Help me please with 1151/FTCA for death of my husband

[JusticeforLt.Col.Sutton.]

On March 12, 2018 my husband was admitted to the Veteran Affairs Medical Center of Memphis, Tennessee for a prescheduled three-day admission. Subsequently, he tragically died on March 22, 2018 at 10:14am due a mind-boggling amount errors and failures of the providers of VAMC of Memphis.  I am alleging that the VAMC of Memphis, Tennessee and the medical providers failed in their duty of care to my husband by their:  failure to monitor and administer Vancomycin properly and  safely, failed to recognize and correct Vancomycin toxicity which lead to Acute Renal Failure, failure to recognize and treat the Acute Renal Failure leading to fluid overload, failure to treat new onset Congestive Heart Failure caused by fluid overload , then failure to assess or render treatment respiratory distress.   In addition, failure to have the proper equipment available to provide airway management, inappropriate administration of anesthesia by resident(far out of scope of practice), failure to  intubate in a timely manner causing hypoxia leading to cardiac arrest.  As well as, failure to follow the Advanced Cardiovascular Life Support (ACLS) guidelines for Cardiopulmonary Resuscitation on my husband.

About three months after his death, I called VAMC of Memphis and asked to speak to his admitting physician/spinal cord attending doctor.  I was transferred to her voicemail. I left a message.  About a week later, I received a call from a lady identifying herself as the Chief Director of the Spinal Cord Center. She informed me that the hospital was conducting an internal investigation about all the events that occurred surrounding my husbands death.   She stated that the admitting physician could not talk to me until this investigation was over.  At the end of the call I ask her if I would be privy to the investigations findings.  She told me no because it was peer review and they did not have to disclose it to me (which I already knew but thought I would just ask).

I myself am a nurse. For me as a nurse, I could not believe the things I read in the medical record. I spent many months piecing the puzzle of the events, in which my husband endured, back together. The medical records were sent to me is true disarray.  It was as though they hit the shuffle button then sent them.  Once I got them in chronological order I began going through it highlighting all import facts as well as all standards of care to research.  While reviewing the records I discovered many, many documents in which I had not received despite requesting ALL medical records.  Each time I discovered I was missing documents I requested them (for example the Blue Alert Record, EKG's, Anesthesia records, etc.). After a total of 11 months, some help from other nurses and physicians I know, I had 1300 pages or so of medical peer reviewed literature to support all of my findings.   I then consulted an independent legal nurse. I have a complete legal nurse review/chronology of the medical record including supporting peer reviewed medical evidence for each finding and failure to provide the duty of care in the medical record. 

I then enlisted a group of friends and we meticulously read through all VHA policies I felt might have been violated.  I created a report citing each VHA policy/directive violated and citing the medical record where the violation had taken place.

 My husband had no choice but to receive his medical care at the Veteran Affairs Medical Center of Memphis. I clearly remember his first admission.  As it began an endless battle with them to provide him dignified, safe , appropriate care. Each time I had to allow VAMC to render care to my husband I feared he might not make it home.  I feared they might literally kill him.  I have spent many drives home crying for this reason alone.   I have witnessed many negligent acts of the staff and at times very dangerous care. I have battled with many nurse managers for change and at times refused to leave him. This was my greatest fear that came true.  I am prayerful and seek to make VAMC of Memphis, Tennessee be accountable for their horrific, negligent care in which they rendered to  my husband causing his death, taking him from my son (who is autistic and now 9) and me.

This is what I have done so far.  I submitted a claim for 38 USC 1151, Accured Benefits, and Pension.  I submitted it just three days prior to my husbands one year date of death.  I included all required documents for the 1151 Claim, copy of autopsy, death certificate, copy of all medical records, the legal nurse review.  And approximatley 1300 pages of medical evidence to support all opinions of the legal nurse consultant.  When I last checked the status of my 1151 Claim on the website it states it is in the review period with an estimated completion day of Dec 31 2019 (for what that is worth). 

I have obtained a certified legal nurse review which states my husband died due to no fault of his own, was not foreseen and died due to multiple VAMC providers medical negligence.  

I am having a lot of trouble obtaining an attorney for the Federal Tort Claim I am going to file.  I have not filed Standard Form 95 as of yet.  As my statued continues to run out I am faced with filing Standard Form 95 on my own.  

