» VA Admits Major Medical Error, Then Denies Resulting Claims

VA Admits Major Medical Error, Then Denies Resulting Claims

Northville, MI (Law Firm Newswire) February 23, 2015 - MSNBC has released a report revealing that the U.S. Department of Veterans Affairs (VA) denied medical malpractice claims from more than 60 veterans even after admitting that it had wrongly exposed them to life-threatening infections.

Legal professionals and veterans alike say that the report is unsurprising.

“VA denies meritorious claims on a regular basis, and this is a striking example of that practice,” commented Jim Fausone, a veterans disability attorney not involved with any of the infection claims. Fausone is a leading member of the Michigan law firm Legal Help for Veterans, PLLC. “Unfortunately, the veterans in these cases will have to fight for the compensation they deserve, just like so many other veterans with unfair claim denials.”

In 2009, VA sent letters out to nearly 10,000 veterans, informing them that improperly cleaned colonoscopy machines at VA facilities may have exposed them to infections such as hepatitis and HIV, according to MSNBC. In the letters, VA acknowledged “serious lapses in cleaning and disinfecting equipment.”

VA offered blood testing for those exposed, and 92 veterans tested positive for a life-threatening virus, including hepatitis and HIV. But when some of those veterans filed medical malpractice claims against VA, VA denied the majority of the claims.

MSNBC interviewed two of the veterans with denied claims, and it found that VA based their denials upon the argument that it would be impossible to prove that the infections came from VA equipment and nowhere else.

“This sort of logic, in which VA uses tenuous legal arguments to deny something so obvious, is sadly characteristic of the way VA handles claims,” said Fausone. “Now, it is up to members of the legal community to fight for justice in these and so many other cases.”

Legal Help for Veterans, PLLC
41700 West Six Mile Road, Suite 101
Northville, MI 48168
Toll Free Phone: 800.693.4800

  • Study finds brain changes for veterans with TBI and PTSD
    A new study recently published by the Journal of Head Trauma Rehabilitation found that veterans and active duty military personnel with combat-related post-traumatic stress disorder and mild traumatic brain injuries have larger amygdalae than others who only have brain injuries. The amygdala is the area of the brain associated with emotions, especially fear, anxiety, anger […]
  • Wilkie pledges increased government focus on veteran suicide prevention
    Early April, Secretary of Veterans Affairs Robert Wilkie said that the entire government was focused on reducing the rate of suicide among veterans. This statement comes in the wake of several suicides committed outside VA clinics and much turmoil within the agency. Instead of seeing suicide as a stand-alone issue, Wilkie said that the government […]
  • New tool seeks to help caregivers of vets with TBI
    Traumatic brain injury (TBI) is one of the most common injuries sustained by veterans and it can have a profound effect on their daily lives. Around 384,000 service members and veterans have suffered a TBI and a third of them are left with a disability. Some require regular care from a loved one. A new […]
  • Pentagon testing new grief support app
    Volunteers are needed to test out a new app designed to support survivors of loss within the military community through their grief. The Department of Defense is seeking study participants who could benefit from the program and provide feedback. The Stepping Forward in Grief Study is being developed by Uniformed Services University and Columbia University […]

See other news sources publishing this article. BETA | Tags: , , , , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required