do i have a 1151 claim

[allan46131]

I was inadvertently discharged from VA hospital (no discharge orders) before being seen by a neurologist. I had a defibrillator upgrade prior to this. I was having horrific headaches all night and the doctor ask for a neurologist to see me for possible stroke. I was sent home and returned back to emergency room where i had had a stroke. I lost sight in my left eye .  The doctor states he don't know why i was discharged.

 

Should i file a 1151 claim

[Berta]

I replied to this question in your other post-I forget where you posted it.

All I can add, is if you can find out if the original defib was faulty.Or of there was a problem with the leads or the battery.

And if so, was it made by St. Jude Medical, as they have been sued:

http://www.cardiovascularbusiness.com/topics/healthcare-economics-policy/lawsuit-st-jude-waited-years-recalling-faulty-defibrillators

 

[Berta]

one more reply-

The VA has done business in the past with St Jude Medical and recently signed a $$$52,159,536 $52,159,53652,159,53652,159,536

contract regarding Heart and Spine acquisitions with them, as I understand this link

https://govtribe.com/contract/idv/va11917d0016

I wonder if your “upgrade” was due to this type of situation:

“The Food and Drug Administration is alerting people to a voluntary recall of 465,000 pacemakers after security vulnerabilities were discovered that could let hackers reprogram the devices, potentially putting patient lives at risk.

Several devices from Abbott (formerly known as St. Jude Medical) are included in the recall, which the FDA says is intended as a “corrective action”, including the Accent, Anthem, Accent MRI, Accent ST, Assurity, and Allure.

The good news: If you’re affected by the recall, you won’t have to have the pacemaker removed and replaced. (In fact, the FDA recommends against that.) Officials say the vulnerability can be fixed with an upgrade to the device’s firmware, something that takes just three minutes or so to complete. (While the system is updating, the device will work in backup mode, ensuring its essential features remain in operation.)”

Abbott was formerly known as St Jude Medical, as the article states.

There are many reasons one can have a stroke...poorly controlled HBP, atherosclerosis due to plaque in the arteries, wrong HBP meds, or contraindicated meds, also CAD/IHD can cause stroke, and that can be determined with a full reading of all of your medical records.

I suggest again that you need to get a copy of all of your VA medical records.

The records Access officer at the VAMC which treats you might have a brief form you can use. I have said these dozens of times here- it bears repeating-

No veteran needs to file a FOIA for their VA medical records. Many do and that is why it takes so long to get them.They can cite the Privacy Act USC 552 if they wish but- these are their records-so no need to even do that.

Don’t mention anything about a potential 1151 claim-that is when stuff can disappear.

When you obtain those records, that is when you will need to find an IMO/IME doctor to review them.

I suggest Dr. Bash because he is a NeuroRadiologist but in fact you might need a forensic cardiologist instead.

We cannot really determine if this is an 1151 issue....it is Very concerning that you had that stroke, but only the documented med recs can reveal what happened.

The VA contract was for $52,159,536 with St Judes Medical,INC.( Abbotts)

Edited March 30, 2018 by Berta

[broncovet]

I think Im a "spring bird" praising Berta's posts (again), and for good reasons.  

She is our expert on 1151's.  (And other stuff, too).  

The only thing I suggest is get all your medical records, and read them carefully before filing the 1151 claim, as filing an 1151 is probably going to stir up a hornets nest and you dont want to go there until/unless its documented.  

There is often a difference between what a doc tells you, and what he records in your medical records.  This is especially true if the doc is, basically, critical of one or more of his doctor peers.  

In short, "do your homework" before filing an 1151 covering the 5 p's..proper preperation prevents poor performance.  

Edited March 30, 2018 by broncovet

[Berta]

Thank you Broncovet but I sure wish my husband never had any 1151 issues.Still I am a believer and find that good does often come from bad  things.

We seem to get 4 types of FTCA/1151 issues here:

A few over the last 20 years have been Prime facie, and should succeed, based on what I could determine from the poster.Those vets or survivors seemed willing to get IMO/IMEs , based on the veteran's VA medical records.

Some ,however, (I gave up on one vet's 1151 issue here after 10 years ,I even wrote the 1151 for him and posted LOTS of probative evidence he had overlooked, because he has hung his hat on a different SC issue that I feel will fail.That SC theory  already has been denied so far many times.

And some tell us a story ( every claim is a really a 'story' at first) yet fail to answer our questions, or worse yet do not understand the 2 basic criteriae for FTCA/1151 claims.

And some tell us they think VA mapracticed and when we reply wityh advice , they never return.

If a veteran or their survivor gets a strong IMO/IME , that reveals  major VA malpractice, and/or wrongful death, they would sure be able to get a lawyer to file FTCA for them.

It is surely  true as someone has said here- that lawyers are not interested in 1151/FTCA issues that would provide minimal comp. But if a vet has an supportive IMO/IME, then -as miserable as it can often be-they can certainly  succeed themselves.