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]

No, do not re-submit anything. You sent it in once, they got it, and love playing this game--so you lose your mind and give up. 

The IMO that you get from Dr. Todd will set things stright. You drew the line, don't do "what if's, and's, or butt's" with the VA RO.

Remember you're at the RO level aka the cirrus. This denial letter now allows you to move on from the Regional office. But you need to get that IMO from Dr. Todd.

 

[Berta]

I would focus on those documented series of events-with the correct dates- for your lawyer and any IMO doctor you get, to prove he was admitted without MRSA, and then it showed up.

"Do you have any ideas on who to contact to request this Peer Review.  Should I call the Chief of the Spinal Cord Center at the VAMC of Memphis, ????"Is that the person who called it a peer Review"? If so I would call that person, and if that fails here are a few others to call:

Michael A. Nichols, MS | 901-577-7201

Associate Medical Center Director/CO

Tommy D. Ambrose | 901-577-7201

Assistant Medical Center Director

Southeast District AL, FL, GA, KY, PR, SC, TN, USVI

Tammy Kennedy (Nashville)

(615) 695-4633

Office of Chief Counsel VA Regional Office 3322 West End Avenue, Suite 509 Nashville, TN 37203

If the two above dont give you any info as to the Peer Review,I would call their District Counsel above. They would have your SF95 if you filed it along with the 1151 claim - but even if not they should be aware of this situation.

I wonder if they actually did a "Peer Review". On my most recent 1151, they got a contractor to review the claim. It was outrageous, the contractor didn"t have a clue on cardio and HBP,  and they ignored my IMO.I sent them a CUE the next day and 3 weeks later they awarded.

The contractor had to even amend the review- first she said it was ian in person exam, then someone told her the veteran had been dead by then for over 20 years.

I might find a few more #s you could call when I get home from church, but if none of above are productive you might want to call the President's Veteran's  Hot Line:

855-948-2311

 

 

 

 

Edited December 1, 2019 by Berta

[Oceanbound]

Quote

I would focus on those documented series of events-with the correct dates- for your lawyer

Like Berta said, if you received mail and it was wrong inform your lawyer. You only contact should be with your lawyer.

That's why when he's in court, he can tell the judge through lawyer language and trial process, how much a screw up the VA is. 

A course the VA is going to tell you wrong things after you followed things to the regulations state, to intentional play mind games with you so that you waste more time digging through ten feet of concrete with a slice of key lime pie, so that the time lapse and you lose.

Focus on obtaining that Peer Review and get that IMO from Dr. Todd. Stay the course.

Below is what your lawyer will do/ is doing.

 

[Oceanbound]

Actually you'll obligated now, to have your lawyer to obtain the Peer Review. You can not call the VA, you can not speak with the VA, you can not hang out with the VA at the drinking fountain.  Again you hired your lawyer and he/firm has to obtain these documents, which is evidence. All you have to do is forward him those two numbers so he can obtain the Peer Review.

I was going to say watch A few good men to get an idea of how court is but thats hollywood. 

This video tells you why your lawyer has to do everything now on - 

 

[Berta]

You are giving advice for a Civil lawsuit- VA FTCA is far different.

I called the VA, at many levels, many times during the course of my FTCA/1151 case.

Then again I didn't have an attorney to do that for me, and that is how I found out what evidence they were deliberately hiding from the VA General Counsel and even from their own C & P examiner, who did a posthumous review.

It was my most critical evidence. In spite of their attempts to continuously  impede my malpractice issues

they LOST.

But FTCA issues are for lawyers , who have had malpractice cases with the VA before.

 

 

 

 

 

 

 

 

 

[Michael Gonzales]

Unfortunately, as it seems in your cause and, currently, I can say "as in my cause" the Department of Veteran' Affairs truly lacks any resemblance if " I care." Personally, the listing of FTCA lawyers listed on the web, thereafter, are not real. If you check with the bar association most of them are fake. Why? It's the VA's way of controlling their deliberate indifferences of enduring Ameticans' get the affordment of constitutional right. However, I caution you on the secondary effects of pursuing justice with the VA. As in many silent cases your left to sick and or mentally abused to stay in the fight. Therefore, like our forefathers it's better to be a  rebel and be hung by a rope, then submit to this movement of government which forgets it's place. I wish you the best certify mail the administrative claim and 95 form. Don't leave your motion are notes on computer. Also, if you can use a outline which states the issues needed to present the administrative tort to the agency whom tort acts are correlated to.

Theory, I don't think the Secretary and or leaders in pertinent position realize, the unfortunate, events which is oppressed against veterans whom just simply are using the law and constitutional right to raise matters of law. If my freedom was a liberty I utilized respectfully, however, ruffled the feathers of the VA Royals you will experience unusual events. Yes,my action periodically were childish, solely, because I couldn't express and or get reasonable adjudication period. Once more,if your not like: Claims, health care, taxes, credit report, anything with SSI State benefits they will keep track of you and destroy you. My daughter is even effective my the releatory effort against me. I satin a computer room at a State University and endured what I call the VA Royals attacking me my harassment from a distance just loud enough so I could hear them until I haven't returned to school. I anyalzed all events with this incident. It has disclosed certain things only family, the VA and the realism of a dark side of the VA.