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Tennsee Ftca Vets Get

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Berta

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Tennesee vet's malpractice claims get a set back.

“Veterans suing the federal government after receiving colonoscopies with potentially contaminated equipment have been dealt a setback in federal court.

Todd J. Campbell, chief judge of the U.S. District Court in Nashville, dismissed one of the veterans’ cases in an order Friday. The judge said the lawsuit failed to meet the requirements for the filing of a medical malpractice lawsuit in Tennessee.

Mistakes with rigging or cleaning endoscopic equipment at Department of Veterans Affairs hospitals in Murfreesboro, Miami and Augusta, Ga., between 2003 and 2008 created the possibility that waste and bodily fluids from patients were transferred to subsequent patients receiving colonoscopies. Thousands of potentially exposed patients were informed of the mistakes in 2009.

After administrative claims for compensation were denied, more than half a dozen of the Middle Tennessee patients sued in federal court. While the other cases are still open, Campbell’s decision does not bode well for them. The specific facts of each case vary, but they make similar arguments — so similar that the cases were transferred away from the various judges they had been assigned to and grouped together in Campbell’s court for efficiency’s sake.

The case dismissed Friday was a $3 million suit filed by Thomas Anthony Mayo. Mayo claimed he contracted hepatitis from one of the colonoscopies that has led to chronic liver disease. Mayo said the situation has emotionally devastated him and his marriage has suffered greatly because he and his wife can no longer experience affection and intimacy.

Campbell ruled that Mayo’s claims fall within the scope of the Tennessee Medical Malpractice Act, which requires litigants to submit expert proof of their allegations. Mayo had argued in court filings that an expert opinion isn’t required to determine that the VA’s mistakes led to his infection.”

http://www.tennessean.com/article/20110512/NEWS/305120039/Veteran-s-colonoscopy-suit-runs-into-trouble-in-court

When the VA denies administrative FTCA claims the only recourse is to file in a federal court. These courts abide by state laws as to malpractice claims and it is unfortunate that apparently none of these vets did not have expert opinions (IMOs) that would have supported their claims and depended solely on VA's admission of contaminated equipment.

If they had strong supporting independent medical evidence from an experet in the filed of the disability they incurred that directly associated the disability with the contaminated equipment -they could have won at the administrative level of VA under FTCA.

A good rule of thumb- if you feel you have basis for FTCA and/or 1151 get an IMO right away to see if in fact negligence occurred.

If you file under FTCA get a lawyer.

I didnt have an IMO for my FTCA case. But I did have an expert opinion.Actually I had two.

From the VA itself when they could no longer ignore how probative my evidence was,their expert opinions concurred with my charges.

I dont know if these vets, if they obtain any supportive IMOs now, could even use them beyond perhaps a Section 1151 claim.They cant go back into the federal court and you cant file FTCA against VA twice for the same thing.

Edited by Berta

GRADUATE ! Nov 2nd 2007 American Military University !

When thousands of Americans faced annihilation in the 1800s Chief

Osceola's response to his people, the Seminoles, was

simply "They(the US Army)have guns, but so do we."

Sameo to us -They (VA) have 38 CFR ,38 USC, and M21-1- but so do we.

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Hello All Hope All Is Well.

I am in these stages of preperation and I can assure all of you not many private Medical Physicians wish to tangle with the VA or Gov. Reasons of litigation and prying into ones business Iam finding out.

Secondly i have just gone for an IMO Orthopedic prepared all material and format that is required by rebuttal or to refute a Compensation examination as inadequate.

The Physician did provide the necessary answer that the examiner did not even consider any of my concerns clearly however when it came to secondary concerns he did not respond to those issues.

And Clearly stated he did not wish to represent that or portray that he is a consultant for the VA.He also stated in his written responce that he NOTED this case was dismissed with PREJUDICE from a BVA DECISION.

and wish me luck with my difficult situation .

I scheduled an appointment with an Neurologist when she walked in and saw a Folder 2 inches thick with material she said Iam sorry I can not help you was not even in theexam room 5 min when I scheduled the appointment I was very clear as for the IMO and that I am Disabled Veteran.

In Closing I am getting one hell of an education and plenty of material for an auto biography of SERVICE US ARMY and VA RULES REGULATIONS AND THE LAW.

Iam workin with counsel as to what can be published so that the VA can piss in the wind and kiss my arse and those VETERANS whom have been mistreated for decades by the SYSTEM Clearly No accountability and transperancy by employees

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