Hep C From Vamc Laziness

[Bigred122]

I hope I'm doing this right. back in 1997 I had a colonoscopy done at Boise VA Medical center. Two days later I had to go to ER due to excessive bleeding. I was losing approxiamately 1 cup per hour.Surgeon wanted to leave early that day (11 am) and discounted how much I was bleeding out.He ordered an IV be installed, but failed to order any fluids for the IV. If either of these would have been done, I wouldn't have needed 4 units of blood the next day. Eight months later, I was notified by State health dept. (not VA) that I had tested positive for Hep C. I was told at that time period that I had no recourse for any compensation.Last summer, I noticed that the Vets from Florida who contracted Hep C from colonoscopies had received free medical, 100% disability and were being determined individually if more disability would be warranted. I had the unusual P&C physical last month and haven't received any red flags to date.Part of me expects floor to drop out from beneath me by past experiences with VA. Then part of me says that it is a new VA and things are different.I am glad this new generation of Vets are being treated differently than what us VN vets dealt with. Which side of me is more correct? I did a search before I got courage to write this.Thank you in advance for any and all advice!! Mike

[Berta]

"I was told at that time period that I had no recourse for any compensation"

Who told you that?

Was an "incident" report done when you were hospitalized?

Did you formally file a Section 1151 claim?

[Commander Bob]

I had the unusual P&C physical last month and haven't received any red flags to date. Mike

Did you mean C&P exam?

Here is some info: http://www.vawatchdog.org/contaminatedequipment.htm

[Bigred122]

Yes it was the C&P exam.What I meant by unusual was the fact that Dr would ask question and I'd answer and he would say no the answer is .... Example is "How far can you walk? I answer about 50 yds, he says no you can walk 1/4 mile." After about 5 disagreeing questions, I answered "ok I think I have the jest of this", Dr smiled and I let him answer questions and I remained quiet.Everything was asked and done that did not pertain to Hep C.I believe I received the virus from Tainted blood gotten from the local prison community.Around that time period they stopped getting blood from the prison inmates. I have asked if they ever researched to see if donor was later found to be infected. No one can/will answer my question. The units of blood had serial numbers which they wrote down on my records. I had my blood tested by health dept prior to this surgery and VA records show that no virus was present then. They kept wanting to say the virus was dormant in my system for years. I was never a interveinous drug user or did I ever partake into any type of risky sex.

One would think if they were to deny me, they would have done it straight out of the gate and not go thru physical and costs associated. Hence my confusion. Thank you for your prompt attention.Mike

[Bigred122]

I'm sorry, I didn't see the second post. No incident report was ever done to my knowledge. Just a noticable change of attitude by my primary Dr. Someone I worked with had a brother who was a Ninth District Court Judge that told him I had no case againest Dr. or Hospital.I have done everything I can( quit alcohol completely, no tylenol etc..) to prolong my life. Most of what I suffered was mental damage done by the stigma associated with Hep C.Was treated differently by family and friends. Now 14 yrs later the physical problems are starting to surface on schedule as per someone who contracted the virus in 1997.

[Berta]

After 2 years had passed when you first were aware of this incident- then the FTCA would have no merit as the Statute of Limits ran out.I think that was the Judge's point.

If the VA caused you to get Hep C and you have residual ratable damage from it, then a Section 1151, 38 USC claim can be filed even years after the fact.

This is a successful 1151 award for Hep C. However the veteran did not receive a compensable rating %. The claim was remanded to see if he should be getting a comp % higher then "0" SC.

Also there was a regulation change mentioned in this claim and this too is something to consider.

http://www4.va.gov/vetapp01/files03/0122386.txt

There are other 1151 Hepatitus claims at the BVA and under out FTCA forum here is all the info one needs to file a Section 1151 claim/

[Bigred122]

After 2 years had passed when you first were aware of this incident- then the FTCA would have no merit as the Statute of Limits ran out.I think that was the Judge's point.

If the VA caused you to get Hep C and you have residual ratable damage from it, then a Section 1151, 38 USC claim can be filed even years after the fact.

This is a successful 1151 award for Hep C. However the veteran did not receive a compensable rating %. The claim was remanded to see if he should be getting a comp % higher then "0" SC.

Also there was a regulation change mentioned in this claim and this too is something to consider.

http://www4.va.gov/v...s03/0122386.txt

There are other 1151 Hepatitus claims at the BVA and under out FTCA forum here is all the info one needs to file a Section 1151 claim/

Thank you very much for the information.You have eased this old vets mind abit.Hopefully the board will make a good decision and I won't have to remind them of the information you have given me. So far their own chart notes and Specialist Drs have been the greatest evidence againest them. Drs at Portland VAMC have all told me that the records show clearly that I am correct.Too bad Boise VAMC sees things differently. Thank you again for all your help!! Mike