RENAL DAMAGE. YES IT IS DOCUMENTED IN VA MEDICAL RECORDS AND HOME HEALTH CARE NOTES. 3. DISCOVERING IN THE RECORDS THAT THE AGENT ORANGE BLOOD TEST INDICATING COLON CANCER THAT WAS SMOOTHED OVER TELLING US THAT IT WAS NORMAL. THEY SHOULD HAVE INVESTIGATED THIS FURTHER. THESE CAME FROM THE HAND SEARCH RECORDS RECEIVED AFTER TWO REQUESTS TO OBTAIN THEM.

WE HAVE FILED AN 1151 AND 95. WE HAVE NOT HEARD BACK ON THE 1151 AND WILL FILE TORT SUIT.

I AM SORRY TO HEAR ABOUT YOUR HUSBAND AND YOUR BATTLE WITH VA.

"Not catching his cancer earlier seems criminal to me."

"Husband has been diagnosed with diabetes type II. Recently found out he had high sugar readings way back in the 1970s"

Were these from VA records?

The ADA criteria in those days was 140 for glucose, and in 1997 it was lowered to 126.

This is how the VA killed my husband.

You might well have the basis hereto sue them under FTCA.

And /or file a Section 1151 claim.

Has any rep suggested the 1151 potential to him?

The FTCA info is in our FTCA forum here along with Sec 1151 info.

"The overdose caused his renal problems and VA doctors admitted it. " Did they document this in the clinical record?

Was an incident report done? When did this happen?

"If further testing would have been conducted, they would have discovered the growing colon cancer in him. His cancer was finally diagnosed in 2000 at Sage IV colon cancer with metatasis to his liver. I am so furious over the medical care and treatment he has received. We just received his medical records a year ago. Not catching his cancer earlier seems criminal to me. "

You present here quite a scenario of malpractice.

I know the anger quite well-VA doctors in one VAMC tried to cover up malpractice in another VAMC.I cnsider their acts are criminal too.

All you can do is sue them or 1151 them or both-I explained the ramifications of both n the FTCA forum here.

You must file FTCA (SF 95) within the Statute of Limits- that info is here too---

This gives me flashbacks of what my husband went through. The Peer Review reports are horrible to read.

They almost killed his best friend too- same VAMC.Misdiagnosed colon cancer.Both Vietnam combat vets and both employees of this VAMC.

He didnt want to sue so I got him 100% P & T with SMC under 1151.

The VA settled with me but is still paying me for their medical errors. My husband was only 47 when he died.

[Berta]

"WE HAVE FILED AN 1151 AND 95. WE HAVE NOT HEARD BACK ON THE 1151 AND WILL FILE TORT SUIT"

Good-the SF 95 is the beginning of the FTCA tort.

The SF 95 must go to Regional VA counsel who as jurisdiction over your VARO or to the Office of General COunsel in DC. I filed mine at both locales.

"WE RECEIVED THESE RECORDS LESS THAN 1 YEAR AGO BECAUSE THEY HAD TO BE HAND SEARCHED."

Proof of that will put you well within the 2 year Statute of Limits-= or at least it should.

As I said to a recent potential FTCA situation here- SOL boils down to the same Watergate question-

what did the vet know and when did he know it.

If one is aware of potential malpractice they need to act fast as the 2 year SOL can slip by fast.

Do you have a lawyer and do you intend to obtain an IMO for the FTCA and 1151 claims?

When I won FTCA I couldnt believe how fast the news swept through the local VAMC and I was deluged with potential malpractice stories.

[Berta]

"WE HAVE FILED AN 1151 AND 95. WE HAVE NOT HEARD BACK ON THE 1151 AND WILL FILE TORT SUIT"

Good-the SF 95 is the beginning of the FTCA tort.

The SF 95 must go to Regional VA counsel who as jurisdiction over your VARO or to the Office of General COunsel in DC. I filed mine at both locales.

"WE RECEIVED THESE RECORDS LESS THAN 1 YEAR AGO BECAUSE THEY HAD TO BE HAND SEARCHED."

Proof of that will put you well within the 2 year Statute of Limits-= or at least it should.

As I said to a recent potential FTCA situation here- SOL boils down to the same Watergate question-

what did the vet know and when did he know it.

If one is aware of potential malpractice they need to act fast as the 2 year SOL can slip by fast.

Do you have a lawyer and do you intend to obtain an IMO for the FTCA and 1151 claims?

When I won FTCA I couldnt believe how fast the news swept through the local VAMC and I was deluged with potential malpractice stories.

In a trip to the local law library I had frequented alot in those days due to not having internet that we have now- two lawyers came over to me and shook my hand as they too had heard of the award.

One of them had actually pretended to be helping me at first but I saw through what he was doing- and 19 other NY lawyers told me I didnt have a case.

I contacted a few of them after I won to tell them how much cash they lost.I did my own medical work for the FTCA and 1151 and never4 even thought to try to find a IMO doctor.

BUT if I had a lawyer then the VA would have never pulled something on me-

the RC wanted to settle with me in mere mmonths after he got the SF 95 and my evidence.He also ad a Peer Review done right away that concurred with my charges.

Then he, the doc who did the review and the review itself disappeared.

That allows VA to string out my case for almost 3 more years.

The disappearing Peer Review- found in my C file in 2003 and now it is evidence for my AO IHD claim.

No lawyer would have stood for this.

As it was I had to deal directly with the OGC in DC at that point. I had a total knowledge of FTCA laws by then.And studied cardiology and neurology intensively.

Actually the FTCA matter was the easiest claim I ever had.

A strong IMO supporting malpractice ,when presented to a malpractice lawyer would certainly gain their help.

They will have a fee of course but depending on your states malpractice laws, they might get you more than you can get yourself.Maybe.

No one HAS to have a lawyer for FTCA.

But I highly recommend they get one. It sure would have saved me a lot of time going to law libraries.They would charge me 15 cents for a limit 20 copies of what I needed.

Sometimes I would get the 20 copy limit (38 USC etc) and then go to McDonalds for a while and then come back for 20 more.

I had PC and Fax etc but it was miserable without the actual internet in those days.