ptsd Questions. Need Assistance Please. Vet's Antidepressant Induced Suicide

[DelanaM]

Hi. I'm researching for answers and help so decided to register so I could ask. Not sure where to put it as I have several questions covering several topics here.

My ex was Army, we divorced in 2012. We have a minor child. Once we divorced, he didn't share the details of his military business other than generally. He served for 6 years (2004 to 2010) Iraq, and was being treated in 2008 for a back injury. In 2010 after he was out he went to a VA where we lived, and then relocated in mid 2011 where he'd been treated for PTSD and depression. We had a few conversations about the meds he said they gave him (Prozac being one I recall) that were not helping, didn't like how they affected him and he'd acknowledged requesting a lower dosage next time he went to see his "shrink" (whatever he was actually seeing I don't know). He continued treatment for the duration in that state. For 2012 post divorce, and 2013, he was in and out of treatment for at least the PTSD - we weren't sharing much personal details.

In early 2014, he admitted himself for treatment because he was feeling suicidal. The VA basically let him stay til he "sobered up" and sent him on his way; also at some point he'd been prescribed sertraline and was told to keep taking it. On his way from leaving that VA, he followed through with an attempt but it failed. He drove himself back to the VA and was admitted for about a week, sent to "group therapy" and they added trazodone and hydroxyzine to his cocktail of drugs.

We were in contact from later April through the end of June and there were no reported attempts and while he acknowledged he was still in treatment and felt he was doing better, he never revealed the suicidal behavior or attempt. He again acknowledged having told his 'shrink' that the stuff they were giving him wasn't working, he couldn't feel anything, felt dull all the time, no edge, indifferent and cloudy, confused. I recalled the issue with prozac and suggested he throw them in the toilet and stop taking them but he said he wasn't supposed to just stop...and he "didn't want to shoot up a school or something" by going off them too fast.

He had some serious financial issues in that period of time and in early August began making bizarre, out of character posts on his facebook to mostly strangers, cryptic remarks about ending his life. He'd never been suicidal and certainly wasn't vocal about being a "drama queen" or the like. Meaning, based on who he was and how he was, he'd just as soon shove a fork in his eye than post drama filled attention seeking comments on facebook...yet this is what he did. It was so out of character I couldn't help wonder if someone gained access to his account and posted that nutty stuff.

He'd also made another suicide attempt with the sertraline, baclofen and beer intending to use propane but apparently passed out before he could trigger the propane. He woke up a few hours later - now ridiculously sick - and called 911, and requested to be transferred to the VA. The VA again reduced his attempt to alcohol drama, added eszopiclone and venlafaxine, admitted him to a psych ward for nearly 2 weeks until he wasn't an "imminent threat" to himself, told him to stop drinking and sent him on his way.

A week later he made a final go at it with the propane and took his life.

The only thing in his system aside from the propane had been venlafaxine at 1.2mg/L, and an acknowledgement of the bottle that was emptied but it was not reported as an overdose on that drug.

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On Oct 1, I went to the local VA in my state and got the VA guy to help me...though I honestly do not know if he actually helped me or not. He had me fill out a slew of paperwork to file for benefits for our son. I know that DIC, survivor pension and accrued benefits were checked. He collected copies of our marriage certificates, divorce papers, birth certificates and several other things, the DD214?, and filed an "EZ" something or another. He breezed through it all before I could really process what all was done. He asked what I wanted to file for and I went the safe route with "everything our son would be eligible for". After spending 2 hours there, he compiled everything and faxed it to somewhere with a cover sheet requesting expedited processing.

In early November, I filed with the SSA for survivor benefits for our son and within a week there was a lump sum and following with a monthly payment at the end of the month which, to be honest, is more insulting than helpful because it's hardly worth the day's pay of whoever processed it. Almost seemed to be mocking his death at all.

I checked the ebenefits site but my ex already had an account. I have no clue how to access it but the VA guy insists that I can access it using the ex's SS# to find out the status of the claim. I've called the 800 number and gotten zero assistance.

In early Jan, some guy called claiming to be from the VA and apologized for the delay, saying that he'd get it in the que for processing and I shouldn't expect to hear anything til March. He said something about the VA making a decision and approving which ever option is higher but since I haven't a clue what he's referring to, I don't know if that's good or bad.

Meanwhile I've had correspondence with a veteran/military lawyer about filing a medical malpractice and a wrongful death lawsuit against the VA and they wanted me to go get and send them his medical records. I sent a request to the VAs in 3 states, received squat for 2 months, and only got one letter they didn't know who I was. In the interim, the lawyer basically bailed out saying *I* never sent them the stuff they wanted. That's because the VA screwed around and didn't even acknowledge it for 2 months...and I still have no medical records to send.

