Veteran Wins $2.5M Prostate Cancer Case

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steve cooper prostate cancer

Veteran Steven Cooper won his malpractice case against Phoenix VA for misdiagnosing his prostate cancer resulting in a $2.5 million decision.

The federal judge presiding over the case concluded Phoenix VA breached the standard of care when a nurse practitioner found abnormalities during an exam but failed to order additional testing. Veteran Steven Cooper, a 46-year-old entrepreneur, is believed to only have five years left to live.

Lawyers defending VA said the nurse practitioner did not breach the minimum standard of care in part because Cooper never complained of urinary problems. However, that nurse practitioner failed to order additional testing despite noting prostate abnormalities.

Eleven months later, another VA clinician informed Cooper he had stage IV prostate cancer.

The verdict is an interesting one because it holds VA accountable for the acts of a nurse practitioner who performed prostate examinations. It is arguable that had Cooper seen a qualified urologist straightaway, that VA would have caught the prostate cancer at a treatable stage before spreading to other parts of his body.

Hopefully, this case will send a message to VA executives that overstaffing with advanced practice nurses versus hiring doctors will not, in itself, absolve the agency of liability when it fails to provide competent medical services necessary to diagnose and treat any reasonably presented condition like prostate cancer.

Source: http://www.azcentral.com/story/news/local/phoenix/2017/03/06/arizona-man-awarded-25m-medical-lawsuit-vs-va-hospital/98829600/

Ishmael Shelton
Ishmael Shelton
Undoubtedly waiting time are being falsified. In my case after have a seed implant radiation I started to have great difficulty urinating and some times it took 5 minutes. After seeing the same practitioner in urology twice, In mid November I was told that I might have a blockage and that an appointment for scope exam would be made.but I wasn’t given a date. In February I was informed that the procedure would be on March 27. That appointment was… Read more »
namnibor
namnibor
“[Lawyers defending VA said the nurse practitioner did not breach the minimum standard of care in part because Cooper never complained of urinary problems.]” So, the VA once again tried to BLAME this on the VETERAN for not complaining of urinary problems? WTF VA? WTF VA?!!!!!!!!!!!!!! How about having proper medical personnel instead of WINGING IT you rat bastards! I personally think this Veteran was LOW-BALLED and the VA should be shown a lesson they only understand…give ALL FUTURE BONUSES… Read more »
namnibor
namnibor
So, by the VA’s very own reasoning, a medical professional is still giving MINIMUM STANDARD OF CARE as long as the Veteran never complains about an internal ailment that you may or may not even know about let alone FEEL until it’s WAY TOO LATE? HINT VA: That’s what proper imaging and diagnostics are for…as well as Gastroenterologists and Proctologists….not a Nurse Practitioner that’s FIRST LOYALTY IS TO THE FUCKING AFGE UNION!!!!!!!!!!!!!!!!!! Does today’s article answer WHY we cannot and… Read more »
Crazy elf
Crazy elf

namnibor,
When it comes to the VHA’s nationwide, it’s all about the fucking “BONUSES”, NOT veterans healthcare!
Until the “Vulture Culture” is replaced, don’t expect to see any changes!

OLDMARINE
OLDMARINE
nurse practitioner did not breach the minimum standard of care in part because Cooper never complained of urinary problems……….. I will bet he did…….they did it to me before i started using secure messaging and sending my concerns before an appointment but then they still tip toe around it and tell me thats why you get the GABAPENTIN i call it the zombie drug, they think its a cure all, mine goes in the garbage. i have other ways doing… Read more »
ANutterVet
ANutterVet

@OLDMARINE – Gabapentin is a go to drug for the VA. Side effects of Gabapentin;

•dizziness, drowsiness, weakness, tired feeling;
•nausea, diarrhea, constipation;
•blurred vision;
•headache;
•breast swelling;
•dry mouth;
•loss of balance or coordination.

The side effects from Gabapentin were too much for me to handle, since I already deal with weakness, constipation, headache, dry mouth, and loss of balance.

The VA has never asked me how my medications are working for me. They hardly probe using specific medical questioning techniques. Tacky and weird medical practices.

