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]

Quote

 if my 1151 claim is denied.

Denied?? No no no. There will not be any of that here! You're not the vet that Bruce Springsteen wrote about in his catchy 84 song. Again you're already on mile marker 5.

You are here to not play the games of VA, before they play them, and not follow and back track trying to catch up. You're the leader here, leading, and will stay that way, with our advice and direction. That way you start and stay being Mike Tyson because no one remembers the guy Iron Mike knocked out. 

[JusticeforLt.Col.Sutton.]

Berta I used the link to search for all providers involved in the care of my husband.  They are all VAMC employees except for the many residents.  (I am not sure what the residents fall under).  

I also emailed a copy of the post to my attorney.

In regard to the 1151 offset factor.....

My husband and I have a son whom is now 9 together.  My husband also has five other adult children from his first wife whom died.  It is my understanding in the State of Tennessee any settlement or award recieved who be distributed as follows after attorney fees: 1/3 goes to the surviving spouse, 2/3 would be divided equally between the total of 6 children ( despite my son being a minor and a minor with a disability).  In regard to the offset of the 1151, would I be responsible for the entire award/settlement or only what I received.

 

[JusticeforLt.Col.Sutton.]

Oceanbound,  You rock.  I want to contact Dr. Todd do you by chance know his first name or where I can locate his information.

Also, do you know the answer to my 1151 offset question above.

Just call me MIKE!

Thank you so much for your help.

[Berta]

This case seems to indicate that resident doctors are liable under FTCA:

https://caselaw.findlaw.com/us-7th-circuit/1321207.html

But that is something your lawyer would know. 

Also the offset question- I known nothing about Tennessee state law.

My settlement came directly to me.

I negotiated a favorable offset with the General Counsel.By favorable I mean it was not for the entire settlement amount.They broke it down in the settlement papers, as to how they determined the amount ,which I thought was very fair, and it had nothing to do with state law as far as I know.

I have noticed that many FTCAers have appealed their offset at the BVA.However ,it those case it appeared that their entire offset was the same amount as their settlement. They cannot appeal that successfully because they, at some point, must have agreed with the offset.This is all a different situation for claimants whose FTCA is not due to a Wrongful death.

This is why a FTCAer needs a good lawyer familiar with FTCA , not intimidated by  the General Counsel lawyers and might need to be tough. The OGC lawyer told me I was too tough. But my evidence was impeccable and the OGC lawyers ,

unlike my RO who made many denials and critical errors on my 1151 claim,

                                                            can read.

 

 

 

 

 

[Berta]

One other thing- the SF 95 has to reflect how you are filing- as in the capacity of an individual, or a representative of the Estate.

That has a lot of control over any FTCA claim for wrongful death and how they allocate any settlement.

All of this is what any good FTCA lawyer would know how to handle.

I think I filed as an individual. Not sure. I live in a different state than you and state law here in NY, which I knew of ,at the time I filed SF 95,  only controlled one specific aspect of my case. 

This is getting into legal questions that I cannot answer.

 

 

 

 

 

Edited November 19, 2019 by Berta

[Oceanbound]

Residence are medical school graduates getting their experience under a doctor's supervision. So yes they are employees of the VA. My Gi doc was a resident.

Dr. Todd's website - https://forensicmedicalassociates.com/