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Lemuel

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  • HadIt.com Elder

I need an FTCA attorney.  I have a Wyoming attorney willing to stand in as the Wyoming attorney for filing in the U S District Court for the Wyoming District.  Is any available frequenting this site or can I get a referral from someone.

The case involves prescribing a medication, Tegretol,  for "atonic seizures" that was contra indicated, made my condition worse and then the West Los Angeles VA RMC Seizure Clinic refused to change medications.  When It made me so bad, after 5 months, that I weaned myself off an quit the drug they still wouldn't provide a different drug and instead diagnosed me with "pseudo seizures" which cannot be done if there is a record of epileptiform spiking in an EEG as is the case.

From the Physicians' Desk Reference:  "

From the current online PDR, “Carbamazepine is not recommended for use in petit mal…” (absence) “… seizures, atonic seizures, or myoclonic seizures because it can exacerbate these conditions.  If a worsening of seizures occurs when therapy is initiated, this possibility should be considered.” (copywrite by PDR, LLC, 2017) This is exactly what happened to me and when I complained in the last of 1990 into 1991 the Seizure Clinic refused to change therapy.

Tegretol was approved in 1968.  It had 22 years of service before it was prescribed to me on a diagnosis of "Atonic seizures."  I'm not sure the warning in the current PDR was in the 1990 PDR but assume it was because of the years of service.

I lost approximately 32 years of optimum employability and employability.  My finale full time employment was in 1985 with a 2 year break to a part time job, that ended in 1990, which was essentially a charity job working for a business manager of a well know actor in Los Angeles.

The seizures are the result of an anterior temporal lobe injury in 1969 and went undiagnosed until 1985 and then untreated until confirmed in 1990.  Following the diagnosis of "pseudo seizures," I was untreated for seizures until August of 2015 with a drug I could tolerate.  No drug was tried until a private NB Ward physician tried Lamotrigine in April of 2014.  The immediate effect was great but in three days I developed Steven's Johnson's syndrome.  Keppra wasn't tried until August of 2015  here in Wyoming, and has been working very well.

I'm currently service connected for a TBI at 40% with a combined rating of 70% and granted TDIU from 2009 per a BVA Decision on May 11, 2017.  There is a remand in the decision that may take the TDIU back to either the claim in 1987 or the end of the part time employment if it is judged as "substantially gainful employment."  The pay was and there is a statement of the now deceased employer in the record stating that I was paid 4 days for 3 days work which I wasn't able to full fill and part of the work had to be shifted to another employee.

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Why not try this lawyer:

http://www.militarymedicalmalpractice.net/?_vsrefdom=mmm_google&gclid=EAIaIQobChMI-antrLfL1wIVCf5kCh3HxQfyEAAYAyAAEgL_NvD_BwE

He can evaluate your case on line at the site.

This video will talk about the firm's experience with VA malpractice.

http://www.militarymedicalmalpractice.net/veterans

 

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I forgot to add, this is Archuleta Law Firm-  the link above-

Michael Archuleta is both an attorney And and a  doctor.

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I hope you have an expert affidavit or your lawsuit will be dismissed before you even get to trial. The current online PDR means nothing. You need an expert affidavit from a medical professional in the same field. The medical professional can charge up to $5K for the affidavit. You probably need more than one expert because the US will have several experts. Then you would also have to pay the expert to testify at the trial which could cost around $15K. I doubt you can find an attorney without the expert affidavit. The attorney would need it when they file the lawsuit or they will be just wasting their time.

https://scholar.google.com/scholar_case?case=4124430063268083504&q=ftca+veteran+California&hl=en&scisbd=2&as_sdt=40006

I filed my FTCA claim in July and my treating physicians aren't going to write me an affidavit for free. It takes them several hours to review all the VA medical records and write up an affidavit. The physicians charge $500/hour or more.  An expert is even more expensive. 

If your treating physicians works for the VA, they can't even help you due to conflict of interest. I have a two private physicians and I don't use the VA healthcare.

The case reference above is unheard of because the defendant usually motion for summary judgement before the trial to dismiss the case without prejudice for not having an expert. The plaintiff would have a short time to get an expert and amend his complaint. Instead, they let the plaintiff go to trial and plaintiff lost without an expert.

I doubt you can find an attorney who would waste their time and money trying to toll the FTCA Statute of Limitations back to 1988. You better learn about the California Statue of Repose for tort claim because it is one of the affirmative defense they are going to use against you. You have 3 years from the date of injury or one year from the date of discovery(which ever one occurs first). The 3 years from the date of injury would occur first barring your complaint. The US government can only be sued where by a private person would be able to be sued.

You discovered the injury back in 1988 when you filed for class action in the US District Court and it was dismissed without prejudice. How are you going to be able to toll it for almost 30 years from the time you discovered it.

 

Edited by Solo
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  • HadIt.com Elder

Expect to pay a bunch for Attorney and expert witnesses.  Finale treatment and State of Filing is Wyoming.  Filing the tolling of the SOL based on title 28.  The VA is a multi state organization.  I can file where I live because they have an office here and this is the state I signed that "Enlistment Contract" in which is the basis of Wyoming Law.  Doesn't matter where it happened.

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.

Not only is there a misrepresentation of facts there are other deceptions and the repeated failure to provide the record referred to in other sections of the official RBA.

You don't seem to be an attorney, SOLO.  I'm not either but at least I look up the citations the other party is using to make sure they are not being deceptive.

And we are in a much different public climate which sways judges from what I understand.  I've been talking to attorneys who can't represent me because of Wyoming State Employment.  One was initially as negative as you are but has switched because of Title 38.  The primary goals of the VA and guarantees of the 14th Amendment Sec (4)(d).

Only costs me $500.00 to file and then let a Judge decide.  I'm not going to prejudge or let someone else prejudge for me.

Edited by Lemuel
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  • HadIt.com Elder

Berta, Thanks!  I submitted a request to evaluate.

On ‎11‎/‎19‎/‎2017 at 1:06 PM, Berta said:

Why not try this lawyer:

http://www.militarymedicalmalpractice.net/?_vsrefdom=mmm_google&gclid=EAIaIQobChMI-antrLfL1wIVCf5kCh3HxQfyEAAYAyAAEgL_NvD_BwE

He can evaluate your case on line at the site.

This video will talk about the firm's experience with VA malpractice.

http://www.militarymedicalmalpractice.net/veterans

 

 

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FTCA in US District Court uses caselaws. Citations are for the Board of Veteran's Appeal and US Court of Appeals for Veteran Claim. Your claim looks more and more like a claim for disability benefits.

The 14th amendment is for suing the State and local government.  The 5th amendment is for the federal government.

The lawyer is a quack. He talk about his firm, but he doesn't mention himself. He probably has very little trial experience. I enter his name in the Google Scholar search for caselaws and his name is not mention at all in any FTCA cases.

If you sign up for a PACER account with the courts, then you could look at all the cases where he represented the plaintiff.  I wouldn't use this guy personally. 

Edited by Solo
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