$780,000 Settlement For Man Who Was Injured While Under Anesthesia: A man who claimed he was involved in a motorcycle accident while allegedly still under the effects of anesthesia from a cardiac catheterization procedure at a Veterans Affairs medical center in St. Louis, Missouri has reached a $780,000 settlement with the federal government for his injuries.
The man had a cardiac catheterization at Cochran Veterans Hospital in May 2018. Hours later, he drove his motorcycle off the road and suffered multiple fractures and other serious injuries, including injury to his left leg that nearly required an amputation. He was placed in a medical coma for five days due to the severity of his injuries.
The VA not only disputed the extent of the man’s impairment but also argued that the accident report completed by the police indicated that the man’s motorcycle first hit a rock before running off the road. The VA further argued that one of its physicians had instructed the man not to drive after the procedure (no such instructions were found in the man’s VA medical records).
The amount of the settlement took into consideration the cap on noneconomic damages in Missouri medical malpractice cases.
Michael Steinway v. United States of America, Case No. 4:21-cv-00592, U.S. District Court for Eastern District of Missouri.
The Federal Tort Claims Act prescribes a uniform procedure for handling of claims against the United States, for money damages only, on account of damage to or loss of property, or personal injury or death, caused by the negligent or wrongful act or omission of a Government employee while acting within the scope of his or her office or employment, under circumstances where the United States, if a private person, would be liable in accordance with the law of the place where the act or omission occurred.
A tort claim against the United States, based on a negligent or wrongful act or omission of an employee of the Department of Veterans Affairs acting within the scope of his or her employment, may be filed by the injured person or his or her legal representative using Standard Form 95, Claim for Damage, Injury, or Death; however, use of the SF 95 is not mandatory as long as the following requirements are met: 1) detailed allegation; 2) sum certain (total dollar amount claimed in damages); and 3) signature of appropriate claimant. A tort claim must be received by the proper Agency within two years of the date the claim accrued.
If you or a loved one suffered injury (or worse) as a result of medical malpractice at a VA medical center, you should promptly consult with a local medical malpractice lawyer in your U.S. state who handles Federal Tort Claims Act claims and who may investigate your federal medical malpractice claim for you and represent you or your loved one in a federal tort claim action, if appropriate.
Visit our website or call us toll-free in the United States at 800-295-3959 to find federal medical malpractice attorneys (federal tort claim attorneys) who may assist you.
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