VA medical malpractice claims Archives - Medical Malpractice Lawyers

Federal Lawsuit Alleges Plaintiff Harmed By VA Spinal Cord Stimulator Study

August 4, 2026

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 wal[...]

$780,000 Medical Malpractice Settlement For Man Who Was Injured While Under Effects Of Anesthesia

June 10, 2023

$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[...]

Federal Appellate Court Holds VA’s Patient Referral To Outside Hospital Not Subject To Federal Torts Claims Act

April 1, 2022

The United States Court of Appeals for the Seventh Circuit (“Federal Appellate Court”) stated in its opinion dated February 10, 2022: “there is no evidence that Dr. Mercier was acting on behalf of the VA in an official capacity. Instead, the record shows that Dr. Mercier operated i[...]

Federal Appellate Court Rules Veteran’s Medical Malpractice Claims Not Subject To VJRA

September 1, 2021

In 2018, Mr. Smith, a veteran, initiated a lawsuit in federal district court against the United States, proceeding under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. Section 1346(b). Mr. Smith claimed, in part, that various medical professionals working for the Department of Veterans Affairs [...]

Brian Tally VA Employment Transparency Act

February 21, 2021

The Brian Tally VA Employment Transparency Act (“Act”) was signed into law on January 5, 2021. The Act provides that any veteran or family member who has filed a claim against the United States Department of Veteran Affairs (“VA”) for damage, injury, or death is entitled to r[...]

VA Medical Malpractice Lawsuit Alleging Failure To Refer Settled

February 8, 2015

The U.S. government settled a VA medical malpractice case during January 2015 by agreeing to pay $900,000 in the pending federal tort claim lawsuit that alleged the negligent failure of a VA scheduler to timely arrange for a man who had melanoma to receive specialized care for his condition. [...]

Official Review Finds Military Health Care Only “Average”

October 15, 2014

It was announced on October 1, 2014 that U.S. Defense Secretary Chuck Hagel’s 90-day review of the military health system found that it was comparable in access, quality and safety to care offered on average in the private sector. However, Secretary Hagel said “average” was not g[...]

Mississippi Medical Malpractice Plaintiff’s Expert Affidavit Ruled Insufficient

November 26, 2013

The trial judge in a federal Mississippi medical malpractice case determined that the plaintiff’s required expert affidavit was deficient and that the medical malpractice defendant was entitled to judgment in his favor as a matter of law. In a November 21, 2013 written opinion issued by the[...]

Missouri Veteran Receives $8.3M Settlement For VA Malpractice

November 21, 2013

A retired 43-year-old U.S. Army veteran and long-time postal worker from St. Louis, Missouri had a cardiac stent implanted at the John Cochran VA Medical Center in St. Louis, Missouri during February 2009, after he experienced chest pain. The stent was implanted by using a catheter inserted t[...]

Medical Malpractice Payments To Veterans Hit 12-Year High

September 16, 2013

Medical malpractice payments to veterans made on behalf of the U.S. Department of Veteran Affairs (“VA”) totaled $91.7 million in 2012 (an increase of 28% from 2011, when the VA paid approximately $72 million in medical malpractice payments), which was the highest amount in 12 years. F[...]

Federal Appeals Court Upholds VA Medical Malpractice Settlement Report To NPDB

August 17, 2013

On August 8, 2013, the United States Court of Appeals for the Eighth Circuit upheld the VA’s determination that a medical malpractice settlement that it paid following a patient’s death at a Veterans Affairs hospital was “for the benefit of” a consulting gastroenterologist and theref[...]

Our Memorial Day Thoughts Are With Veterans Injured Due To VA Medical Malpractice

May 27, 2013

On this Memorial Day 2013, we remember and honor all of the members of all of the branches of the U.S. military who sacrificed their own needs when their country needed them the most. Fortunately, most veterans returned home after their tours of duty in good shape. However, others were permane[...]

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