Need attorney for Wyoming or California

[Lemuel]

Need an attorney for Wyoming or California for a complicated case.

SF-95 Tort case.  Reopening of class action case:

19880802 Bray vs Derwinski docket log.pdf

Have some cash and credit for costs expected to be over $100,000 to get through discovery if we can get that far.  Will pay hourly for start effort.  Then law allows 20% to 1/3.  possibly 40% for my individual case contingency since two state action.  A lot of recent NIH research publications providing new evidence. 

Mr. Bray claims a “legal disability” under Mr. Curtis’s cited Title 28, Section 2401 (a) of 3 years from August 15, 2015 instead of (b) and further claims a “Misrepresentation of Facts” under the citation of Title 41 in Title 28, Section 2401 (a); Section §7101 (9) definitions of Title 41.

 

In addition to the stated claim on the SF 95, Mr. Bray will be asking for a 1/3 to 40% of the award to him to be added for attorney’s fees plus additions for costs, expected to be substantial because of complicated discovery and expert witness evaluations, because of the alleged misrepresentation of facts should a court filing become necessary. 

Edited September 1, 2017 by Lemuel (see edit history)

[Gastone]

WHY?     More info is always better than less.

Is it for an Appeal (DRO or BVA Hearing)? The Retro Amount Legal fee at 20% could dictate the availability of a VA Lawyer.  For a BVA or CAVC Appeal, you certainly don't need a Wyoming or CA based VA Layer.

Semper Fi

[Lemuel]

Thanks for the response, Gastone.  I edited the post.

I have a positive BVA decision with TDIU back pay to July of 2009 from 70% less 20% attorney fees for a Rhode Island attorney who helped me get this far.  She has withdrawn because of family needs.  This will be a long case, require much work, and her practice in Rhode Island was pressing her time.  Plus she couldn't represent in Wyoming where I wanted to bring the case for court and law friendly reasons.

I raised the issue in 1987 and began the case quoted above in 1988 with other veterans.  New representatives of the classes will probably be needed because I no longer have contact and believe the individuals besides myself are probably dead or totally incompetent by now given the degree they degenerated in the years I knew them.

The 1987 date is in remand.  My last full time employment was in 1985.  I had a part time job working for Fred McMurray's business manager from 1987 to 1990 when I finally gave up trying.  The McMurrays paid me 4 days a week for a job that had previously been done in less than 3 days per week except during audit.  (The actor)

[Lemuel]

1. Also for more detail, I'm in a dialog with Berta under my post, "SF - 95 Tort Claim.

[Berta]

 

https://www.schmidtandclark.com/veterans-affairs-va-hospital-medical-malpractice

http://www.veteransmedicalmalpractice.net/?_vsrefdom=vmm_google&gclid=CNT5r_HShtYCFRy5wAodfnMBmg

https://www.cunninghamgroupins.com/all-md/wyoming/

http://www.attorneys.com/medical-malpractice/wyoming

There are many malpractice lawyers in Wyoming.

This is the search feature I used for more:

https://www.google.com/search?q=VA+Malpractice+lawyers+Wyoming&rlz=1C1CHBF_enUS695US695&oq=VA+Malpractice+lawyers+Wyoming&aqs=chrome..69i57.9279j0j8&sourceid=chrome&ie=UTF-8

The first link indicates they have had VA Tort experience, but other firms in the links m,ight well have dealt with Torts against VA too.

Some might appraise your case via email.

They will want to know when you first learned of the malpractice.

This is the Statute of Limits date.

They will want to know what additional documented disabling problems the malpractice has caused you to have.

They also will want to know what documented medical evidence you have of the malpractice.

Malpractice/negligence has a paper trail (or these days -an electronic trail)

For 'failure to diagnose and treat' cases they need documented evidence that a timely diagnosis was not made, or that a wrong diagnosis was made, causing the wrong treatment to occur.

Sometimes it is the wrong treatment that causes or contributes to  the basis of the Tort claim.

I already explained that here in my FTCA case.

I also had charged the VA with "omissions of acts" that led to his demise due to their malpractice.

With 100% now, I am sure you know of the FTCA Offset factor.

That is explained in the FTCA forum here.

I am still unable to open the downloads in your prior post.

Lawyers seek medical evidence, from the medical records themselves, to support FTCA cases.

It can be a daunting job, and I recommend that copies of  some of the medical evidence should be sent with the SF 95 form.