OLDMARINE
OLDMARINE
ANUTTERVET More common: side affects of gabapentin i felt worse taking the shit then not. but PC said WE decided the benefits out way the side affects. I wonder who the we was. so just add 10 more problems to my list to cure 1. TRUE FUCKING IDIOTS cold or flu-like symptoms a delusions dementia hoarseness lack or loss of strength lower back or side pain swelling of the hands, feet, or lower legs trembling or shaking
91Veteran
91Veteran

ANutterVet, another suse effect of Gabapentin is nightmares.

Taking them for about 4 days was enough for me.

ANutterVet
ANutterVet

@OLDMARINE, @91Veteran – Fortunately, I stopped taking Gabapentin after one week. I didn’t like the side effects. I come across many Veterans that are prescribed this medication. I can only imagine the amount of Gabapentin on the formulary shelves. I was on 1800mg of Gabapentin per day. Other Veterans that I met, were taking as much as 3600mg a day. Like I said, the VA loves this drug. A pseudo cure all medication.

cj
cj
@ANutterVet: Your right, I can’t tell you how many times I have been scripted Gabapenton. I don’t remember the exact reason I didn’t like taking it, but I think it was two fold, one, it didn’t do shit for the pain, and I am pretty shure I didn’t like the way it acted on my mind. Don’t quote me on that tho. I am just not 100% sure, so many damn drugs over the years, I can’t remember what drug… Read more »
namnibor
namnibor
Allow me to reiterate my VA experience with Gabapentin: Both feet from calves down to feet were swollen about 3x my shoe size, and I know because I had to at that time in my life go to food pantries and free clothing places while doing both my SSDI and VA Svc. Connected Claim and had to grab a ridiculously large clown type shoe in order to go to my VA appointment when I called complaining of the swelling 3… Read more »
91Veteran
91Veteran
Exactly the same here namnibor. As you know because of my bitching about it, I have health insurance and could go outside for care of my service connected conditions, and have done so when needed and paid what I had to. As I said to my Primary care doc when she asked why I don’t just go outside for care of my service connected conditions, I said with the billions spent by this country on the VA, one would think… Read more »
cj
cj

@namnibor: That aint ranting, thats truth telling right there. You hit the nail on the head so many times I swear your were a pnuematic nailer.

namnibor
namnibor
“here”….and also do note, I have NO heart issues nor any history of such. However, as insistent as the VA hacks were that gabapentin was not the culprit and it was somehow my heart. The VA never once sent me for any heart or related studies/tests. The ER I went to sent me for same but even when in the ER as soon as I said the name “gabapentin”, they KNEW what it was or a high 99% chance that… Read more »
91Veteran
91Veteran

Isn’t that a nice treat Nam? Go to the VA to get disrespected, dishonored and jacked around by some fat whale wanting to play doctor, and when the incompetence is discovered and the death warrant is signed, the veteran gets the blame.

Now, how fast will all kinds of problems arise if a veteran seeing a wanna-be doctor demands to see a real doctor instead? Including DBC flags and escorts everywhere?

namnibor
namnibor

It might prove prudent to pack a few Twinkies in your backpack when going to the VA and to easily distract the fat whale wannabe dr. in order to see a more qualified one, just toss the Twinkie out the window or a flight of stairs. 🙂

Never underestimate the power of a Twinkie. Long shelf-life as well. 🙂

Just Another Veteran
Just Another Veteran

The malpractice laws need to be rewritten. The VA is currently operating with impunity and even when they are caught, and put someone’s life in peril, they openly deny fault. Holding employees accountable will better serve those who receive care.

It’s wrong to literally force us to go to the VA, receive substandard treatment, then hold nobody accountable for atrocities.

It’s too bad this young man is going to lose his life.

What say you Veteran Service Organizations? Crickets

91Veteran
91Veteran

The VSOs are more concerned over $2.5 million resources being drained away.

