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

[Bigred122]

Mike

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

Thank you for the heads up! I'll mark it out on my copy. Anything you can do on the one posted here? Thank you again. Mike

[Berta]

I couldn't read the attachment at all- just got a blank page-

One thing for all to know- if you intend to file FTCA or 1151 claims make sure to get updated copy of your med recs before tipping them off-

I too was told things that were not in the meds recs.

I was told they wrote 1151 all over my C file and FTCA too- by my POA so that was true I think but

Dont tip them off until you get ALL VA records for 1151/FTCA.That is when stuff starts to mysteriously disappear -when they get claims like this.

If they deny the 1151 then you will need a IMO to support it.You can hire a lawyer as well then for the 1151 NOD and they might have FTCA expertise too-they should.

I feel you should contact some VA FTCA lawyers on the net to see if you are still within the Statute of Limits if you are interested in filing a tort against them as well.

Lots of info in our FTCA forums to both 1151 claims and FTCAs.

There are disadvantages to doing both types of claims as well as advantages.I filed both and won both but still one needs to read over very carefully the FTCA info here as I explained that in detail here many times.

An IMO doc will need the entire record and the IMO criteria is in our IMO forum.

It [ays to carefully prepare a cover letter for any IMO doctor and even for any lawyer -to state briefly what you told us here, and to direct them to the specific records. For my AO DMII claim I tabbed specific records but I sent them all to the opining doctor.

With a strong IMO and with what appears to be serious disabilities you have as a direct result of the Hepatitua- you wont have problem getting a Malpractice lawyer unless the Statute Of Limits has expired.

[Bigred122]

I couldn't read the attachment at all- just got a blank page-

One thing for all to know- if you intend to file FTCA or 1151 claims make sure to get updated copy of your med recs before tipping them off-

I too was told things that were not in the meds recs.

I was told they wrote 1151 all over my C file and FTCA too- by my POA so that was true I think but

Dont tip them off until you get ALL VA records for 1151/FTCA.That is when stuff starts to mysteriously disappear -when they get claims like this.

If they deny the 1151 then you will need a IMO to support it.You can hire a lawyer as well then for the 1151 NOD and they might have FTCA expertise too-they should.

I feel you should contact some VA FTCA lawyers on the net to see if you are still within the Statute of Limits if you are interested in filing a tort against them as well.

Lots of info in our FTCA forums to both 1151 claims and FTCAs.

There are disadvantages to doing both types of claims as well as advantages.I filed both and won both but still one needs to read over very carefully the FTCA info here as I explained that in detail here many times.

An IMO doc will need the entire record and the IMO criteria is in our IMO forum.

It [ays to carefully prepare a cover letter for any IMO doctor and even for any lawyer -to state briefly what you told us here, and to direct them to the specific records. For my AO DMII claim I tabbed specific records but I sent them all to the opining doctor.

With a strong IMO and with what appears to be serious disabilities you have as a direct result of the Hepatitua- you wont have problem getting a Malpractice lawyer unless the Statute Of Limits has expired.

I clicked on the picture of the post and it worked for me. When I was notified by Health dept that I tested positive for Hep C, (still mad that VA didn't have the courage to tell me directly) I asked alot of questions of which I never received any answers. I'm sure The VA had records where they got that blood from and it would be easy to see if donor retested positive. From the records I researched (without serial numbers) I found it around that time period that they stop getting blood from inmates. Just because of how much blood that they got that was infected. They estimate that about 10% was infected. A good lawyer only has to ask if they rechecked blood donor, if not , why not.Did they research my claim? If so what were the results and why wasn't that given to patient when asked for. The answers or lack of would help my case IMO. If the answers were in their favor, I'm sure I would have been notified of the results. Unlike the Florida Vets, I'm only one Vet, they were many. I'm hoping the Dr who verified my suspensions wrote something in her notes. She was busy doing a biopsy on my liver at the time of our discussion. Per your suggestions, I'll start looking for a lawyer support team, get them up to speed and wait for decision. Even if they approve me, I see that most people they start them off low % and one must claim to get higher rating. If their estimates are correct, I should be hearing something in the next few weeks. Thank you again for everything!! Mike

[Berta]

Ok-I can now open this attachment -

what I see is that the Health Department info was dated in 1992- but the Hep C is dated around 1999-a seven year window- am I intrepreting this correctly as to the dates?

Also- the mesh- did it get infected and/or cause further problems? If so did you see this as potential additional 1151 issue in the 1151 claim?

The VA fights 1151s aggressively.It is difficult to expcet an award the first time around on 1151s.They will get a C & P doc to say anything that will go against the award.

I can see that they will disregard any years of windows of opportunity in which they could say you contacted Hep C in a non VA way.The fastest award I ever saw under 1151 took a mere 4-5 months.I wrote the claim as the vet sat here and waited for it-I only typed a few sentences and copied it and asked him to sign and mail it certified. He didn't understand what I was talking about but knew me for years and trusted my judgement..

He was awarded without any fight at all and got 100% P & T under 1151.

It was something he said that the Doctor had told him when they diagnosed his cancer and VA had just removed most of his colon.

I took a chance on the claim- either the documentation was there in his med recs to support what the doctor said or it wasn't.

He didn't have a current copy of his med recs but I was 100% sure he had strong 1151 basis based on what he told me.

The claim was stated in very simple terms. Just like my 1151 claim.They won't read a story-they need documented proof.

My claim-equally with strong merit and evidence -was a wrongful death 1151 claim and they strung that out for over 3 years by manipulating the documented evidence and losing the initial Peer Review report. Even denying AFTER I won the FTCA- which shows how capricious they are.

