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]

"Everything I found online before I filed said no lawyers until denial"

I think you might mean the Lawyers for Vets regs?

If a claim is denied and the NOD is filed after June 20 2007 you can obtain a lawyer for the claim.

Did you specifically raise the negligence issue on the 21-526 form?

Has the VA acknowledged the claim and sent you a VCAA letter yet?

Does the VCAA letter refer to the potential Section 1151 issue?

"tho Portland VA Dr says it was obvious" did the doctor document this in the med recs?

"and that health dept stated no sign of virus prior to that surgery."

I assume you have a copy of that documentation.Have you submitted a copy of it with your claim?

". Drs at Portland VAMC have all told me that the records show clearly that I am correct.Too bad Boise VAMC sees things differently. "

Do you have copies of your complete VA medical records and have you isolated those specific entries to prove to VA that you are "correct."

VA doctors "said" many things to me regarding my husbands care.

His clinical records however revealed a whole different story and it took time to find the malpractice but it was there.

VA wants documented facts, not what doctors "say".

"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 yea"

Have you used Google on the serial numbers of the blood?

It is entirely possible that somehow the VA used contaminated blood from a prison.

But you have to prove that wherever it came from, it was the sole factor for your Hepatitus.

Your state Health Department could give you more info on contaminated blood transfusion supplies in your state,

You might have to send them a FOIA to get what you need.

What residual disability do you have from the Hepatitis?

Do you have a NSO or vet rep?

When did you file the 526 and what have you heard from them on it?

Did you also file for any disability on the AO presumptive list?

John999 raised some good issues.

You do need good representation on this claim.

Vet reps are trained to know how to deal with 1151 claims.

There is more info in our FTCA forum here on 1151 claims.

However if the VA denies the claim you will be able to get a lawyer.

Edited February 6, 2011 by Berta

[Berta]

PS- if you have documentation of this:

"I had my blood tested by health dept prior to this surgery "

This could be the Smoking Gun to award this claim.

But how prior was this test done?

And why?

It looks to me that the 2 year FTCA statute of limits ran out here but John is right about that too-----you should contact a malpractice lawyer and maybe they can suggest SOL is still good enough to a tort under FTCA laws.

Just google VA Malpractice lawyers

Edited February 6, 2011 by Berta

[Berta]

I know I am asking lots of questions here but one more:

Did you file a claim for AO presumpives and did they deny it?

If so can you scan their denial and attach it here: (cover personal stuff)

[Bigred122]

PS- if you have documentation of this:

"I had my blood tested by health dept prior to this surgery "

This could be the Smoking Gun to award this claim.

But how prior was this test done?

And why?

It looks to me that the 2 year FTCA statute of limits ran out here but John is right about that too-----you should contact a malpractice lawyer and maybe they can suggest SOL is still good enough to a tort under FTCA laws.