Crazy elf
Crazy elf
This article today is exactly how my “brother” – “Hangman” was misdiagnosed by the VHA in Daytona Beach, Florida. And, on 3/10/16 he “passed”! His wife said, “At the moment he stopped breathing, a smile crossed his lips!” At least I knew he wasn’t in any more pain! I’m glad, and saddened, Cooper was able to receive $2.5 million for this VHA FUCK-UP! Only, money is NOT worth anything, if your held hostage by a corrupt government agency. Especially one… Read more »
ANutterVet
ANutterVet
Ben, this is a no brainer. In your article, you stated that the, “nurse practitioner failed to order additional testing despite noting prostate abnormalities.” I noticed that abnormalities is plural, meaning more than one symptom was detected in Steven Cooper. The abnormalities are the indicators that something may be wrong, and warranted further testing. And, when the Nurse Practitioner [NP] noticed these abnormalities, besides ordering more tests, the NP should have done a more thorough exam, and asked more detailed… Read more »
91Veteran
91Veteran
What irritates me about that comment that he did not complain, therefore the Nitwit Practitioner did not order more tests and it’s his fault is the arrogance of it. Its the arrogant belief that he should have known how to do her job, and should have known it was his responsibility to complain of certain symptoms to inform her. We all know how you could complain of a pain in your back and VA providers would ignore the complaints, along… Read more »
ANutterVet
ANutterVet
@91Veteran – Right on 91. Most VA PCP’s don’t probe Veterans with questions, therefore many additional problems are being missed and overlooked. Veteran Cooper should’ve had more tests performed. Like grocery stores, each location has an average amount on how much each customer is spending. I wonder if the VA has an average amount per cost for each Veteran that uses VA medical services. If there is, it could be based off of gender, age, ethnicity, . . . etc..… Read more »
namnibor
namnibor
Also, with IBM’s Watson super computer in the mix, you *would think* the VA would be up on most current diagnostic technics and medical breakthroughs as much as the VA loves to tout they are ‘world class’…what the VA omits there is the ‘Third’ in front of ‘World Class’ medicine. It’s almost like the VA sent planes to African and Indian outback village outposts and used skywriting to advertise to those sitting outside their mud huts to come play doctor…oh,… Read more »
cj
cj
@91 Veteran: These doctors wouldn’t care even if you did recite all your symtoms. I told my pcp, that I had a terrible pain between my shoulder blades, she sends my upstairs for an exray, says I have an old broken rib. I said” I think I would remember a broken rib” she shrugged it off, and the next day I lost my life 3 times, to a major heart attack. The er cardiologist installed 2 stents, and wanted to… Read more »
touchavet@gmail.com

all the money in the world will not return a healthy prostate

disgruntled vet
disgruntled vet

LOL, nice! That 2.5 million dollar check is gonna be a tough check to write.

namnibor
namnibor

Providing said check for $2.5 Million does not bounce. I wonder what kind of VA f^ckery they will invent in paying that out to him and his family? Will the VA try to spread that out into payments over time and at the same time withhold his Disability Compensation? I’m sure we have not heard the last of this Veteran’s nightmare nor his family’s.

Kat
Kat

Actually the money is paid through the US Treasury Dept. The money doesn’t come from the VA directly. So they get off the hook there too.
Basically in the long run, it’s the taxpayers that foot the bill.

Crazy elf
Crazy elf

@disgruntled vet,
I bet they’ll have a hard time collecting it!
Like namnibor says, How will VA pay for it, (paraphrasing)?

