Veteran To Get $550,000 After VA Doctors Ignore Heart Failure For Years
One Iowa veteran is set to receive a $550,000 settlement after VA doctors overlooked test result showing his heart was failing three years earlier.
John Porter, a 68-year-old Vietnam veteran of the Air Force original sued for $5 million but the agency ultimately settled the matter for roughly 10 percent that amount. Porter was happy to have at least lived long enough to see the settlement.
“After I’m done paying my lawyers and expenses, I’m not going to be rich,” said Porter about the settlement for irreparable hard damage caused by VA malpractice. “It’s more of a moral victory than the money.”
In 2011, Des Moines VA Medical Center doctors treated Porter for tightness in his chest. Tests showed he might have heart problems.
Three weeks later, a follow-up test showed his heart functioned at less than half the normal levels. Such a result shows the veteran was experiencing heart failure.
VA doctors at the facility failed to appreciate the test result and failed to inform Porter he was experiencing heart failure that could have been addressed at the time.
Three years later, doctors at the infamous Phoenix VA found the test results when Porter was seen for chest pains, but it was too late to repair any damage to the heart from the delay.
The lawsuit highlighted a statement from a Des Moines VA cardiologist who was noted as stating, “I doubt there will be much progress made,” without fully informing the veteran after noting the test results showing heart failure were not acted on.
A VA spokeswoman failed to respond to inquiries. Department of Justice attorneys representing the agency acknowledged the 2011 test and that the test was not acted on. But those attorneys denied negligence by VA staff. They also denied Porter’s life was cut short as a result of the error.
My husband died of Metastatic Cancer to the Brain in December 2016. Lymphoma show in a Lab report Oct. 20, 2014 with 14 pages missing from his medical file. We didn’t know there was a problem until it went to his brain and was told December 1, 2016 he had cancer.
I have learned the VA can kill who ever they want with lack of culpability for anything! Attorneys don’t like these cases because of the problems and the lack of money that can be collected. At least John Potter is alive. Better than a lot of veterans.
Broken Hearted Widow, I am so sorry for your loss. This agency is corrupt to the core, and the reason those pages are missing is because they show negligence on part of the VA.
When a family settles out of court, they do so without ever knowing the full details of their loved ones death. At the very least, you deserve to know “everything”.
There are many more articles, this is just one of so many more.
JWell, so sorry, really; Some cases should be turned over to our lawyers and some cases should be turned over to the “sniper division” or to the weapons platoon………………………………………….oin the discussion
My husband did of a delayed dx of gastric cancer. All the VA doc told us was “We could have done better” andhis records don’t reflect his complaint of pain in the stomach after eating!!! He died a horrible death
Why are we not working together with some smart lawyer to get some of this green from, The Man? Please tell me why? They screw us, we screw them. It’s a simple proposition. 550K is the tip of the iceberg.
Would it be valuable to a lawyer if I could magically make appear the VA Regional Counsel “playbook/training manual” of VA Federal Tort Claims Settlement and litigation strategies? How about all the training materials for all Regional Counsel in-house CEUs for last many many years. What if I had a SECRET spreadsheet with all the settlement data (=$$$) for all the VA cases settled for the last 5 years, that would show VA/VACO tolerance limits on damages for types of cases?
Now I am not saying I have this stuff, but what if I did??? This is all hypothetical of course!!!! I wouldn’t sell it, but if I could deliver it to an attorney and they could use it to screw these asshole fuckers????
Anyone know how to use Tor???
I used Tor on a bootable USB stick running Linux Mint some time ago, but would need a refresher.
What is there to know about using Tor? you download it, you start it. It is a stand alone product, unless your using Linux, then use Vidalia, or you can download and use the Tor-browser.
For an eye opener look into who developed Tor, not so safe after all is it? That is why Snowden used Qubes instead.
Complete Internet anonymity? Use a USB drive and install Tails on to it, “The Amnesic Incognito Live System”
What are you trying to achieve? is a better question.
Surf anonymously? use Qubes os, and fire up a virtual machine inside a virtual machine, and surf away.
Converse with others using an end to end encrypted advanced algorithm program? use the “wire” app
Sneak up and shout “Boooo”? take your shoes off and step real softly, this is what Indians use to do after coming home from a raid in the middle of the night so they wouldn’t wake their squaw, and where the phrase “tee pee toe” came from.
Ninja’s are not really practical, an extreme long distance shooter can see them a mile away……….so to speak.
I know, I know,……….nobody likes a smart ass.
Yes, Cj but you have the absolute right answer; In order to win against such a bunch of crooks/creeps, you have to REALLY SHOCK THE SHIT OUT OF THEMJoin the discussion
This stuff is NOT classified and it can be gotten; A class action suit to declare the process unconstitutional and in opposite with the VA claims process is in order Join the discussion
Flotmorton P. Gldersleeve: FPG, do you use the wire app? I wouldn’t mind discussing a tactic with you in private. My id is cj59
Dustin: I completely misunderstood your post. Yes there is a way to send it that cannot be traced, send it using the “wire” app. my id is: cj59
Sorry I misunderstood.