My husband served in the United States Army for 18 years followed by 12 years in the Army Reserve.  My husband was a skillful, highly sought General Surgeon, a life-saving Trauma Surgeon,  a teacher to many in West Tennessee, a father to our son whom is now nine,  and my soul mate. .  I have been told my husband cause of death was not as clear as a medical malpractice attorney would like it to be, like a sponge left during surgery or etc.  The events of his hospitalization may not be that clear however, I am confident that their numerous failures to follow clinical practice guidelines fell far below any standard of care one expects in America today and far below the standard of care one would receive in my community as a civilian and caused his death. 

 

[Oceanbound]

They're going to sweep it under the rug until the time lapse to avoid a pay out for the tort claim. They probably/likely did killed him, because when you have medical staff that doesn't have to be insured and hired from the bottom of the barrel to fill the VA needs since the VA is so huge. Many vets die and will continue to from the VA. I could have sued too but my time frame lapse but someone else did and won. The former president even came down to talk to the GROUND ZERO executives how it cost them 2 million dollars on this and failing to cover it up.

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On March 12, 2018 my husband was admitted to the Veteran Affairs Medical Center of Memphis

Your time frame is two years minus ten days. So the end of February is the last day before the VA can get away with this and hopefully you can get represented by then. 

Stick to the facts, medical facts! 

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I had 1300 pages or so of medical peer reviewed literature to support all of my findings.   I then consulted an independent legal nurse.

Doesn't matter if was signed by a nurse, nurses are not doctors, who also having review his file. But!!...you did do the dirty work, which would and will most definitely really help the doctor that reviews this. Putting it all in order saves time and money. That is why the VA no longer sends us our files in order but from the sticky spaghetti monster factory. By the way, their system that they spent a billion dollars on has everything in order. Unfortunately it would be 30 years before we have congress by law to give us that access.

1300 pages that is a lot, can it be reduce to be more concise and not redundant? For example I spent months on one of my major injuries, reading and reviewing hundreds of medical journal articles, to have it be very concise with almost no leeway, and in the end it came to about 13 articles. After having another specialist reviewed it, he stated, that what I had documented was the aggravation but still not the needle in the hay stack. He ordered me to get a lab done that I never even considered something as basic as heavy metals/uranium, because he had a previous IMEO that was with a female gulf vet and died later on. That orthopedic surgeon knows how bad the VA is with review of her file and mine.

 

Dr. Bash is well known, but at a cost. If you have the funds he can really help. Dr. Anaise is also a VA attorney and was a transplant surgeon for 30 years, and married to a doctor. Maybe he can represent you? My attorney is GloverLuck and can do tort claims/1151s.

As far as the medications. I searched and found a doctor-neurologist that was previously a pharmacist. Dr. Todd would be someone I would hire in your case. I spoke to him briefly because he picked up the phone when I called, assumed his assistant was out to lunch. He charges 600 an hour.

1. Call and hire Dr. Todd to review your work that you already made it easy/faster to have any doctor see the picture clearer (no doctor wants to be giving a "phone book--white pages" and say something is wrong but here find it yourself where then he/she has to hire a college graduate and perform what you just did because it takes a lot of time and money)

2. With Dr. Todd's IMO, hire Dr. Bash.

3. Get Dr. Anaise to represent you. (I don't know if he does torts/1151s or not) If not my attorney Julie Glover does.

Part of the reason VA tort lawyers aren't going to represent you is because of his age for tort claims payout and time it takes (2-3 years). Keep looking at https://www.vetadvocates.org/  (or find the lawyer that represented the dude from phoenix and see if they would take your case, if these two attorneys don't.

[Oceanbound]

Do not talk to the VA anymore or try to find so and so doctors that was there, since you're now in legal land process about this. You can but already have obtained all the records.

[Oceanbound]

If these records you obtained are paper. Go to Fedex Office and use their high speed copiers and have the machine scan them all into a PDF on a dvd. Its easier now a days to send a digital copy to someone than 2 day express. Take that dvd and save it your computer. (I have Google Drive) then you can simply mail them the Google Drive link to that PDF that is stored in the cloud.

[Berta]

We have considerable information on FTCA and 1151 in those forums.

I proved the VA caused my husband's death , under FTCA and 1151.

You can file the SF 95 yourself- at least 20 lawyers here in NY told me I did not have a case and would not even look at the evidence.

The traditional Statute of Limits is 2 years- however there is a case I am aware of whereby the state the malpractice happened in only has a one year Statute- (CAlifornia)so this is something you need to check into at your state's web site.

