1151 Tort Claim help

[hulamatt]

I just want to say before watching this video that it is GRAPHIC.... leading up to this i went through a med change, from haldol for Schizophrenia, to Geodon.....this medicine made me hear commanding voices. i was on curfew for a previous VA related case and i ran out of my house for fear of my life......told the police that showed up to my 911 call, and instead of taking me to the VA they took me to jail. the bad med was no longer given to me....but i refused to take meds because it was one that made me homicidal....i slipped and fell into POW mode. i was in hillsborough county jail in tampa. they tried to give me meds and i just got worse and worse....but they never entered my cell just opened the door and tried to give me meds. 

 

Well i was transferred to Pasco County jail. after taking a regiment of meds....one days worth still really out of it. after getting there im put in a cell till court...about a day.... i was psych so no bond....i was going through some bad stuff mentally but i did not hurt anyone or resists anything i was complying. then they transfer me to Psych/MED they didnt search the cell before putting me in , i found this out after 5 minutes of being in there they needed to do a search and two nice guards young guys said that they didnt and they needed to.....i kindly asked them that i wanted someone wrote up for this because i could have lost my life, killed or injured someone with something in the cell. and spent the rest of my life in there....

guard agreed and went to his LT LT said no, so i said im not letting them in, LT said no again.......they used tear gas on the entire ward... a guard put his hands through the door telling me to break it...i did nothing....when the tear gas came out i just laid on my rack.....someone went to the hospital due to the teargas, and i said i have never seen such a bunch of incompetent irresposible set of people in my life, you just tear gased 20 cells all on MED watch.....they blamed me...... next shift came on, and they told me they were going to shoot me....i was pretty calm in my cell with all the halucinations, and voices i was at peace. then they pulled out the shotgun and i went nuts. you cannot use that within 20 ft or its lethal, and especially at 8 ft. let alone point blank

 

The other thing is that while i believed i was a POW i was drinking Urine, so my body was shutting down, i could feel it. they said i couldnt get meds or go to the Hospital unless they shot me....so to save my life i went up against them

 

My question is, since i went into the psychosis for my med change can i claim the injuries from the GSW and the ordeal......

 

Here is the video    https://www.youtube.com/watch?v=fA5d0QfQw1M

[broncovet]

Well, evidence wins claims.  So, if you are seeking, for example, a secondary GSW condition (secondary to mental health disorders), you will need a doctor statement that says your GSW was "at least as likely as not" due to your SC mental health issues, (assuming you are SC for mental health issues such as PTSD).  

However, beyond 100 percent, the only way I see for you to go up is statuatory Smc S, that is, if you have a single 100 percent, plus additional SC conditions combining to 60 percent seperate and distinct from each other.  

I dont know if a (GSW) secondary to a mental health disorder is "seperate and distinct" or not.  Intuitively, it sounds like if it was secondary ,it wouldnt be seperate and distinct, but what do I know.  

If you are seeking an 1151 claim, that you were damaged by your treatment (GSW), then you would also need a favorable doc opinion on that one as well.  Im not all that familiar with 1151's, maybe others can chime in.  

[Berta]

We have a lot of info on Section 1151 and also FTCA claims in that forum.

I am a 1151er and I won a FTCA case- wrongful death of my husband.

If the VA itself was prescribing you the wrong meds, and If you have a resulting disabiity due to their medical error, you would need to file under 1151 and have positve proof of the meds that VA prescribed, had caused the resulting disability.

I can tell you , the VA fights these claims very aggressively- sometimes-

I wrote an 1151 for a vet friend of mine who didnt have a clue what it was all about.

In a few months he cam over my house with an award letter and didnt understand it-

100% P & T under 1151.

At the same time I had assumed the 1151 claim my husband had before he died, and had been fighting that for a year already, and that claim took another year or 2 to be granted, but only because I had won the FTCA case.. The RO had ignored  all of my evidence for the 1151.

Neither the vet or I had an IMO/IME.

In your case ,from what you posted here, you will, as Broncovet said, need a strong independent medical opinion.

I do not seem to understand your point here:

"My question is, since i went into the psychosis for my med change can i claim the injuries from the GSW and the ordeal..."

The vet I mentioned also had a GSW, actually he had to GSWs ,but that had nothing to do with his 1151.He was already comped for it. He also got SMC.

If you had a GSW from combat, with residuals that are ratable now, you should claim that, if you feel the rating would warrant SMC.