As I mentioned in your other post, I took them step by step,narrowing down the exact time and day the malpractice occurred in one VAMC and then how another VAMC tried to cover it all up.

I also proved a motive -which is not needed for FTCA cases but the motive bolstered my case. I knew why the initial VA malpractice happened.

 

 

 

 

 

[Lemuel]

I've tried all of the listed Wyoming attorneys who handle veteran's cases and medical mal practice.

I'm going to have to use your template to identify the specifics.  Problem is in many cases I'm going to have to refer to many documents which are missing but can be proved to have existed by other documents and it covers many years.

It's a long shot but I'm going to give it a try.  Hopefully, I will at least be able to get another reporter to take it up for an investigative report that will shame congress into doing something the way they did on the 2008 TBI report.

Thanks for your concerted effort.

[Gastone]

Is there a "Readers Digest" version of who you're Suing and the Status of the Suit? Has Discovery been completed? I take it that this is now a Civil Action against who, the VA or a private Medical facility?

Any redacted copies of Court Filings could be extremely informative.

Didn't your original Attorney attempt to broker or refer your case to another Firm?

Just read your last post, don't let the pursuit of this put you in the ground. Not very many Law Firms are in the market for High Initial Expense Long Shot litigation, could be a very tough sell.

Semper Fi

[Lemuel]

The personal claim is SF-95 tort claims filed with the Navy and VA appropriate offices.  The VA GC is responding for both.  A negative response was received:

20160420 SF 95 Claim Navy.pdf

20160420 SF 95 Claim VA.pdf

20160908 SF 95 negative response.pdf

20170209 SF 95 Request for reconsideration b.pdf

20170317 VA atty letter 001.pdf

20170724 SF 95 Amended settlement offer.pdf

20170731 Discovery plan FAX.pdf

The above documents are what Ann Gavin-Lawrence in the VA General Counsel's Office has to date.  In response to my question on a call a couple of weeks ago Ms. Gavin-Lawrence said she was working on October of 2016 so didn't expect to get to my case anytime soon.

According to the GC letter appointing Ms. Gavin-Lawrence I can file in court 6 months after the date of that letter examining the reconsideration request or wait for the GC's response to the reconsideration letter.  But, in my call to Ms. Gavin-Lawrence, she reminded me of the SOL consideration.  I take her implication to mean I have to be within the SOL tolled 1 year by the administrative process to date. 

I am attempting to toll the SOL by claiming disabling anosognosia until 3 months after beginning seizure therapy with Keppra on August 15, 2015 and deceptions in the record by the VA medical staff and administration.

TITLE 28, U.S.C.

§2401. Time for commencing action against United States

(a) Except as provided by chapter 71 of title 41, every civil action commenced against the United States shall be barred unless the complaint is filed within six years after the right of action first accrues. The action of any person under legal disability or beyond the seas at the time the claim accrues may be commenced within three years after the disability ceases.

 

TITLE 41, Section §7101

(9) MISREPRESENTATION OF FACT. The term "misrepresentation of fact" means a false statement of substantive fact, or conduct that leads to a belief of a substantive fact material to proper understanding of the matter in hand, made with intent to deceive or mislead.

20170613 V Ellermann ltr withdrawal.pdf

[broncovet]

It sounds like you want a malpractice attorney, not VA compenstaition attorney.  

If you want a VA comp attorney, there is little incentive to keep the attorney "local", especially since mostly everything in appeals happens in Washington, DC.  

Check with NOVA and look for malpractice attorneys:  This is the national association of Veterans Advocates.  

https://vetadvocates.org/welcome/find-an-attorney/

[Lemuel]

A Wyoming attorney who handles veteran's comp would be better than a malpractice attorney because of the knowledge of being able to settle either under the Wyoming Tort Statutes or the VA 38 CFR 3.154 claims.

Of course either could file the case in the U S District Court of Wyoming.  And then there is the 1988 California Class Action Case that could be reopened by a California Attorney which could then look at the advantages of joining the case to my 1151 Case in Wyoming or keeping it in California.

I want to file before the end of September in both states.  Wyoming for my individual case and California to reopen the old case based on new evidence and amending the case more specifically now that my head is back together a little after receiving proper treatment.

