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Lemuel

Need attorney for Wyoming or California

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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.

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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

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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

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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/

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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.

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