On May 20, 2026, an Arizona man filed a federal tort claim (medical malpractice) lawsuit against the United States in the U.S. District Court for the District of Arizona alleging that he was implanted with a spinal cord stimulator during a VA clinical study that caused him to lose his ability to walk and suffer bladder incontinence.
The plaintiff alleged that VA personnel failed to properly respond to signs that he had suffered a spinal injury and negligently advised him against removing the implant even as his symptoms worsened. The plaintiff further alleged that VA officials subsequently determined that he should never have been enrolled in the study.
The Complaint alleges, in part:
- On or about June 6, 2023, the United States Department of Veteran Affairs (“VA”) invited Plaintiff to participate in a voluntary research study.
- The title of the study is “Leukocyte RNA Expression Profiles Predictive of Low Back and Lower Extremity Pain Relief with Spinal Cord Stimulation” (the “Study.”)
- The Study was conducted at the Southern Arizona Veterans Health Care System in Tucson, AZ.
- Dr. Martin Weinand was the VA Principal Investigator for the Study.
- At all times relevant to this Complaint, Dr. Wein and acted as an agent of and under the authority of the VA as its Principal Investigator for the Study.
- The purpose of the Study is to learn if certain factors in the blood might predict whether a person will have successful pain relief in the back and legs with spinal cord stimulation.
- The Study was not intended to provide any direct benefit to Plaintiff from his participation in the Study.
- Rather, the VA Research Consent Form explains, “However, research study participants may be gratified to know that the results of research, such as from the study, could one day benefit future patients, including veterans, with chronic pain…”
- The VA Research Consent Form further indicated, “Participation in the study could be associated with minor risks. These minor risks are solely related to two blood draws (one each at one month and at one year after the permanent spinal cord stimulator implant.)
- Plaintiff volunteered to participate in the Study.
- On or about October 6, 2023, Plaintiff underwent a medical procedure at the Veterans Affairs hospital in Tucson, Arizona, involving the placement of the spinal cord stimulator.
- The procedure was performed as part of the Study and by the Veterans Affairs Principal Investigator for the Study.
- The procedure was performed by physicians and healthcare providers employed and/or retained by the United States Department of Veterans Affairs, acting within the scope of their agency or retention for the Study.
- The surgery to place the spinal cord stimulator was an outpatient procedure.
- Plaintiff walked into the hospital for the surgery.
- Plaintiff was able to fully ambulate without difficulty prior to the procedure.
- When Plaintiff awoke in the recovery room immediately after the procedure, Plaintiff complained that he could not feel his legs and was experiencing incontinence.
- Plaintiff’s left leg began moving involuntarily.
- Despite Plaintiff’s complaints, Plaintiff was soon thereafter discharged home.
- Upon discharge, Plaintiff was unable to walk and left the VA hospital in a wheelchair.
- Later that night, Plaintiff woke up because he could not control his bladder and urinated himself.
- Plaintiff called the VA that night and was directed to present to the Emergency Department.
- Despite obvious signs of spinal cord injury, the Veterans Affairs Principal Investigator for the Study decided to leave the spinal cord stimulator in place in Plaintiff’s spine, representing that taking it out could do more harm than good.
- To this day, the spinal cord stimulator installed in Plaintiff on October 6, 2023, remains as originally placed.
- Despite the occurrence of spinal cord injury on October 6, 2023, the VA and the Veterans Affairs Principal Investigator for the Study did not diagnose myelomalacia until July 1, 2024.
- The VA first referred Plaintiff to its Spinal Cord Injury Clinic in August 2024, over 10 months after Plaintiff suffered his spinal cord injury.
- Pre-operative evaluation for the Study indicated that Plaintiff was not a viable candidate for placement of a spinal cord stimulator for purposes of a volunteer study providing no therapeutic benefit to the Plaintiff.
- The placement and/or management of the stimulator was performed negligently and fell below the applicable standard of care expected of reasonably prudent neurosurgeons and medical professionals under similar circumstances.
- As a result of the negligent acts and omissions of the VA Principal Investigator for the Study and other VA providers, Plaintiff sustained significant injuries, including but not limited to myclomalacia of the spinal cord that has rendered Plaintiff permanently partially paralyzed.
- As a result of the spinal cord injury, Plaintiff cannot stand without leg braces for each leg, and cannot walk without such leg braces, a walker, and a significant amount of effort.
- After causing serious injury to Plaintiff’s spinal cord, Defendant failed to timely treat Plaintiffs spinal cord injury, resulting in additional and more severe injuries and health complications.
- The negligent conduct of the Veterans Affairs Principal Investigator for the Study and other VA providers was the direct and proximate cause of Plaintiff’s injuries and damages.
If you or a loved one suffered harm as a result of medical malpractice involving the VA, a federal medical facility, or involving a federal employee, you should promptly find a federal medical malpractice lawyer (Federal Tort Claims Act lawyer) who may investigate your VA medical malpractice claim for you and represent you or your loved one in a Federal Tort Claims Act medical malpractice case, if appropriate.
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