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FTCA Win


Vync

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  • Content Curator/HadIt.com Elder

Yep, I won. In 2019, I had a sudden heart attack. I filed a claim which was eventually granted SC, see topic below.

@Berta informed me that sumatriptan, used to treat SC migraines, was a very strong medication. I ended getting a non-VA neuro specialist's nexus which was instrumental to win SC.

The FDA medication insert for sumatriptan stated patients with certain risk factors like being male, over 40, hypertension, family history of CAD, and high cholesterol require special diagnostic examinations to monitor heart activity when a dose is administered. This was to detect potential vasospasm which can rarely cause heart attack or death within an hour afterwards. I was unlucky enough to have all those risk factors and the VA apparently overlooked the testing.

@Bertarecommended filing an FTCA and recommended getting legal representation because the wording has to be very specific. All the law firms declined because there was a very small risk of this med causing a heart attack or were not handling FTCA's. I went at it alone and requested my claims folder. Unfortunately, the records did not arrive within the 2 year FTCA window, so I filed with what I had. The only communication I received from the VA was a single letter saying they received my request and are swamped (the usual), so no ETA. I called occasionally to check status, learned it was eventually sent for medical peer review, then recently got a call from the OGC offering me a settlement which was accepted. Because I did not have any disabilities SC via 1151, there was no offset and it is also non-taxable because there are no punitive damages. 

I wanted to thank everybody here, and I mean everybody, for their advice and guidance. I can tell you that filing VA claims is a headache of its own but filing an FTCA is another thing entirely. You have to connect every single dot and there is no benefit of the doubt. There is no web site to check the status of these. On top of everything, imaging trying to file for SC and FTCA simultaneously while dealing with brain fog and memory issues. Writing the FTCA submission took many months because I kept having to go back to ensure I did not miss anything. Once the FTCA settlement is offered, you just sign a form releasing the VA from further legal liability in the same manner as I imagine one might do as part of an insurance settlement. 

In retrospect, I feel fortunate that I am able to be around for my family and small children. I wanted to encourage everyone to never give up!

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  • Content Curator/HadIt.com Elder
9 hours ago, pacmanx1 said:

Congratulations!

Sorry for your symptoms.

Thanks! I'll take them any day vs the alternative...

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