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jbasser

Anyone used the Arkansas VA over the past few years

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A dear departed friend of Hadit and the Hadit Podcast Crewmemner Mike Sasser AKA Stretch, used the Fayetteville VA. He had a host of health issues. He passed away a few years ago.Fast foreward to present time and his widow gets a letter stating he was on a list. This list was a list of veterans that a Pathologist didnt inform veterans of cancer diagnosis. Jerrel and I talked Stretch to seek care outside of the VA where he found out he had lung cancer at Stage 4. He passed away a few months later.  He was a true friend, Co Host and Radio Technician and to see this happen angers me to no end. 

https://5newsonline.com/2018/06/18/review-announced-after-pathologist-found-to-be-impared-at-fayetteville-va-medical-center/

 

Edited by jbasser

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That letter might support an FTCA case.  ...for any vet or survivor who gets a letter like that-

FTCA requires filings within 2 years of knowledge of the malpractice-the letter would be the beginning date of the Statute of Limits....maybe.......

I wish we could see that letter here-

There might be another fiasco coming- it seems VA was underreporting suicide statistics------

I dont have enough info yet to give details.....

If Stretch's wife can file FTCA, she can possibly  negotiate a settlement with an offset that could not impact her DIC too much. ( that is she would only lose the DIC amount until the offset is paid)

Then again- I dont think she uses a PC and would need a lawyer------

I was stunned when Mike got this diagnosis- it doesn't happen overnight.

The article states:

"She said more than 900 cases had already been reviewed, with the seven misdiagnosed cases being found. Of those, one of the patients had died, and an investigation was under way to determine how much of an impact that misdiagnosis had on the patient's condition and death." (guess that is Mike's case)

"She said there were up to 30 pathologists who are "willing, ready and able to assist" in the review. She said it's the goal for at least half of the case reviews to be performed by pathologists outside of the VA."

 

If I was a malpractice lawyer I would be thinking "Class Action".

 

 

 

 

 

 

Edited by Berta

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If this regards Mike Sasser's death, I think his wife got DIC under the 10 year rule-

I have flashbacks of how the RO made my 1151 so difficult and deliberately withheld probative evidence from the VA General Counsel for my FTCA.

They thought they could cover it all up- but they didnt realize how determined I was.....

Any affected veteran ( and they might find more widows) impacted by this ,hopefully will take any legal action they can against the VA.

I just remembered something-

I am upset by the letter Mik's wife got -----

My 1151 DIC was held back by the VA for many years- unil they recovered my FTCA offset.

I already told the story here that they held back 40 thousand too much- and the RC called a CUE on them, and they had to send me that cash.

But then I proved the veteran died from 2 Agent Orange disease contributing to death.

The VA had to refund the FTCA offset to me.

Mike's wife might not even have a withheld offset if she can prove he died of an AO contributing.

Or maybe the ten year 100% P & T DIC would also overcome any withholdings....

It would be great to see her letter- and any letter any vet gets about this situation.

 

 

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To add, this is the ballpark letter VA is sending out to over 19,000  Fayetteville veterans who had some tests reviewed by the pathologist who has been fired from the VA.

They claim " a small number"of cases so far reveal misdiagnosis.Yeah right- how does VA interpret the word "small"???

letter-from-va.png?w=770

 

I assume the letter Mike Sasser's wife received was different from this generic one, and this is why I hope she can join us and attach her letter here.

As the letter states: this VA "lookback" is "extensive and may take several months to complete."

That could possibly affect the FTCA Statute of Limits- 2 years after knowledge of malpractice.How does VA define " several" ???

And who is being paid to do the "independent" review??? another word that I wonder how VA defines.

 

 

 

 

 

 

 

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 I remember Stretch from the Hadit radio shows and from his postings. I always love his Analogy of things.

One thing I remember about him  he never complained or worried about death,  he seemed ready to go and tired of all the pain but was certainly concerned about his family.

I believe WITH MEMBERS FROM HADIT we can help Stretch Spouse,

From this pathologist letter, even if they are 19.000 letters just like it, who is to say this was not what caused the death of Mike? aka stretch, had he had a earlier correct diagnoses he may very well be alive today.

If this has just caused one Veterans death that is one veteran to many. and stretch spouse should file a FTCA/TORT Claim...even if the 2 year limitation has passed , because of this letter will help her tremendously. 

SHE SHOULD BE ABLE TO FILE A MOTION TO THE COURTS TO BE REINSTATED.

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