New To This, Should I Even Attempt?

[beckyf]

I'm thinking about applying for compensation but not sure if I'd qualify. I had a c-section while on active duty in May, 2000. I was honorably discharge in March, 2001 while pregnant and received care at the Nat'l Naval Medical Center until after delivery. During labor in August, 2001 my previous c-section scar separated. The uterine rupture wasn't discovered until 7 days after delivery and I ended up with peritonitis, sepsis, and nearly died in the NNMC ICU. I have had 7 hernia repair surgeries due to degenerative fascia from the infection and have mesh over pretty much my entire abdomen and pelvis. I also have severe abdominal and pelvic adhesions from the infection. I deal with pain and physical limitations daily.

Would they consider the uterine rupture as post discharge so not eligible for compensation? Or would it be considered as related to the previous c-section while on active duty? I'm not sure how all of this works and would like advice as to whether I should submit a claim.

I hope this makes sense and thank you for your help!

Becky

[SeattleShay]

You definately need to file.

The rupture was secondary to your s/c pregnancy causing your original scar to rupture.

Why did it take them so long to find it ?

The subsequent surgeries and limitations should be s/c'd also.

Make sure that you have copies of all of your hospital records from the Naval Hospital, because they do not forward them to your service record (as I found out the hard way).

[beckyf]

I was told that heads rolled at the NNMC after this happened. I had gone back twice in the week after delivery and was sent home both times with dx of a UTI, while the whole time I had a 24cm x 14cm abscess in my abdomen and pelvis. I went for my f/u 2 weeks after discharge and was told they had just had a mortality and morbidity conference about me. That's not something you like to hear.

[Navy04]

You need to file, but make sure you sit down with DAV or VSO and have them review your records so that you file for the right conditions. God bless and good luck

[Philip Rogers]

beckyf - I disagree w/using any VSO's, like the DAV, AL, VFW, etc., as you are your best advocate. You should file today. You've already lost many years of compensation that you could've received, prior to now.

pr

[georgiapapa]

Totally agree with PR about you being your own best advocate. You have lost enough time and money already. You can gather your own evidence and submit your own claim quicker than a VSO. However, make sure you carefully review all of your evidence before you submit your claim. You want to submit your claim as soon as possible but you do not want to submit an incomplete or improperly prepared claim. There is plenty of info on the Hadit website about the VA claims process and you can post any questions you have on the Hadit forum. You can also Google "38 CFR part 4" to see how VA disability rating percentages are determined for different medical conditions. Your first priority should be to start gathering your evidence for your claims as this will take time.

You will need your medical records from the NMMC as well as your relevant post discharge medical records which show all of the medical problems and resulting physical limitations you have experienced since your C-section in May 2000. Although it is probably not necessary for a successful claim, I would gather any information and records you can find where disciplinary action may have been taken against staff members at the NMMC as the result of the improper medical care you were given. You may also want to check with NMMC to see if there is a transcript or recording of the "mortality and morbidity conference" about you. Again, this type of info may not be necessary but it could strengthen your argument that improper medical treatment in service is the cause of the many medical problems you have endured since your discharge.

You should also try to get an IMO (Independent Medical Opinion) from the doctor or doctors who treated you for the different medical problems you have experienced since discharge which are related to the C-section issues while in service. The Hadit website has info on IMOs.

Good luck to you and thank you for your service.

[jbasser]

Perhaps you should find a good TORT attorney. Heads rolled for what? That usually means someone screwed up.

J