To Flu Shot or Not to Flu Shot?

[Berta]

These are two of my multiple posts in the 1151 and FTCA forums on VA malpractice:

http://community.hadit.com/topic/68750-update-to-ftca-info-here/

http://community.hadit.com/topic/68311-read-first-before-claiming-section-1151/#comment-423026

You need to request from his VAMC, all of his VA medical records and obtain any private non VA records as well.

Do NOT tell them ( they might have a request form at the VAMC's Records Access Officer's Department or office you can fill out and sign there(it will probably be same person as the FOIA office person)  you want the records to see if VA committed malpractice..That is when stuff might mysteriously disappear.

Save all of his medication bottles you still hopefully have.I needed them for the coroner because a VA pharmacy error had been made days before my husband died. They almost killed another local vet too due to this error.

FTCA and Section 1151 are two separate issues. You can file both. I sure did.

But you need to get the medical records, autopsy and death certificate first.

You have two years after his death (or the first day you believed malpractice occurred) to file the FTCA within the two year Statute of Limits. There is no limit on filing Section 1151 claims.

I have been through all of this and have many posts in the 1151/FTCA forums on these types of claims.

 "This time the Infectious disease Dr. wanted his VA medical records the nurse brings the paperwork the Dr. fills it out and has me sign it." 

Was this a VA doctor???? I hope there is a copy of what you signed in the med recs.

What exactly did they need your signature for?

I am still confused as to how much of the above care just prior to his death was directly from the VA.

Only VA health care has liability under FTCA/1151.

Private hospitals have to be sues through the civil court system.

A VAMC in Florida has already been sued for contaminated colostomy. endoscope equipment:

http://www.colson.com/federal-judge-awards-1-25-million-in-first-malpractice-trial-against-va-hospital-over-contaminated-endoscopehttp://www.colson.com/federal-judge-awards-1-25-million-in-first-malpractice-trial-against-va-hospital-over-contaminated-endoscope

There were Many lawsuits over contaminated VA equipment used for colostomys and endoscopes years ago.

No wonder they sent in some infectious disease specialist.

Do you have a copy of what they asked you to sign?

 

 

 

 

Edited February 11, 2017 by Berta

[Berta]

I need to add how I sure appreciate the service both of you gave to our great US of A!

And there is the potential for DIC here as well......but first 

Florida state law controls autopsys so the Medical Examiner in your local is probably where the autopsy can be obtained from (unless it was done at a Florida VA by the VA ,or maybe the ME comes to VAs in Florida to do them.) and I suggest to get both the death certificate and the autopsy ASAP.

Here in NY the autopsy was not part of my husband's medical care,as he died at home in our barn, so not in his med rec and I had to get it from the Medical examiner.

The County Coroner prepared and sent me the death certificate, so that too was not in my husband's VA med recs when they arrived.

What these documents reveal as cause of death would be critical to the DIC claim for direct SC death if possible, and/or 1151 death, if possible ,as well as to any 1151 or FTCA issue.

Also it is going to take a full medical review by an Independent Medical provider ( non VA) with some expertise in what the post death evidence reveals caused his death,unless the VA prepares a favorable Peer Review report based on your initial evidence.

The VA had a favorable Peer report done within months of getting my SF95 and my lay medical opinion with evidence. That report disappeared ,along with the regional counsel who wanted to settle with me for wrongful death, the Peer Reviewer , too and the report itself....I had to pursue my FTCA/1151 issues without it.

Also the 12 copies of my husband's autopsy,mentioned in my testimony to the H VAC years ago ,all sent via priority mail with confirmed receipts from VA, disappeared every time I sent them, and the VA even withheld a copy of the autopsy from the VA General Counsel as well as the posthumous C & P examiner......

Make sure you get a USPS proof of mailing for anything they ask for.

I did succeed in those claims but my point is the VA fights them aggressively and claimants for FTCA should definitely get a malpractice lawyer as well as a very strong  IMO.(Independent medical opinion).

 

 

 

[Guest L]

I have gotten one for the last 43 years with no adverse effects.( age 17 in the Navy 1975)  I worked in a hospital, seeing people across the age span in the ICU w/ pneumonia related complications die from this.  I opt for the injection. BTW : "If you are sick - STAY HOME"! for about 7 days..... 

[broncovet]

Jeannie...I am so sorry for your loss.

Jeannie posted:

Quote

My Husband got the pneumonia shot from the VA 27 Jan 2017.  2 Feb 2017 he passed.  With in 12 hrs he started having shortness of breath.  By hour 24 his stomach started to become distended. 

While you also mentioned a (recent) colonoscopy, this sounds like more than just coincidence to me.  

In police forensics, some famous people say "There are no coincidences".  

Berta is an expert at widows benefits, and I suggest you take her advice.  It might be a great time to see a lawyer...

Im no doctor, but this smells like some bad medical care somewhere....

[jeannie1970]

I apologize for not responding earlier I have been in hell.  An autopsy was not done as per my husbands wishes.  He said the only way he would allow his autopsy would be if Ducky from NCIS was doing it.  So I had to follow his wishes.  He was cremated as per his wishes.  So I had no choice, follow his wishes or upset his adult children who had the same instructions as I.  My sister looked at his last lab report that he received the day he got the shot.  She noted he had a fatty liver and should have never gotten the shot.  So what do I do.  I am trying to figure out how I am going to survive financially;  I receive 100% disability from the VA for severe depression due to pain.  It is however temporary and I need to go to a new C&P in Nov.  So they might say I am fine and take it away and leave me with the 30% I had before.  So I am in real despair.  My husband was semi retired and brought in $1200 from work $372 retirement $133 VA disability for tinnitus which has already ben stopped, and $1020 Social security retirement.  A big chunk of money has stopped, disappeared never to be seen again.  I am calling the mortgage company to see if they can help me, I only owe 17,000 on the house plus a home equity loan at $6000.  They said they should be able to help me but it is weird because we are current on the mortgage and equity loan both of which are Wells Fargo they also hold the loan on the truck I bought my husband for work.  So I am lost, scared, terrified horrified and petrified.  What do I do???? 

[Berta]

Does the Death Certificate reveal anything he possibly should have been service connected for?

I am so sorry but without an autopsy most of the advice I gave above won't help.

Can you post here what the death certificate stated as to primary and secondary cause of death?