Don't Know About This One....

[WAC-Vet75]

In 1980, I had a laparoscopy done by U of Pa, paid for by the VA (they didn't have services for women at that time), for what was thought was an ectopic pregnancy. They also performed a D&C. I found out months later that I had been pregnant, a normal pregnancy, unfortunately, terminated by the D&C. In the late 1990's, I developed an incisional hernia, due to the laparoscopy. In 1998, I developed another incisional hernia in the same spot, this time they used mesh. Fast forward... 2000, the VA removed my gallbladder (yea!!). In May 2010, I had to have the mesh removed from the 1998 hernia repair, as it bunched up (painful), then had to have the SAME hernia repaired plus an incisional hernia from where the gallbladder was removed. Unfortunately, instead of just using mesh in those two separate areas, I now have one whole sheet of mesh covering my entire abdomen. What was suppose to be day surgery, turned out to be major surgery, with me being admitted for a few days.

I now have to go and have a CT done as I've been having pain since the May 2010 surgery. The Doctor isn't sure if this mesh has folded over or what is happening.

Now, my question.... can I claim compensation for any of this, and how would I go about it? I believe it would be an 1151, but would it be for hernias, the surgeries, pain?

Edited May 8, 2011 by WAC-Vet75

[Berta]

Do you have the CT results yet?

The last local vet's claim I worked on was in part a Section 1151 for infected mesh due to this type of operation.

He also had an asbestos claim at the BVA but died of cancer before anything was resolved.

His son had taken a color photo of him taken almost a year after the surgery showing his abdomen uncovered and his VA hernia operation residuals looked like a gun shot wound.due to the infected mesh.It was a horrific photo.

I used this color Photo on every page of our submissions of evidence.A picture -that everyone at Buffalo RO who handled his claim had to see , can be worth a thousand words.

Also there have been many lawsuits involving the type of mesh that has caused additional problems for this type of hernia repair:

If you google mesh lawsuits many will pop up.

These are not VA FTCA lawsuits so I dont know how the Statute of Limits applies to them.

http://www.youhavealawyer.com/recall/kugel-hernia-mesh-lawsuit.html

Also there are Section 1151 claims for mesh problems at the VA BVA web site.

“can I claim compensation for any of this, and how would I go about it? I believe it would be an 1151, but would it be for hernias, the surgeries, pain? “

It would be a claim for negligent and/or inappropriate or improper treatment resulting from

the laparoscopy, to include the hernias , residuals from the mesh problems, and for any other documented conditions directly due to VA's medical treatment after the laparoscopy.

I suggest you get a vet rep for this so that the wording is correct as to when the negative residuals began. It seems ,from your post, they began as results from the laparoscopy but I am not sure on that.

This would take a complete review of your medical records and that is best done by am IMO doctor.

However so many problems have arisen in vets as well as the civilian population regarding the types of mesh they were given, I would certainly file this claim , even though you don't have an IMO yet.

I will try to find the claim I prepared for the local vet and try to find some 1151 awards at the BVA for this type of disability when I get time.

This will take a thorough review of your medical records- which could reveal a lot of significant evidence.

When the VA buggers up a vet's medical care, they leave a paper trail.

It can be very difficult to find but there could be entries in your medical records that reveal negligence and/or malpractice or a cover up of a negligent situation.

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

I always feel 1151 claims should be short and sweet and start out with=This is a claim under the auspices of Section 1151, 38 USC.

I believe my VA medical records will reveal that VA negligence and inappropriate care has resulted in my current disabilities stemming from....... and then put the beginning procedure and date that caused everything else to go wrong.

You could then refer them to the initial surgery discharge certificate and then to any recent VA med record that shows there are still problems with the hernias and mesh.(The recent CT results for example)

After you file this , you will have time to fully prepare additional evidence.

The entire time my 1151 and FTCA case took I continuously sent the VA more medical evidence.

When one reads medical records over and over again and looks up the terms and begins to fully comprehend test results-and decifer (if old records) what the treating doctor's wrote-

then if negligence and/or malpractice occurred- it all becomes quite clear.

FTCA (you might have basis for a FTCA claim as well)but FTCA awards are offset to Section 1151 awards) explained in our FTCA forum)

and 1151 claim must meet this criteria-

The "standard " and "Usual" medical community (non VA docs)would have taken medical steps and/or treatment for the same disability that VA doctors did not take.

I stated this on my SF 95 as well as in my opening statement for my 1151 claim.

Any docmented medical deviation from a standard medical approach to any disabilty that produces residuals that were not expected and caused additional disability is a basis for 1151 or FTCA if the Statute of Limits is still applicable.

In some cases the VA will promptly mitigate any damages of something they did wrong.I experienced that type of situation myself.But a situation like that could become part and parcel of a FTCA or 1151 issue if the negligence continues in a different way.

Being a 1151er and FTCAer my best advise is to get an IMO for these types of claims and get a lawyer for FTCA.

I cant recommend any IMO doc or lawyer for them as I did it all myself.There are IMO docs and FTCA lawyers on the net.

VA fought me aggressively on these claims for 3 years but the overwhelming evidence of malpractice prevailed.

Edited May 8, 2011 by Berta

[Berta]

I had a long post here regarding 1151 and realized it might not be appropriate-

as 1151 only involves what the VA might have done wrong.

"In the late 1990's, I developed an incisional hernia, due to the laparoscopy. In 1998, I developed another incisional hernia in the same spot, this time they used mesh."

