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View Full Version : "the people do not think" -- VA pays $200 MILLION in veterans' wrongful death suit



Tesla_WTC_Solution
9th April 2014, 17:26
How fortunate for governments that the people they administer don't think.


~Adolf Hitler


http://24.media.tumblr.com/tumblr_lhv4nwzP5c1qhr5b8o1_400.jpg

I sometimes get kind of a creeped out feeling near a VA.

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You guys are familiar with the phrase, "All gave some, some gave all"?

http://union-bulletin.com/news/2014/apr/08/va-pays-200m-wrongful-death-cases-nearly-1000-vets/

VA pays $200M in wrongful death cases of nearly 1,000 vets since 9/11

Aaron Glantz of the Center for Investigative Reporting

As of Tuesday, April 8, 2014


A 49-year-old Air Force veteran hangs himself with his belt in the psychiatric ward of the U.S. veterans hospital in Seattle.

At the same hospital, a veteran bleeds to death after knee-replacement surgery. Another is sent home with fractured ribs and a fractured spine. He dies two weeks later.

These are some of the deaths that resulted in more than $200 million in wrongful-death payments by the Department of Veterans Affairs in the decade after 9/11, according to VA data obtained by The Center for Investigative Reporting (CIR).

In that time, CIR found the agency made wrongful-death payments to nearly 1,000 grieving families, including 14 at the VA in Seattle and one in Walla Walla, ranging from decorated Iraq war veterans who shot or hanged themselves after being turned away from mental-health treatment, to Vietnam veterans whose cancerous tumors were identified but allowed to grow, to missed diagnoses, botched surgeries and fatal neglect of elderly veterans.

“It wasn’t about the money; I just thought somebody should be held accountable,” said Doris Street, 86, who received a $135,000 settlement in 2010 as compensation for the 2008 death of her brother, Carl Glaze.

The median payment in VA wrongful-death cases was $150,000.

Glaze, a World War II veteran, became paralyzed from the neck down when he fell in the bathroom two days after being admitted to a VA nursing home in Grand Island, Neb. He died nine days later at age 84.

“I had asked them not to leave him alone, and then they left him in the bathroom,” Street said. “We all get upset when these things happen.”

In a written response to questions, agency spokeswoman Victoria Dillon said that while “any adverse incident for a veteran within our care is one too many,” the wrongful-deaths identified by CIR represented a small fraction of the more than 6 million veterans who seek care from the VA every year.

The agency, Dillon said, is “committed to continuous improvement.” When a death occurs, “we conduct a thorough review to understand what happened, prevent similar incidents in the future, and share lessons learned across the system,” she said.

The revelations come as the department faces intense scrutiny from Congress over the number of preventable deaths at VA facilities.

The House Committee on Veterans’ Affairs has scheduled a hearing Wednesday on preventable deaths.

In September, the committee held a hearing to examine patient deaths at VA hospitals in Pittsburgh, Atlanta, Dallas and Jackson, Miss.

Bonus, not punishment

At that hearing, lawmakers accused the agency of failing to discipline officials responsible for unnecessary deaths, pointing out that it has instead provided performance bonuses to these executives.

For example, after an outbreak of Legionnaires’ disease at the VA hospital in Pittsburgh left six veterans dead and at least 21 ill, the agency’s regional director, Michael Moreland, received a nearly $63,000 bonus.

A five-page performance evaluation, which led to the bonus, made no mention of the outbreak, which began in 2011.

After receiving the bonus, Moreland retired.

“It’s not enough for VA to simply compensate the families of those who died,” said Rep. Jeff Miller, R-Fla., chairman of the House Committee on Veterans’ Affairs. “In order to provide real closure for those struck by these heartbreaking preventable deaths, VA needs to hold fully accountable the employees who allowed patients to slip through the cracks.”

At a budget hearing March 13, lawmakers pressed Secretary of Veterans Affairs Eric Shinseki to provide examples of agency staff who had been disciplined after medical errors resulted in a veteran’s death.

Shinseki responded more generally, saying 6,000 VA employees had been “involuntarily removed” over the past two years, including six senior managers.

Independent legal analysts say the nearly 1,000 wrongful-death payments in the decade after 9/11 represent a small percentage of the veterans who have died because of malpractice by the Department of Veterans Affairs.

Unlike the private sector, where survivors can file cases in state and federal court and often win large punitive damages, families of patients who die under VA care must exhaust a months-long administrative review process before filing a lawsuit.

Even if they succeed, families can win only actual, not punitive, damages from the federal government.

As a result, lawyers are reluctant to take cases, and many families never file — or see a dime.

“The VA fights every case tooth and nail and so cases drag on for years,” said Cristobal Bonifaz, a Massachusetts attorney who in 2009 won a $350,000 settlement for the parents of Marine Lance Cpl. Jeffrey Lucey.

Lucey was 23 when he hanged himself with a garden hose in his parents’ basement after being turned away from psychiatric care at the VA in Northampton, Mass. The payout came five years after his death.

Among Bonifaz’s current clients is Tracy Eiswert, who had moved into her car with her two young children after her husband, 31-year-old Iraq war veteran Scott Eiswert, shot himself in the head in 2008.