============ QUESTIONS

In any of the above, is it "a given" that he'd officially filed for disability at some point? Is there some way I can find out if he filed, when he filed, and whether or not he'd been approved and or receiving payments?

What is it the VA has to "approve" if our son is eligible as a dependent child under 18, unmarried, and the death was service connected suicide? Or does PTSD and antidepressant murder count?

How long does this take?

In these 3 options I seem to have filed claims for, is disability included in that or do I need to do that too?

As for approving the claim, and payments - I suppose the retroactive or lump sum if any - is it based on when he filed for whatever, when I filed for these death/survivor benefits, or date of his death? Which time frame applies?

Based on the above backstory, is there anything that suggests whether he would've been likely to be approved for disability?

How does one determine whatever his "rating" would be - is there a resource that explains this is in normal people terms?

If any of the VA benefits are approved, is it one or the other, or can it be more/all of those 3 options - and if approved, how would that affect my son's benefits from the SSA?

What's the best route to pursue the malpractice and wrongful death suits? I am somewhat aware of the TORT claim, waiting 6 months, and then filing the suit but isn't there a claim option to pursue first? Pros and cons of that? Is it a good or bad idea to specify his actual "shrinks" prescribing him these drugs or diagnosing him, the ones who downplayed it at the VA in the malpractice lawsuit?

In this sort of situation, would the monetary award include any money he owed in support that was in arrears or that will never be paid up until our child is 18? Or is that not "allowed"?

I'm just trying to make sure I got everything covered because of their obscure deadlines and loopholes.

I'm thoroughly disgusted with the VA for drugging him to the point of suicide and then "thanking" me for his service while simultaneously wrecking my child's life through endless months of run around bs.

I appreciate any guidance and feedback but please, please try to stay on point. I'm in need of specific answers as much as possible.

Thanks again!

[Navy04]

Sorry to hear of your troubles, Great advice given above, and just try not to let the Govt get to you. Take your time and walk thru the motions. My kids collect SSDI checks because of me and they only get $345 a month, and that's with me collecting the max which is $2300 a month. They will never get rich off of our benefits, but it all helps. Good luck and God Bless!!

[Berta]

Just to add, we have interviewed some vet lawyers at the Blog radio shows, Bob Walsh and Doug Rosinski come to mind, as well as having Chris Attig, a vet lawyer too here as a member, who posts under VETLAw..

Many good veteran lawyers have had malpractice experience with VA in addition to some of the ones I posted links to,who seem to have specific malpractice experience..

[DelanaM]

Thanks for the feedback.

The ME report covered all of this, suicide is on the death certificate. The tox screen showed only propane and venlafaxine. They checked everything and that's all it was. The venlafaxine was the last of new prescriptions the same VA gave him when they sent him on his way. They downplayed his condition as "alcohol induced mood disorder" and essentially told him to sober up and sent him home.

Again, this suicidal business only began when he began treatment at these 2 particular VAMCs. I've known him for nearly 20 years, we've been hammered together, I'm well aware of how he got when he was intoxicated and he's never been suicidal. I realize something was "missing" when he got out after his 2 tours but when he was being treated at the VAs early on (different ones) none of this took place. He was more soldier-like, less campy and upbeat but he wasn't on a nose dive. It's only these last 2 VAMCs when he relocated post divorce that started giving him a cocktail of "suicide pills", where he was complaining about their inefficacy and even telling them at the VA the meds were not helping.

The malpractice basis is reducing his condition to essentially being a drama queen while intoxicated, told to sober up, continue taking sertraline and adding even more antidepressants when he kept telling them it wasn't working, and he was having suicidal urges...but mostly when he repeatedly tried to admit himself, requested longer term in patient treatment and they let him stay til he wasn't under the influence of anything and sent on his way.

His attempt in April is a clear example. He proactively went to the VA for help and told them how he was feeling. They sent him on his way the same day and on his way home he had a failed attempt, and drove himself back to the VA where they kept him for about a week, piped him with more drugs and sent him on. The last time was essentially the same way. He proactively tried to get help, the VA kept reducing it to alcohol induced, going for idiotic group therapy - he didn't need to vent and talk, he needed to be taken off drugs impairing his entire judgement and they refused/denied his request to be placed with inpatient treatment.

Within the week of his release he'd successfully taken his life.

