SF 95 first step in FTCA

[Berta]

In light of the Fayetteville pathologist malpractice snafu, Jerrel Cook ( our radio show producer) and I discussed whether any affected veteran should file an SF 95 right away-

I have been emailing some vet lawyers to get their take on that- this Fayetteville situation is worse than any past similar VA problems...except maybe for the Phoenix crap-

  The SF 95  must be prepared properly. This article gives some info on that :

https://community.hadit.com/topic/2337-filing-a-tort-claim-1151-claim/

I studied all FTCA law before I filed mine-late December 1995-with some of my medical evidence attached to it .The Regional Counsel (now called District Counsels)called me up in May 1996 to begin negotiations. He had already obtained a Peer Review that supported my charges.Then much went wrong- that's OK -it was resolved anyhow.

It is best to have a lawyer to fill out the SF95 but you have the right to do it yourself.

 

[Buck52]

Here is the SF 95 FORM

https://www.va.gov/OGC/docs/SF-95.pdf

[Solo]

The VA only identified and notified seven veteran misdiagnosis. If you are not one of the seven, then you are going to need a very good attorney.

 

There about 100 lawsuits filed against Mark Wisner, physician assistant and the VA won't settle any of those cases. https://www.google.com/url?sa=t&source=web&rct=j&url=http://amp.kshb.com/2528830526/number-of-abuse-lawsuits-against-ex-va-worker-mark-wisner-approaches-100.html&ved=0ahUKEwjWkeOvmvrbAhUDvFkKHV5sAhsQyM8BCCQwAA&usg=AOvVaw2hLcvLmgiZWX82NRDdAFZr&ampcf=1

Edited June 30, 2018 by Solo

[Solo]

There is going to be a bunch of veterans trying to cash in on this. This could be the largest group of people trying to sue the VA.

 

Berta,  the VA recoup all the FTCA settlement money from your DIC benefits. They didn't lose much. The SF-95 forms the VA general counsel settles are mostly recovered by the VA.

Edited June 30, 2018 by Solo

[Berta]

You are incorrect-I got ALL of my DIC AND FTCA settlement.They lost plenty of CASH....and they owe me more under a OG Pres Op- too involved to explain here-

You are sure right about this :

"This could be the largest group of people trying to sue the VA."

I mentioned this to the malpractice attorney  I know of in Arkansas - possible Class Action,and he said his firm is considering that.

At first the VA withheld my entire settlement-as I mentioned here before I fought them but they ignored my letters until I re-opened my claim.

The Regional ( now District Counsel) called a CUE on them-when he saw my letters to them in my C file- they had to pay me quite a  bit that  they erroneously withdrew.

 

They had recouped the Offset I agreed to with General Counsel-but muh more erroneously -

I didnt negotiate for a full offset of the whole settlement-then -

when I proved direct death due to 2 Agent Orange disabilities they malpracticed on, I got my FULL offset refunded to me-

Mayby I am only FTCAer that had that experience -I dont know-

"The VA only identified and notified seven veteran misdiagnosis. If you are not one of the seven, then you are going to need a very good attorney."

That is 7 misdiagosed vets and 2 potential wrongful deaths - SO FAR-

I confirmed that with a Congressman yesterday who is looking into this.

Any veteran or survivor who gets the letter ,needs to obtain their complete VA medical records.

I can put them in touch with  "a very good attorney." His malpractice firm has had plenty of calls already.

there are 19,574 living  veterans medical records they (VA)need to go through-

there are over 5,000 deceased veterans records they need to go through- they have only gone through about 900 individual veterans files so far-

 

 

 

 

[Berta]

to add-

"There about 100 lawsuits filed against Mark Wisner, physician assistant and the VA won't settle any of those cases"

Why would they-

The cases I am aware of against Mark Wisner are Civil lawsuits.

FTCA is Federal law- BIG difference. 

If any of his victims have had documented emotional or physical damage from him they can file SF 95 - or if the Statute of Limits is gone, they can file a Section 1151 claim.

A local family stopped me as I left a local restaurant last night-their son had been arrested and the court dismissed the case last week...they wanted to come over and talk to me about what they should do- but I had to tell them they needed a civil attorney- I only know federal law under  FTCA.

Of course I told them  their son should sue the people who had him arrested- there are plenty of lawyers around here who could help them.

 

 

 

"Mark Wisner is facing 13 civil lawsuits in federal court. After Friday, that number could skyrocket."

(source- th lik you posted)

Edited June 30, 2018 by Berta

[Solo]

The lawsuits against the United States and Mark Wisner are all FTCA. https://scholar.google.com/scholar_case?case=9016926488166260840&q=ftca+veteran&hl=en&scisbd=2&as_sdt=40006

You got a settlement during the administrative process.  You don't know what come next. Everyone must exhaust their administrative remedy before they can file a FTCA lawsuit in the US District Court.

I filed my FTCA lawsuit pro se in the US District Court.  The US Attorney's Office have 3 weeks left to answer my complaint. The US Attorney's Office is more experienced at litigating under FTCA than the VA General Counsel, and VA Chief Counsel. The VA General Counsel and VA Chief Counsel only handle the administrative process. The US Attorney's Office handles your FTCA complaint in the US District Court.

The VA's defense will be that the pathologist was not acting within the scope of his employment. His intoxication isn't in furtherance of the employer business. The intoxication was for his personal gratification. The VA  and the US Attorney's Office will also use the State's statute of repose as a defense.

Edited June 30, 2018 by Solo