Just google VA Malpractice lawyers

Ok, hopefully I won't forget anything.I've attached the chart notes that had the notations that they had verfied with the Health dept about negative for Hep C. The reason I went to health dept was I had dated a lady who I found out later was very close to an HIV patient.So I wanted to make sure I was ok. So I waited for a year and went and had them check me out for everything. All tests came back negative.The VA haven't officially denied anything yet.Just noticed closed date on status of claim on certain items on Ebenefits. I went thru all my paperwork this morning and on my confirmation letter of claim filed, there is a section evidence needed to show compensation under 38 U.S.C 1151. So I guess they have opened that file.I have asked for the complete records a couple of times, but records I have received have alot of holes in them. I watched them write down serial numbers of blood units.One nurse would say them out loud and other would repeat them as they wrote them done.Those are missing. Chart notes from graveyard nurse taking care of me are missing showing I was placed in a room with another patient who had an open wound infection and we had to share bathroom. And no fluids were ordered for my IVs. He sneaked me a 7up to ease my stomache. He jumped all over the surgeon the next day about his slopiness.Those are missing. The Portland Specialist Drs notes are incomplete as well. She was the one who said all the proof was in my records. She made me aware of that fact. She also let me know that the VAMC kept trying to make me take the interferon treatments that they KNEW that it was zero per cent of curing due to the type of Hep C I had. Dr Had same pheno type. I never took it because I had no one to take care of me during treatments. My primary just wanted a patient to get the funds for study knowing no positive results.Yes on my claim I told the readers digest version of what happened and that if the surgeon would have either fixed bleeder or ordered fluids for IV, I would have never needed the transfusion and hence would not have gotten Hep C. It was 11am in the morning, the Dr had time to fix the bleeder instead of going home. This was the day after Thanksgiving, so I know he didn't work that day. This Dr is known for his arrogance. Funny they retired my Primary right after I filed my claim. I don't know if surgeon is still there or not. Hopefully I have answered all of your questions. The top portion of my attachment has some of the answers to your questions. I filed my claim the first part of August 2010. So you can see that the claim is still very new. I just signed up on Ebenefits last week as well as joining your fine organization. Thank you all for your quick attention and advice on my situation.I'm still learning the ropes, but hope this post will be of help to others as well.All of you are a Vets Blessing. Sometimes us Vets feel like it is US againest the World again. It is nice to have you on Our Side for these final battles in Our lives!! Mike (PS All the damage done by Hep C has been increasing the last 2 years. Abdominal pain, hardening of liver and many more sysmptoms)

[Bigred122]

Ok, hopefully I won't forget anything.I've attached the chart notes that had the notations that they had verfied with the Health dept about negative for Hep C. The reason I went to health dept was I had dated a lady who I found out later was very close to an HIV patient.So I wanted to make sure I was ok. So I waited for a year and went and had them check me out for everything. All tests came back negative.The VA haven't officially denied anything yet.Just noticed closed date on status of claim on certain items on Ebenefits. I went thru all my paperwork this morning and on my confirmation letter of claim filed, there is a section evidence needed to show compensation under 38 U.S.C 1151. So I guess they have opened that file.I have asked for the complete records a couple of times, but records I have received have alot of holes in them. I watched them write down serial numbers of blood units.One nurse would say them out loud and other would repeat them as they wrote them done.Those are missing. Chart notes from graveyard nurse taking care of me are missing showing I was placed in a room with another patient who had an open wound infection and we had to share bathroom. And no fluids were ordered for my IVs. He sneaked me a 7up to ease my stomache. He jumped all over the surgeon the next day about his slopiness.Those are missing. The Portland Specialist Drs notes are incomplete as well. She was the one who said all the proof was in my records. She made me aware of that fact. She also let me know that the VAMC kept trying to make me take the interferon treatments that they KNEW that it was zero per cent of curing due to the type of Hep C I had. Dr Had same pheno type. I never took it because I had no one to take care of me during treatments. My primary just wanted a patient to get the funds for study knowing no positive results.Yes on my claim I told the readers digest version of what happened and that if the surgeon would have either fixed bleeder or ordered fluids for IV, I would have never needed the transfusion and hence would not have gotten Hep C. It was 11am in the morning, the Dr had time to fix the bleeder instead of going home. This was the day after Thanksgiving, so I know he didn't work that day. This Dr is known for his arrogance. Funny they retired my Primary right after I filed my claim. I don't know if surgeon is still there or not. Hopefully I have answered all of your questions. The top portion of my attachment has some of the answers to your questions. I filed my claim the first part of August 2010. So you can see that the claim is still very new. I just signed up on Ebenefits last week as well as joining your fine organization. Thank you all for your quick attention and advice on my situation.I'm still learning the ropes, but hope this post will be of help to others as well.All of you are a Vets Blessing. Sometimes us Vets feel like it is US againest the World again. It is nice to have you on Our Side for these final battles in Our lives!! Mike (PS All the damage done by Hep C has been increasing the last 2 years. Abdominal pain, hardening of liver and many more sysmptoms)

I didn't see my attachment. So I will try again! Good it worked this time! Mike

[john999]

Mike

You want to delete your SSA number from the attachment you posted.