Vet Severely Disabled Due To Va Prescribed Meds

[silke]

Not sure If I have a case here, please advise.

My husband started going to a VA Clinic in 2009. He was prescribed a drug called risperidone by a psych doc. After 6 months or so he began to shake, and had involuntary movements....not severe but noticeable. The drug was not effective so they kept raising the dose.....over time his involuntary movements became worse. We went to a C&P exam in 2010 for a schizophrenia claim and it was mentioned in the exam report that he had Tardive Dyskinesia.....a involuntary movement disorder brought on by the meds he was prescribed....this was the first time that I was made aware of his condition. I ordered his treatment notes and his doc was aware of what was going on with my husband.

For the next two years he was kept on a high dose of risperidone and his condition became severe....he has constant involuntary movements, has a speech impairment, gait problems and has almost lost use of his hands.....I filed a claim for TD and was given an 80% rating permanent as well as SMC L for A&A.

Last summer we moved and went to a new clinic, and was seen by a psychiatrist/neurologist, he seemed surprised by my husbands condition and immediately took him off the risperidone and started a different drug. He also, for the first time, documented a diagnosis of Neroleptic Induced Tardive Dyskinesia....unfortunately his condition is now permanent and there Is no treatment for it...he will be like this for the rest of his life.

I have read extensive medical documents on this. From what I have read, at the first signs of tardive dyskinesia the offending drug should be discontinued, continued treatment would cause worsening of symptoms and condition will become permanent...and that's exactly what happened.

I feel the doctors were negligent in his care...something should have been done a long time ago.

[Berta]

Plaintiff - appellant,: JONATHAN ELLIOTT
Represented By: Jonathan Elliott

http://dockets.justia.com/docket/circuit-courts/ca9/14-55283

He is going Pro Se and I have been a Pro se attorney many times.....

But is he an attorney as well?

In my personal experience , anyone going into a Federal Court

(which I did as Pro se attorney myself- I had sued one of my former vet rep )



MUST have a good handle on civil law and needs to read the entire packet on Civil Procedure he had to buy from the court

if he cant get one for free.I alsosuggest he get the packet for convicted criminals who sue in the Ct systems.

If he is going pro se ,Is he fully prepared to handle the deposition process =thjey depose him and then he must depose them...lots to that....and he can purchase the trabnscrips from the court reporter.

and does he know how to subpeona witnesses?

I am not sure what question you have here....

Are you yourself the same pro se claimant in this lawsuit?

[Pete53]

Many Veterans have gotten funky medications from VA. I got heart medication and supposedly have been awarded 42,000 less costs and lawyers fees but yet to see a dime. My award came from a class action suite against the manufacturer.

[carlie]

http://www.yourlawyer.com/topics/overview/risperdal

[Klblamble]

It is important to note,  it's not just anti-psychotics do this.. I was placed on reglan oral to try to get my stomach to work after being diagnosed with gastroparesis- I was only on it for a few weeks and quit right away.. However,  about 5 years ago (about 4 years after being on reglan oral) I began to tremor again I can still type but i shake while eating,  shake too much to enjoy my photography hobby and getting worse. My doc is convinced it's tardive dyskinesia, I have a brain MRI scheduled in January to try to find out something..

Edited December 6, 2018 by Klblamble

[Berta]

You are correct about the anti -psychotics:

https://medlineplus.gov/ency/article/000685.htm

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5472076/

and many more on the net if you google tghis disability and the causes.

The MRI will tell the doctors more.

Were these meds prescribed by a VA Physician?

Many VA doctors these days do not work for the VA but are contracted to the VA. 

There are a few claims at the BVA due to this condition-here is one that succeed:

"ORDER Compensation under 38 U.S.C.A. § 1151 for tardive dyskinesia, manifested by involuntary oral facial movements, secondary to VA medical treatment (medication) is granted."

https://www.va.gov/vetapp00/files1/0003403.txt

The FTCA SOL is 2 years ( some states have a shorter SOL) but you can file a Section 1151 claim.Or file it as secondary, if the meds were for a SC condition, or file it both ways.

Unless the MRI reveals some other cause for the TD.

We have a lot of info in the FTCA and 1151 forums here.

They both require the same evidence:

1. proof of negligence by a VA doctor ( s) that caused this TD disability.

2. proof of the additional disability that is at least 10% disabling.

The VA aggressively fights these claims.

You need to determine if the prescribing dotors are,in fact , actually employed by the VA.

We have a link here to help with that- I will try to find it-

You will need a strong IMO/IME ( Independent medical opinion/exam) to support the claim.

Our IMO/IME forum ontains the criteruia that opinion must follow.

The above BVA vet however got a favorable opinion from a C & P doctor-but also the VA points out this was before the 1997 Moratorium. I was in that moratorium.

Then again I am assuming your medical care has come from the VA......

has it?

Were the meds prescribed for a SC condition?

 

 

 

 

 

 

 

 

 

 

 

[Berta]

This is the link to VA's contracting medical providers:

https://www.va.gov/health/ourdoctors.asp

I am posting it in the main forum separately-