You also need to determine if the doctors were VA employees or federal contractors.The multiple federal contracting doctors VA has employed in the last few years are exempt from FTCA.

When I FTCAed the VA, not only were actual malpractice lawyers prohibited from advertising their expertise, but also this was pre internet as we know it now and I could not find an IMO/IME doctor.

I developed enough of a medical background to make a strong case of malpractice and wrongful death.

You had an autopsy done, this is good- because, In my case, an autopsy was done because my husband was an organ donor and the autopsy revealed the proof of many of my charges. But I ithe FTCA without it, and then sent it in when I got it- that took time to get it.

I gave the VA a timeline of when the malpractice began (6 years before my husband died) a timeline we were not aware of because we didn't even know he could have gotten his medical records himself.

I kept my follow up cover letter to the SF 95 and also for the 1151 claim, as brief as possible, sticking only to documented medical facts of the case.

We believed the diagnoses VA gave my husband. They were all wrong. 

I will try to find some Malpractice lawyer in your state-(Tennessee).

When I reopened my DIC claim for direct SC death I got 3 IMOs, 2 from Dr. Bash.

The claim was for DMII contributing to death ( due to my husband's exposure to Agent Orange in Vietnam).

He had never been diagnosed or treated for DMII by VA at all.

I prepared a cover letter and referred him to specific entries in the medical records, and to the autopsy.

He did the IMO within a week, and the BVA granted the claim. Although this was another malpracticed condition, I wanted his death service connected.

Nothing is impossible.

I could write a book on how the VA fought back the FTCA and 1151-ad I fought them back as well.

You will need a strong medical opinion from a doctor to prove this case and also hopefully you can find a lawyer.

Then again, if the case is strong enough with the IMO, you would not really need a lawyer.

This should be the focus of your SF 95:

And each point there as to their failures should be supported with medical documentation.

What was the immediate cause of death,per the autopsy ?

" I am alleging that the VAMC of Memphis, Tennessee and the medical providers failed in their duty of care to my husband by their:  failure to monitor and administer Vancomycin properly and  safely, failed to recognize and correct Vancomycin toxicity which lead to Acute Renal Failure, failure to recognize and treat the Acute Renal Failure leading to fluid overload, failure to treat new onset Congestive Heart Failure caused by fluid overload , then failure to assess or render treatment respiratory distress.   In addition, failure to have the proper equipment available to provide airway management, inappropriate administration of anesthesia by resident(far out of scope of practice), failure to  intubate in a timely manner causing hypoxia leading to cardiac arrest.  As well as, failure to follow the Advanced Cardiovascular Life Support (ACLS) guidelines for Cardiopulmonary Resuscitation on my husband."

 

 

 

 

 

 

 

[Berta]

https://www.google.com/search?q=Memphis+VAMC+malpractice&rlz=1C1CHBF_enUS695US695&oq=Memphis+VAMC+malpractice+&aqs=chrome..69i57.11375j0j8&sourceid=chrome&ie=UTF-8

Memphis VA has been plagued with malpractice issues-

You might want to read some of the recent articles there, and see if those winning FTCA cases  hold the lawyer's name.

I called the White House on the Fayetteville AR situation that the director said was an "isolated incident"- however it was one of the most egregious cases of malpractice I have ever seen. The malpracticing doctor has been indicted.I believe one of his victims was our former radio tech here, and someone gave his wife a lawyer I had talked to who was at the Town Hall meeting when the Director was trying to give out some info on the malpractice.

She apparently spoke to the lawyer but did not want to file for FTCA.

It looks to me like there would be no problem in finding a lawyer to handle the FTCA case you have but there is probably more to it than what you have posted here- 

https://www.commercialappeal.com/story/news/health/2018/10/03/memphis-va-hospital-ranked-among-worst-country-again/1510882002/

It looks to me like they have had plenty of malpractice issues, here are some malpractice lawyers in Memphis Tenn:

https://www.google.com/search?q=malpractice+lawyers+memphis+tn&rlz=1C1CHBF_enUS695US695&oq=Memphis+Tenn+Malpractie+lawyers+&aqs=chrome.1.69i57j0l3.11814j0j8&sourceid=chrome&ie=UTF-8

and here is another list of malpractice lawyers in Tennesee:

https://www.lawyers.com/medical-malpractice/memphis/tennessee/law-firms/

Edited November 15, 2019 by Berta

[Berta]

Just to add- since there are many malpractice lawyers available in your area, I do suggest having the lawyer fill out the SF 95.