[Lemuel]

For those considering referring an attorney, I'm going to try a unique approach if they approve.  "Professional Inattentive Blindness";  My case covers over 48 years of treatment.  So the question is, "How could so many get it wrong?"   That question has been very troubling to me because I had enough training as a hospital corpsman First Class in the Navy to have spoke up for myself as well.  And should have been more convincing.

I'm attaching an audio that is 58 minutes long given to a Baha'i gathering.  There is only 10 minutes of it on "inattentive blindness" approximately 24 minutes into the audio.  Sorry, I don't know how to edit it down to those 10 minutes, and I haven't found the studies he references yet. 

It is an entertaining audio by the music conductor, Tom Price.  (Not the Trump appointee)  I first heard it traveling with a friend who likes to listen to his speeches while traveling.  Took me awhile to find it and sort it out from the others I heard on that 8 hour trip.  It is entertaining as well as informative.

I think many who are in Medical Malpractice claims will find it beneficial to give to their attorneys and insure their "expert witnesses" are aware of it. 

price_creating_new_mind_1.mp3

For those who find Tom Price a good listen, he has other talks about the Baha'i religion presented to Baha'i gatherings and recorded on audio that can be found on the link in this word document:

Tom Price.docx

 

[broncovet]

The method by which you get attorney fees paid is the EAJA, and it works fairly well and consistent with Veterans claims cases.  The key to getting EAJA fees, IMHO, is when you hire an attorney.  

You are unlikely to get EAJA fees awarded if you hire an attorney at other times.  That is, you will likely have to pay your own attorney fees if you hire an attorney before you go to BVA.  This may be worth it tho, becausee attorney represented claimants win way more often than VSO or pro se claimants.  Source:  BVA chairmans report.  https://www.bva.va.gov/Chairman_Annual_Rpts.asp

EAJA fees are consistently awarded when the Veteran APPEALS AT THE CAVC A BOARD DECISION AND WINS AT LEAST A REMAND.  

So, if you want your attorney fees paid here is the method.  

Get denied at the BVA.  Within 60 days, get an attorney to represent you at the CAVC.  If you win or get a remand at the CAVC, chances are very very good EAJA will pay your fees.  

Source:  Personal experience where I had been represented by an attorney at the CAVC TWICE, both times I got a JMR (Joint motion for remand, which is when VA consents to a remand realizing its inevitable) and my attorney fees paid by EAJA.  

Edited September 3, 2017 by broncovet (see edit history)

[Lemuel]

• I have a BVA decision.  Partial grant, TDIU back to July 2009.  Partial remand to consider back to first application date October 1987.  Partial denial of tinnitus back to July 1974 from October 1987.  I never claimed specifically tinnitus.  My claim was for loss of hearing (hearing problems which were written down by the clerk as hearing loss) in July of 1974.  Tinnitus was granted in October 1987 on a review of the record by an RO.  I believe it should have been granted back to the first claim for hearing as hearing is a system.  Part of the difficulty hearing is tinnitus and part a high frequency hearing loss.

Also denied was compensation for the wrist because I didn't say specifically the thumb.  My contention is that the wrist and the hand are a system.  The surgery fused the proximal phalange o the thumb to the carpal bones (used to be greater and lesser multangular but names have changed.) It is a combination loss of use.  The thumb and wrist.  Dorsal flexion of the wrist is not compensable under the schedule but the loss of use of the thumb which wouldn't be a loss if I had full wrist dorsa flexion.  Both claimed in 1974 as "residuals of wrist surgery" to repair an injury.  A net 10% increase in back pay.

Do you think an attorney could get a favorable decision?  My current Rhode Island VA accredited attorney doesn't want to spend the time doing it because of the difficulty.  Because I didn't specifically claim the items which I claim are inclusive in the claim and should be granted under CUE.

The adjudicator in Hawaii who did my 1974 claim did a thorough investigation of my accident injuries for "in the line of duty, not due to misconduct."  And granted 0% for hearing, 0% for wrist injury residuals, and 0% for residuals of facial inury and surgery.  No examinations were done.  It turns out that in 1985 I was diagnosed with traumatic brain disease, 8045-9304, and rated at 30%.  My employment record shows that I had continuing problems following discharge.  My contention is that this is a CUE by the adjudicator for not following relative 38 CFR (one of the first 4 of chapter 4) articles.  But because I had no examination I have only the 1969 inpatient records and a couple of 1969 and 1970 Enlisted performance records to prove CUE.  Can it be done?