Lawsuits to be Filed on Behalf of Veterans Injured at VA Hospitals

Legal teams representing veterans are preparing to file complaints asking that the United States Department of Veterans Affairs pay disability benefits and damages for hospital mistakes that may have exposed veterans to infectious body fluids. Among them are veterans who have tested positive for HIV and hepatitis and others who suffered emotional distress after the VA provided them with initial positive blood tests for infections that turned out to be wrong.

The claims process differs from a traditional malpractice lawsuit because the VA is a federal agency. The first step is to have the patient’s claim reviewed by a VA regional attorney.  Records illustrate that between fiscal year 2004 and March 2009 the VA denied 11,299 veterans’ claims for compensation related to hospital and medical care, while granting 3,229 claims.

The VA denied 813 such claims filed by veterans’ dependents, while granting 261 in the same period, records show.

Updated records demonstrate that among the patients who have heeded VA warnings to get follow-up blood checks, eight have tested positive for HIV. Twelve former patients have tested positive for hepatitis B and 37 have tested positive for hepatitis C.

VA records show 9,141 veterans have received follow-up blood test results among the 10,320 former patients who were warned they might have even minimum risk of exposure.

The VA has said the errors were limited to the three facilities, but a report released by the agency’s inspector general showed some more widespread problems. Investigators conducting surprise inspections in May found that only 43 percent of the agency’s medical centers had standard operating procedures in place for endoscopic equipment and could show they properly trained their staffs for using the devices.

The VA has said for months that there is no way to prove that the positive tests for infectious diseases stem from exposure to improperly cleaned or erroneously rigged equipment while getting colonoscopies at Murfreesboro or Miami or while getting treatment at the ear, nose and throat clinic in Augusta.

In a statement, the VA expressed regret for the mistakes but also said the agency has aggressively dealt with them, including warning former patients who in some cases were treated five years ago to get follow-up blood tests. The statement also said veterans have been informed of their legal right “to submit disability claims on account of VA negligence.”

The law that governs claims for compensation includes a “benefit of doubt” provision that in disputed cases give the claimant a favorable decision if there is an “approximate balance of positive and negative evidence.”

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