I had a pro se legal background, and studied the FTCA regulations, so I knew how to word my case:

I used the same wording and evidence for my 1151 claim ( BTW, this was an accrued claim because my husband had filed 1151 a few months prior to his death)

Under # 8 cause of action, on the SF95 form I put:

VA  had committed multiple "Acts" and also had caused "Omissions of Acts , " none of which  were  consistent with those of the standard medical community ,in their treatment of my husband’s HBP, heart disease, and stroke. Those Acts and Omissions of Acts caused his untimely death at age 47’,  and  I referred them to the enclosed medical assessment I had made regarding his 6 years of past VA medical care, and to the documented medical evidence of the Acts and Omissions of Acts.

Your SF95 should be sent to the District Counsel VA in your area.

Mine went first to Regional Counsel and then, (now they are called District Counsel)after a very obvious attempt by VA to deny the FTCA, it went to the General Counsel, in DC.The Peer review they did caused the RC to want to settle with me within months of getting my SF 95. Then the Peer review, the RC, and the doctor who did the review 'disappeared and VA said that review never existed. I had to start all over again with the OGC. I found the Review many years later at the bottom of my C file and used it for my AO IHD Nehmer claim.If I had been able to find any lawyer who would help me, that BS would not have happened.

 

After I settled with the USA, the OGC lawyer and I talked about many VA things and he gave me some pointers on the SF95  as  others have made critical errors that can cause an immediate denial.

Also he mentioned that sometimes the SOL has run out. This happened to a local vet who I had been reminding for over a year to send in his FTCA SF95. He said he gave it to a VA nurse to mail for him. VA got it too late.

 

In the part to list witnesses( this is usually needed for accident claims like if the VA van or bus hit you on VA property and you had resulting injuries)-I put there the names of all the  VAMC doctors from 2 VAMCs,who had misdiagnosed, mistreated and damaged my husband, and who caused his untimely death.

The form does not say to do that, but I did it and am glad I did- I have a Bill in the H VAC with Congressman Roe, that is a way VA can begin to prevent their systematic malpractice issues.

The biggest error the VA lawyer told me was that FTCA claimants often  had failed to properly fill in and then total the amount of damages on the form.In the three areas at the bottom of the SF 95.That would cause an immediate denial until the SF95 was properly done.

Since you are a nurse, your medical opinions can certainly help push this forward, but I feel you definitely will need an IMO and also a lawyer.

I had to study Cardiology, and Neurology to succeed in my FTCA /1151 issues.Then I had to study Endocrinology to make sure that the thousands I paid for 2 IMos would be worth the investment, for my most important claim, the DMII AO death claim. I had no medical background at all. Make sure you tell the lawyer right away that you are a nurse.

If was very difficult for me to even figure out all of the acronyms in my husband's VA records, and some of the handwriting was Very hard to decipher, and my daughter (who had not joined the military yet, remembers the stack of medical journals on both sides of my bed, that I read relentlessly).But the malpractice really spoke for itself, beginning with an ER certificate and ending with the autopsy. An additional VAMC tried to cover up the malpractice that occurred in the local VAMC here, and they failed. 

The initial VAMC, Bath NY, never had any past malpractice case I could find against them, but Memphis sure has a bad reputation already.That means to me, that it might be as likely as not they did cause your husband's death.

But that statement is just rhetoric, as the medical records will fully reveal if they did.

I made a timeline that was Very significant in proving my FTCA case.Every diagnosis my husband got was incorrect, and those medical errors had a snow ball effect to him.If the ER certificate had been followed up on, he might still be here with me.He was a VA employee when the critical ER situation occurred.

I found a motive for the malpractice too- but you dont need one.

After spending hours in a law library seeking VA information, I sat on the floor eshausted and decided , since the library was about to close to look at one more file. My figures reached out to pick one file on the floor, amid many and there it was, M21-1MR for VA physicians-

Employees who come to the ER must be treated with the idea to get them back on the VA job within 3 days.

My husband had a heart attack on August 13, 1988 while employed at the VA, the subsequent EKG they did right away ,revealed that, but they told him he had a sinus infection and sent him home, with 3 days off from work.

That M21 statement ( I barely made it to their copy machine with it before the library closed)was part of my evidence.

 

 

 

Edited November 15, 2019 by Berta