They *never* should've released him, he was not better. The simple reality these drugs were wrecking his ability for rational thought while on them clearly shows he was not able to handle their effects. Instead of alcohol detox (he'd drink with them probably) they needed to take him off these meds. He was also prscribed sertraline with venlafaxine, known adverse interactions - he was on at least 3 antidepressants all who have proven adverse reactions and even on their labels warns to not be combined with other antidepressants by name.

Had they managed his condition correctly he'd never have taken his life. Again, as shown clearly by the fact when he was off those medications or they'd worn down, he was thinking clearly enough to seek help. After his failed attempts, he didn't just do it again. He either drove himself or called 911 for help. You don't call for help and request treatment and keep insisting the drugs to prevent suicide are making you feel suicidal if you "rationally" want to die. He'd have just intensified his efforts when he realized it didn't work the first time.

He was not wanting death. He was wanting to get help and they killed him.

Again, the only thing that tested positive in his tox screen for all other drugs/alcohol/poisons etc were the propane (which is how he did it) and venlafaxine...and it wasn't an overdose. The warning for this drug clearly and undeniably states that the risk of suicide is intensified in the early treatment stages and has the highest suicide rate within the first 10 days...and sure enough, they prescribed that in mid August and by the end of it he'd taken this medication and then taken his life for the count.

It's this specific two VAMCs, not all of the ones he'd been treated in since he got out. He originally went for the back injury and a year later he's being treated for PTSD. The depression and alcohol abuse were added once he'd relocated to the last two and next thing we know, now he's suicidal and impaired and out of it. It wrecked all his relationships, he pretty much abandoned his child, he didn't care...and he didn't care because of the crap those VAs were prescribing him and ignoring him when he told them over and over they were not working - he still felt suicidal. So they gave him even more and released him when he should've been monitored, supervised and given alternative treatment.

[DelanaM]

As for the ebenefits, the guy at my local VA (in a different state than ex was living in) who helped me file for all this on behalf of my son who can't do it because he's under age, he kept saying I can log in but I have tried registering an account and it keeps saying there's already one. My ex already had an account but I can't log in using his SS# (which is what VA guy told me to do to check the status of the claim) but I have no clue about passwords or how to get in it. I tried setting it up for my son's and it rejects it saying there's no such user.

So I call the 800 number, input the ex's SS# and it says no such user.

And again, I know I need the medical records. My original question is HOW do I go about getting them?

And I am going to pursue BOTH wrongful death and malpractice because they both apply. They failed him, they failed to provide correct and timely treatment, they turned him away, they overloaded him with drugs that impaired his judgment and caused the suicidal behavior to begin with, and because of it, he took his life when he never should have nor would have had he gotten appropriate treatment. My child's left without a father.

Attorney referrals would be appreciated. I see a bunch online but I don't know if they're legit or not.

[DelanaM]

And finally, he did NOT overdose.

He put a bag over his head and turned on propane.

[Berta]

Here are a few more:

Here are a few malpractice lawyers with VA FTCA experience:

http://www.rawlsmcnelis.com/practice-areas/va-and-military-medical-malpractice?gclid=CMqIifOxh8QCFY-EaQodkyEAuA

http://nationaltriallaw.com/practice-areas/national-federal-tort-claims-ftca-cases/veterans-affairs-va-hospital-medical-malpractice/?gclid=CJ_v46Cyh8QCFQ8waQodoyIAbA

http://www.vamalpracticeclaims.com/

http://military-law.lawyers.com/veterans-benefits/filing-a-claim-against-the-va-for-malpractice.html

This Tacoma attorney, Jessica Holman Duthie, got this vet $900,000

Read more here: http://www.thenewstribune.com/2015/01/24/3603545_va-settles-for-nearly-1-million.html?rh=1#storylink=cpy

Also if you search BVA decisions for successful 1151 awards, many of those claimants had good attornrys too who are listed as the POA on the decision and sometimes referenced as to FTCA.

FTCA and 1151 have offset factors, meaning the VA will deduct the settlement from any potential 1151 award.

However if a claimant can prove direct SC death in addition to death by VA malpractice, in some cases they can receive both 1151 awards as well as the settlement.

Bob Walsh and Doug Rosinski have done many show with us here and the older SVR shows and most recently on Feb 19th with Bob:

.
http://svr-radio.com/archives.html Just click on th sound Icon and your PC media player will pop up with the show.

I have discussed FTCA and 1151 with both of these lawyers but forget how long ago those shows were.....( It could have been 8 years ago.)

Bob's contact info is here:

Telephone (269) 962-9693

Telecopier (269) 962-9592

E-mail: rpwalsh@sbcglobal.net

Doug's is here under a search and at his web site.

Edited March 1, 2015 by Berta