The Nashville, Tenn., VA had denied his disability claim for post-traumatic stress disorder.

Three months after Eiswert’s death, the VA reversed itself, saying it was “clearly and unmistakably in error” for failing to grant the disability claim. The agency began sending Tracy Eiswert survivor benefits checks of $1,195 a month.

Despite the reversal, Tracy Eiswert decided to press ahead with a wrongful-death lawsuit against the VA, in part because of the toll her husband’s suicide took on their children.

“We’re still living with it today,” she said.

The VA declined to comment on Scott Eiswert’s death. In court, the VA has defended itself on a legal technicality, arguing that Tennessee law supersedes federal law in the case and that the Eiswert family failed to follow procedures prescribed in the state statute.

Filed in 2010, the case is still pending.

CIR intern Nicholas B. Hirsch contributed to this story. The Center for Investigative Reporting is an award-winning, nonprofit newsroom in the San Francisco Bay Area. For more, click here.

Aaron Glantz can be reached at aglantz@cironline.org, or on Twitter.

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https://musicmaven.files.wordpress.com/2009/05/coffins.jpg?w=645

Union Bulletin ran this piece this week.
I wrote to them last Fall and said the disabled vets were falling thru the cracks here BAD. One of their columnists said they might work on some more veteran stories. Unfortunately it seems that the stories have already made federal-level headlines, and UB has missed out on the "inside scoop"...

Sidney
9th April 2014, 18:43
200 M for a thousand vets (and their families)???????OMG that is truly anything BUT justice.

Tesla_WTC_Solution
9th April 2014, 18:51
200 M for a thousand vets (and their families)???????OMG that is truly anything BUT justice.

I know. COnsidering the price of a large drone factoring R&D approaches 250 million.
I **** you not.

p.s. one of the REASONS this is happening is because drones are meant to replace the men.

joeecho
9th April 2014, 20:46
I perform diagnostic testing (23+ years experience) at a surrounding hospital to the VA hospital in Seattle. And I can tell you that out of the 100's of vets that I have talked to, only a couple of them ever had anything positive to say about the place....

Plenty of 'they did WHAT?' conversations with them and many raised eyebrows and the shaking of the head.

Ahnung-quay
9th April 2014, 21:05
We have a small VA psychiatric facility in my rural town in Wisconsin. I've watched the broke and homeless vets hitchhike in and out of here since the Vietnam era.

Two years ago, right before Christmas, a man was sitting at our Wal-Mart with a sign that read, "Need bus ticket to Chicago". I stopped and asked him how long he'd been sitting there. He told me all day. It was about 20 degrees and windy. He looked cold. I asked him how much his ticket was. He said $60.00. I told him to hop in and I took him to the bus station. On the way, he told me no one had stopped. He did get some free pizza for lunch from an employee at the nearby pizza shop.

He told me that he had been at the VA in St. Paul. They give the broke veterans $50.00 upon discharge which buys them a ticket to my whistle stop. I gave him $80.00 and told him to have some supper too. He couldn't believe it and thanked me. I told him maybe he could help someone else sometime. It was the best Christmas present I ever bought!

I've given plenty of them ten, fifteen, twenty dollars over the years.. The point of my story is not to draw praise from anyone. It is this: we all must open our hearts to the homeless and less fortunate. If they look like drug addicts buy them some food. Give! It will do you no good when you're gone.

Tesla_WTC_Solution
10th April 2014, 00:28
There is a very elderly one in Northgate Seattle who has been begging there for years.
I walked past him many many times without giving.

One night I noticed he looked cold and had been out for many hours.
I did your thing and gave 15.

He couldn't believe it either. He asked what for.
I said "because I walked past you all those other times like you weren't there".

F my husband i can do what i want with my money too. lol

¤=[Post Update]=¤


I perform diagnostic testing (23+ years experience) at a surrounding hospital to the VA hospital in Seattle. And I can tell you that out of the 100's of vets that I have talked to, only a couple of them ever had anything positive to say about the place....

Plenty of 'they did WHAT?' conversations with them and many raised eyebrows and the shaking of the head.

Thank you for being willing to say that.

My gramps has had decent/good experience with them as far as I know.... but many do not.
Most do not. And he only got awarded 10% disability after the [classified nuke job] took his hearing away and gave him arthritis.

p.s. i just noticed 14 of these families suffered because of Seattle's VA.
Not to knock them, but I got turned down for services there shortly before I became an alcoholic.

It was because I didn't have "enough consecutive active duty days" on the record. None of my governor's orders or temp tech work counted towards VA benefits.

How many National Guardsmen lose their health to this country's policies, only to be turned away at the intake desk after being dropped off at a VA?


p.p.s. even if you make 30 dollars an hour as a temp tech you're a moron to take that over having hospital privileges for the rest of your life!!! FYI vets!!!


p.p.p.s. the Classified Loophole: I think some vets whose jobs were top secret get little to no disability because like Ex CIA they are just ****ed

"welcome to the world where you no longer exist to us"

"Disavowed hardware"