91Veteran
91Veteran
As Kat says, it comes from the US Treasury. It needs to come directly from any budget the VA plans on using for bonuses. If that isn’t enough, then from their art budget. If that isn’t enough, then from their relocation budget. We can keep going until the entire VA budget is zeroed out. Its time they take some responsibility for the pathetic providers they hire and protect at all costs. Speaking of responsibility, where the hell was this nurses… Read more »
Crazy elf
Crazy elf
OK, folks, here’s some great news and some really bad news! First: From; “Not Fake News” dated: Mar. 6, 2017 – (7:07 min. long) Titled: “BREAKING: Trump’s Obamacare Replacement Bill Is Here, Nobody Can Believe What’s NOT In It….” #2.) From; “Military.com/Daily News” via: “Stars and Stripes” dated: 6 Mar. 2017 Titled; “2 Vets Win Agent Orange Exposure Case from Okinawa” by: Mathew M Burke and Chiyomi Sumida. This was great news for these two vets. Really bad news for… Read more »
Big Biz
MALUM IN SE… This is what I’ve been saying all along…””The U.S. Federal Courts””are veterans only “hope””. We must come together and “fight” in courts across the country. The federal judges in this country have seen and heard the “crys'” of veterans!!! Check and re-check the laws in place for us..i.e. ‘”Class Actions”” litigations…because I can remember when veterans “”DIDN’T HAVE RIGHTS TO THE COURTS”” ….it wasn’t that long ago we were “”treated like slaves”” because the dam V.A. had… Read more »
Big Biz

Pray for the “vet” that “‘won””….remember what man says in the medical sense….God says is….””WRONG””

Rick b
Rick b
I have said for many years the VA should be using Nurse Practitioners, or PA’s . The only hire these people to save money, The veteran always pays the price. I myself refuse to see medical providers that are not doctors. In fact I have been known to walk out of an appointment because I was not made aware ahead of time of the status of the treating medical personal. I would rather pay out of my pocket than to… Read more »
Rick b
Rick b

should have read ///should not be using/////

cj
cj
Hey va, you think 2.5 m is too much? Ask his family what they think, when this veteran is no longer here because of your fucking BS. Will the nurse practitionaer get fired? Fuck no, they already gave her, her defence: “Lawyers defending VA said the nurse practitioner did not breach the minimum standard of care” The union thugery woould be proud. I bet she gets a bonus, for saving the va all that money on “further testing”. Hey Shill-kin?… Read more »
Don Karg
Don Karg
03/07/2017 Dear Benjamin Krause, Local TV Channel Three/Five in Phoenix reported that this Judgment was to be announced in the morning of 03/07/2017—which is false, delayed news. Early this week I had tried to get a hold of the Greg Patton the Attorney here in Town [disconnected] and over in CA [left a message]. Strange that the Lawyer has an answering machine—Reno never had one over in Long Beach/Lakewood [Worker Comp/CDC—Toxic Chemical Exposure case]. It is good to see that… Read more »
Steve Cooper
Steve Cooper

my verdict was read Monday at 1:30pm by the judge in open court.

namnibor
namnibor
Your brothers and sisters-in-arms have your six and our prayers. Chronic health issues seem to have a profound way of impacting the way we view things, it’s almost like a fifth dimension of thought because of a brand new perspective. Utilize all this energy to advocate and help things become better for current and future Veterans, and am so sorry for what you have and are going through. Glad you won an award and perhaps set a legal precedent in… Read more »
91Veteran
91Veteran
I hope you will be able to follow this Ben because I think this case will have far reaching implications, beyond just using Nurses as doctors. Will this cause a knee jerk reaction within the VA where every veteran will be required to have a prostate exam including females? To make it look like the VA is doing something and avoiding liability? Would they care since its the taxpayers paying for this with zero blowback on the VA? The biggest… Read more »
Don Karg
Don Karg
03/07/2017 Dear 91Veteran, Great response to the article—Call it what it is Hush Money. If it looks like a spade, call it a spade—-Karlheinz Halter always used that in his writings. The VA will have to deal with countless of numbers of lawsuits coming at them. What to expect—Ask the Aerospace Whistleblowers of the 1980s?–Well, most are dead. Planned, or just incidental—ask the U.S. Senators when they slammed the door shut. Oh, most of them are now died. Get the… Read more »
91Veteran
91Veteran

Again, that’s why I wonder if the VA will appeal this.

Not only does it open the floodgates for more lawsuits, it puts a serious crimp in their plans to use nurses as doctors.

namnibor
namnibor

Pretty sure the VA is living proof Ferengi live on Earth.

namnibor
namnibor

Laws Of Acquisition #10: Greed Is Eternal.