. "I'm sure The VA had records where they got that blood from and it would be easy to see if donor retested positive."

I am sure that VA would do all they could to make sure no vets or the public found that info out-if the VA even has that info on any donors.

Section 1151 claims involve medical screw ups.Successful VA screw up 1151 claims do not have any sanctions for the doctors involved.

I used evidence from FOIA requests to VA, DOL,USDA, etc for many past legal matters my husband had- and also regarding my FTCA issues.

This is a tactic a good lawyer might use in your case,to possibly get internal data from VA. You can use use FOIA too- Freedom of Information Act-

I think we have templates here for this kind of request.

I will re -read the attachment but to me it holds a way out for VA.

[Berta]

One more question

I see that you had elevated AST/ALT levels which it appears the VA is treating medically.

High Alt levels are often due to:

"acute viral hepatitis A or B,

profound liver damage inflicted by toxins as from an overdose of acetaminophen (brand-name Tylenol), and

prolonged collapse of the circulatory system (shock) when the liver is deprived of fresh blood bringing oxygen and nutrients."

from:

http://www.medicinenet.com/liver_blood_tests/page3.htm

I was able to use high ALT levels to help prove my husband had untreated and misdiagnosed diabetes.

Do you have diabetes mellitus, and are you a Vietnam incountry vet and if so- have you filed the claim yet from DMII and all complications of the DMII due to Agent Orange Exposure?

[Bigred122]

Ok-I can now open this attachment -

what I see is that the Health Department info was dated in 1992- but the Hep C is dated around 1999-a seven year window- am I intrepreting this correctly as to the dates?

Also- the mesh- did it get infected and/or cause further problems? If so did you see this as potential additional 1151 issue in the 1151 claim?

The VA fights 1151s aggressively.It is difficult to expcet an award the first time around on 1151s.They will get a C & P doc to say anything that will go against the award.

I can see that they will disregard any years of windows of opportunity in which they could say you contacted Hep C in a non VA way.The fastest award I ever saw under 1151 took a mere 4-5 months.I wrote the claim as the vet sat here and waited for it-I only typed a few sentences and copied it and asked him to sign and mail it certified. He didn't understand what I was talking about but knew me for years and trusted my judgement..

He was awarded without any fight at all and got 100% P & T under 1151.

It was something he said that the Doctor had told him when they diagnosed his cancer and VA had just removed most of his colon.

I took a chance on the claim- either the documentation was there in his med recs to support what the doctor said or it wasn't.

He didn't have a current copy of his med recs but I was 100% sure he had strong 1151 basis based on what he told me.

The claim was stated in very simple terms. Just like my 1151 claim.They won't read a story-they need documented proof.

My claim-equally with strong merit and evidence -was a wrongful death 1151 claim and they strung that out for over 3 years by manipulating the documented evidence and losing the initial Peer Review report. Even denying AFTER I won the FTCA- which shows how capricious they are.

. "I'm sure The VA had records where they got that blood from and it would be easy to see if donor retested positive."

I am sure that VA would do all they could to make sure no vets or the public found that info out-if the VA even has that info on any donors.

Section 1151 claims involve medical screw ups.Successful VA screw up 1151 claims do not have any sanctions for the doctors involved.

I used evidence from FOIA requests to VA, DOL,USDA, etc for many past legal matters my husband had- and also regarding my FTCA issues.

This is a tactic a good lawyer might use in your case,to possibly get internal data from VA. You can use use FOIA too- Freedom of Information Act-

I think we have templates here for this kind of request.

I will re -read the attachment but to me it holds a way out for VA.

You are right with the time period on the health dept. This chart notes was prior to surgeon doing a thyroidpectomy. Dr Berglund removed 1/2 of my thyroid on that date. The hernia screen was originally done by a civilian Dr and was replaced in 2006 by the VA and during that surgery some cysts were removed from abnomen area. No sign of diabetes until I went into a diabetic coma of 1100bs in 8/2009.First in family with diabetes. I blame AO.I have also been diagnosed with having Graves disease as well.

The colonoscopy that went wrong was done Thanksgiving weekend in 1997. I live 60 miles from Boise VAMC and don't make any appoints during winter time.I started taking my Hep A&B shots in 3/99. It's funny how they will use a time period againest you when it's in their favor, yet at the same time they will say that one contracted the disease 25 years earlier and it just layed dormant until I had a transfusion.lol What are the odds of that happening.lol I started going to the Boise VAMC around 1993 or 1994. But the VA wasn't testing for Hep C back then, I was told. I agree with you that I will have to get a lawyer to get them to release info I seek if it even exist anymore. Either way should be in my favor. I had to get a lawyer for my SSD claim, but during my court hearing, I did all the challenging and destroying their challenges and the lawyer never said a word. Was only there BECAUSE. I believe this will be the same way I figure. I just need them to order the FOIA like you suggested. I'm going to try to get that info first, but I expect them to say that I'm not cleared to get That Info. Just the info I have is about a foot deep. Everytime I moved I got the previous years records. So Lots of holes in my records also. Since I was told then, I had no recourse, I didn't do much research. That has only been done in the last 6 months.The internet has been a blessing to me for information. Thank you again for all your help and suggestions. I hope this is a short fight. After a major heart attack in 11/2008 and Diabetic coma in 8/2009 my helth is slipping fast. The VA wants to do their yearly cutting on my colon pollulaps, But I told them "no more cutting till they accept what they did in the past".If they won't accept the truth, they are not getting a third chance at killing me.lol I tell them colon cancer is a slow death. The AO will be the cause of a much faster death. Thanks for everything!! Mike