When did the VA get involved in the care you needed after the laparoscopy?

Most of my deleted post might apply so I re posted that:

:

Also there have been many lawsuits involving the type of mesh that has caused additional problems for this type of hernia repair:

If you google mesh lawsuits many will pop up.

These are not VA FTCA lawsuits so I dont know how the Statute of Limits applies to them.

http://www.youhavealawyer.com/recall/kugel-hernia-mesh-lawsuit.html

Also there are Section 1151 claims for mesh problems at the VA BVA web site.

“can I claim compensation for any of this, and how would I go about it? I believe it would be an 1151, but would it be for hernias, the surgeries, pain? “

It would be a claim for negligent and/or inappropriate or improper treatment resulting from

residuals from the mesh problems,(from what I see here) and for any other documented conditions directly due to VA's medical treatment after the laparoscopy.

I suggest you get a vet rep for this so that the wording is correct as to when the negative affects occurred and when VA began treating this condition.

This would take a complete review of your medical records and that is best done by am IMO doctor.

However so many problems have arisen in vets as well as the civilian population regarding the types of mesh they were given, I would certainly file this claim , even though you don't have an IMO yet.

I will try to find the claim I prepared for the local vet and try to ind some successful 1151 awards at the BVA for this type of disability when I get time.

This will take a thorough review of your medical records- which could reveal a lot of significant evidence.

When the VA buggers up a vet's medical care, they leave a paper trail.

It can be very difficult to find but there could be entries in your medical records that reveal negligence and/or malpractice or a cover up.

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

I always feel they should be short and sweet and start out with=This is a claim under the auspices of Section 1151, 38 USC.

I believe my VA medical records will reveal that VA negligence and inappropriate care has resulted in my current disabilities stemming from....... and then put the beginning procedure and date that caused everything else to go wrong.

You could then refer them to the initial surgery discharge certificate and then to any recent VA med record that shows there are still problems with the hernias and mesh.

After you file this , you will have time to fully prepare additional evidence.

The entire time my 1151 and FTCA case took I continuously sent the VA more medical evidence.

When one reads medical records over and over again and looks up the terms and begins to fully comprehend test results-and deciher (if old records) what the treating doctor's wrote-

then if negligence occurred- it all becomes quite clear."

Section 1151, 38 USC: In part states:

(a) Compensation under this chapter and dependency and indemnity compensation under chapter 13 of this title shall be awarded for a qualifying additional disability or a qualifying death of a veteran in the same manner as if such additional disability or death were service-connected. For purposes of this section, a disability or death is a qualifying additional disability or qualifying death if the disability or death was not the result of the veteran’s willful misconduct and—

(1) the disability or death was caused by hospital care, medical or surgical treatment, or examination furnished the veteran under any law administered by the Secretary, either by a Department employee or in a Department facility as defined in section 1701 (3)(A) of this title, and the proximate cause of the disability or death was—

(A) carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department in furnishing the hospital care, medical or surgical treatment, or examination; or

(B) an event not reasonably foreseeable; or

(2) the disability or death was proximately caused

(A) by the provision of training and rehabilitation services by the Secretary (including by a service-provider used by the Secretary for such purpose under section 3115 of this title) as part of an approved rehabilitation program under chapter 31 of this title, or

(B) by participation in a program (known as a “compensated work therapy program”) under section 1718 of this title.

(b)

etc-

I dont know if the referral by VA to U of PA would come under the 1151 reg, but anything subsequent to that, that involved direct VA care would-

I cant quite determine here when the VA itself got involved in any residuals of the original surgery.

[Berta]

If VA used the Kugel mesh patch (after recall)this could potentially be a strong 1151 issue.

Also if they used the Marlex mesh that too had many problems with it's use.

This case is a successful 1151 claim regarding repetitive surgery for a veteran's problems with treatment of a hernia.

http://www.va.gov/vetapp01/files03/0126396.txt

One of the last local vet's claim I worked on was in part a Section 1151 for infected mesh due to this type of operation.

He also had an asbestos claim at the BVA but died of cancer before that was resolved.

His son had taken a color photo of him taken almost a year after the surgery showing his abdomen uncovered and his VA hernia operation residuals looked like a gun shot wound.due to the infected mesh.It was a horrific photo.

I used this Photo on every page of our submissions of evidence.

In this BVA case photos of the veteran's abdomen were also used as evidence.

This case shows how VA fights this type of claim but also how medical evidence can overcome their denials.

[WAC-Vet75]

Thank you Berta for your reply!

I go for the CT on the 18th of this month.

The mesh they used to repair the umbilical hernia the second time (didn't use mesh the first time) was Ethicon Marlex Mesh. This third time, they used a 15cm X 15cm Ethicon All Prolene Mesh with Sorbafix. I am extremely thin, so that 15cm X 15cm "patch" covers my entire abdomen. Had I known, before the surgery, that they would possibly make my entire abdomen mesh, I would NEVER have agreed to it, and told the most recent VA Physician just that!

Not only am I having a problem in the left upper quad, but since the last hernia surgery, I have to be careful how much I eat, since any "over-eating" (taking that one extra bite) now causes pain. I can't afford to lose any more weight, and have been taking Boost/Ensure to try and keep the little weight I have. I'm down to 113lbs, and muscular (muscle weighs more than fat). I can't seem to gain fat, even losing the fat pads above the buttocks, in the hip area, (try taking injections without fat pads!), and this is causing me great concern.

I've handled a lot of adversities, but for some reason, this one is really getting to me.