Jo3n
Jo3n

I’m glad they won, so far anyway. It’s another reason to stay away from the VA. I hope this does open a door that has been closed for too long. Why would Sessions fight the decision? I’m not getting the why. Wouldn’t that be going against what our President said? One thing I am sure of, there will be no apology from the VA.

91Veteran
91Veteran

I don’t see Sessions deciding on his own to fight or appeal this.

I see it being appealed if a bunch of contractors, VSOs or congressmen see their gravy train being threatened.

namnibor
namnibor
Don’t forget about AFGE President David “little” Cox and his minions. The AFL-CIO and by proxy, AFGE, will spend $3Million to save $1Million, because they can and will defend an idiot dues-paying member like a rabid dog as to not have a crack punched through in legal precedent to allow further eroding of the cookie jar. Now, since it’s the Treasury Dept. in which such payments are made for this Veteran in today’s article, I second the proposition to take… Read more »
ANutterVet
ANutterVet

*OFF TOPIC – To take the GOP’s Republican Chairwoman’s Survey on how and what you’d like to see POTUS Trump to do for our country, and to give your feedback, send an email and ask for the Chairwoman’s Survey.

To request the Chairwoman’s Survey, send an email to; “Ronna McDaniel [email protected]

Survey is multiple choice and only takes about 3 minutes to complete.

nicky w savage
nicky w savage
That is par for the course, here are my complaints of the last year. Low testosterone, they will not treat because I am overweight. Number 1 side effect of low testosterone is weight gain. Hi protein levels in the urine, time and time again. With my malignant hypertension I have asked for kidney tests to make sure it is filtering the blood correctly with no action whatsoever. Again with uncontrollable blood pressure I have begged for a cardiologist since 2012.… Read more »
cj
cj
@nicky w savage: Don’t leave cardiac issues up to the va. Please don’t do that. As you already found out it can kill you. I also believe stress tests, and nuclear stress tests should only be given at a heart center. If a heart attack is triggered, your fucked. I understand you may not have a choice but to use the va, so do this. Once a month go to the va er and complain about chest pains. It won’t… Read more »
Ex va
Ex va
This article is sad and there is probably hundreds maybe thousands of Veterans who have been treated like this or worse. For a payment of a life the va gets off easy per their normal standards. I guess i am happy for the dear Veteran for winning, but he should have not gone thru any of this incompetence in the first place!!! Here is your payment for incompetence that we fought you every step on the way of this horrible… Read more »
ANutterVet
ANutterVet

@cj – Can I get the definition of Spinkteraroundtheneckblindcocksuckeropolus, and use it in a sentence please.

cj
cj
@ANutterVet: That is : fuckavetasaurplatapuss.spinkteraroundtheneckblindcocksuckeropolus Definition: A va practitoner/nurse that resembles a platypus, but has it’s head stuck up it’s ass and got it’s head stuck up it’s ass by being a blind cocksucker and blames the vet for it’s circumstance and fucks said vet over. Use in a sentence: While showing my va pcp the knife that accidentally got stuck in my back, the fuckavetasaurplatapuss.spinkteraroundtheneckblindcocksuckeropolus, decided to send me for an endoscopy just for the hell of it, and… Read more »
cj
cj

It is right between dicknosedsmegmapopper and fwufftittedbutterbastardswinediddler.

ANutterVet
ANutterVet
@cj – I had to teach my PCP how many 4 hour segments were in a 24 hour period. After the schooling, my meds were renewed, plus instead of prescribing me a muscle relaxant, I was given more pain medication. WTF. I not only have to watch the overall medical care that I receive, I have to show my PCP how many tabs that I take per day [when the PCP writes the script], and then they are so uptight… Read more »
cj
cj

@ANutterVet: I will email my answer to you. This is a long subject. be right back.

cj
cj

Tap tap tap………….did I break the blog?

cj
cj

Shill-kin doing a bang up job, wasn’t it he who started this whole nurse/practitioner pharma/doc in the first place? and didn’t he testify that he would get rid of people like that? Well Shill-kin? When can we expect your resignation? After all it was YOUR policy that murdered this poor veteran.

ANutterVet
ANutterVet

@cj – You’re asking Skull Skin to admit to a wrong doing. Only way for this to happen is if Skull Skin is recorded or via emails. His phones should be tapped.

ANutterVet
ANutterVet

@cj – I’ll be searching for some supplements. Hopefully I’ll get a notification from Outlook. I’ll check back on the blog in a couple of minutes.

cj
cj

@ANutterVet: I am still having trouble, I am on the max dose of meds for reflux, I use a 1/2 tsp of baking soda in about a cup of water to control breakthough pain.

ANutterVet
ANutterVet

@cj – Do you have a burning feeling below you throat, in your esophagus?

cj
cj

@ANutterVet: It is a terrible thing another veteran is going to die a horrible death due to the va’s incompetence. What is even more horrible is that not a single person will be held accountable.

How are you tonight?

ANutterVet
ANutterVet

@cj – I know, that’s the VA for you, no solid accountability. I hope Cooper gets his the money. Its only a token. He deserves more.

cj, I’m getting tired of no consistency, only that the VA can change their minds all the time. Its tiring. I’m still unsatisfied with everything.

cj
cj

@ANutterVet: I don’t blame you, I mean come on…………how many people in this entire world can say, they had to expain how many hours are in a day and how many pills that would mean a script should be made out for to their doctor? Not many, that I can tell you for sure.

cj
cj

@ANutterVet: Actually it feels like I am having a heart attack, and also sometimes after I eat, I swear if feel like the food fell from a 20 story building and hit the bottom of my stomach. I know there is something wrong, but I can’t force a doctor to do their job. I am in the process of finding another gi doctor.

cj
cj

When I say it feel like it hit the bottom of my stomach, I mean it is extremely painfull, like I was gut punched.

ANutterVet
ANutterVet

@cj – Any bleeding?

Ex va
Ex va

@ cj, you feeling that bad now? You think it could be an ulcer? Saw my pcp yesterday in private sector she said i was the sickest person she saw all day my flu turned bad now on high antibiotics, prednisone, and cough syrup. Been too sick lately. Tired of it. Sounds like you are getting tired of it too. You need to get some help buddy, get a referral and testing.

cj
cj
@Ex va: This isn’t new, it’s been going on for a long time, I usually get scoped once a year, Have had a bravo unit inserted. They just can’t figure it out yet. The first scope they ever did, was at the va, I woke up durring it and heard one of the interns say “Oh my God, is that a tumor” then I reached out and grabbed a nurses leg and out I went, They told my I had… Read more »
ANutterVet
ANutterVet
@cj – They were probably scoping someone else and got the both of you mixed up. I just had a brainstorm. If I have to have any procedure done and it requires me to be put out, I would like my wife to be there in the room. I know, I know, I’m asking for too much. Excuse me for thinking on how to protect myself from these unaccountable reprobate dingbats. I’m going off at 1:30am. Too tired. Very long… Read more »
cj
cj

@ANutterVet: I hear ya, You sleep well, and as always, God Bless you and your family. Will talk soon. Goodnight.

ANutterVet
ANutterVet

@cj, @Ex va – Ok, you both have a good night. My head is bobbing over top the keyboard. Good night, and God bless you both and your families. Ex va, keep an eye on your condition. Both of you have been dealing with your med issues for quite a long time. I’m very concerned about the both of you. Don’t fool with these conditions. Good night.

cj
cj

@ANutterVet: No bleeding. I am thinking either the meds are eating away at my insides or there is something growing that souldn’t be there.

Ex va
Ex va

@ cj, sorry your feeling so bad. You need to get looked at. I hate going to doctor appointments, mine wondered why i waited so long. Don’t wait too long cj.

ANutterVet
ANutterVet

@cj – Sounds very unusual with what is happening with your stomach. Try not to wait long in getting this checked out ok? I don’t like what I’m hearing. At least, there is no blood in your system, that’s a good sign. I’m concerned due to the way that you describe what is going on. Were you able to use any of the links that I sent to you? I’ve been up since 5am and I have finga slippage.

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