Dustin, you can send the info you have to me I would greatly appreciate it. Please contact me at “[email protected]” we can talk about a way to do this. Again, I apologize for misunderstanding your comment. The information you offered would be of great assistance in fighting the VA. Thank you.
Maybe my email is slow, but your subscription to new comments does not seem to be working.
The only silver lining in this disaster is the veteran survived. Yeah, the award was $550k, but as he said, he has expenses to be paid. How fast will any amount remaining be used up for further medical expenses caused by this? They can claim whatever they want, but to me the proof is in the verdict and the award.
I defy any of these hacks involved that claim his life is not shorter due to this damage to either show the crystal balls they used to determine this, or the medical evidence showing someone can experience heart failure for 3 years yet have no lasting damage.
It would be nice to know the cardiologist at the VA in Iowa who failed so miserably. Does he still have his license? Is he still harming veterans at the VA?
Got my letter today from C&P exam. This how ignorant they are! Told me after 30 years of a bad knee and almost 20 since ACL repair and removal of torn meniscus rated at 30%, the new rating is zero. My ankle that fractured with a rating at 20% for over 20 years is now 10%. My right hip that was rated at 10%, stayed at 10 even though it tore the labrum up from bone spurs. From my gait being altered and from numerous falls from my leg not being stable, I now have arthritis in other hip with torn labrum, other knee has arthritis as ankles and toes. Have 10 discs in back that are either bulging or spurs with stenosis. None of these were addressed or a word written. From the chronic pain I am on 75 fentanyl patch and oxycodone which has affected my mental health greatly. Depression, sleep, anxiety and all the other horseshit was rated at 70%. Now here’s stupidly that will most likely take my life. They increased my mental health problems to 100% with extra pay for home bound. So all the problems that caused my mental health problems in their stupid logic has gotten better to the point that my ratings decided to almost nothing. So if everything is better? How in the hell did my mental health connected to those problems get worse? So bad that without asking they gave me special disability allowance of $400 a month? I am so good that I’m on fentanyl and when they check for range of motion it goes more because I don’t feel anything. I’m really bad, DAV did nothing but send an letter saying what the VA did. This is the most stupidest thing I ever heard. Of course they said my mental health rating was not permanent and will schedule a exam down the road. I’m sure at that time will reduce again to almost nothing. Wtf
Ask for a hearing on the record and bring your own attorney and doctor.Join the discussion
Can some one explain to me the ‘Oath to Exit” bill passed resonantly.. i dont mean to depart from this story .i hope the guy gets his money…
I went to the Neurologist here at fort bliss VA and they took a MIR and they told me that the results came back good and there was nothing wrong qith my head. I ask the doctor if I could see the MIR and she said that I shouldn’t worry about it and that I’m fine. I theb demend to see them anyways and to sit with the Neuro to explain to me about how its fine. We then set up an appointment to see the MIR and they found out that I’ve had microvascular arterial disease.
Still don’t know what I have to do or what I have to improve on or what meds I have to not takw anymore. I’m really upset and can’t do anything about it..
David: Immediately request another Doctor, file a complaint against that “Doctor” and then file a malpractice complaint………file an Immediate cause of action in the U.S. District Court requiring/mandating that the VA give you explicit instructions as to how to proceed medically. (Court Order) the discussion
so typical of VA DRS……most doctors and others just collect a check …and nice retirement….NO ACCOUNTABILITY….NO TIMELY CARE…SICKENING
Links on Claims – The VA’s Numbers Game – And were supposed to trust these people (VA AFGE E3mployees and their piglet helpers). And, then there’s the VSO’s, who you’d think were for Veterans, and only Veterans. But no, the VSO Representatives will misguide you, and basically lie to you. A down right disgrace. Anyway, these links are around 3.5 yrs old, but are very informative on how some VA AFGE Union Employee will manipulate the claims process time, therefore adding more time to a certain group of claims would be mismanaged by adding more claim time to the Veterans status(es) on each claim.
“https://www.youtube.com/watch?v=oM7oYzL2DCg” – – – This video is good at explaining how your disabilities are combined, and then calculated into a percentage, that shows the amount of your total disability, which can never be more than 100 percent. This video is straight forward, with powerful fundamental examples on how your disabilities ate calculated for determination of a disability.
I always wondered how the VA calculates multiple disabilities to determine your total disability rating. At first, the claims processing gives you a spirit of being overwhelmed with the VA’s way of doing things, and the lack of experience of many VA AFGE Union Employees. A main point in claims processing is, CAN YOU PROVE YOUR CLAIM, and if you waited to long in filing a claim, you better know WHY YOU WAITED SO LONG TO FILE YOUR CLAIM?
If you can prove your claim, great, that’s how it should be. And, if you can explain why you waited so long to file a claim for your disabilities, that’s fine as well. Tell the truth, and look for areas of your situation, that positively shines the light on you, and to make you look good in the eyes of the Claims Processors.
And, the other area of claims processing is, how does the VA calculate how much someone is disabled? There is a special chart that that VA uses, and it’s called “The Whole Person Theory.” This determines the combined disability of the Veteran’s rating, using the “Combined Rating Table,” at 38 C.F.R 4.25.
Also, when you make a mistake, or forgot something on your VA Claim, this will lead to an unknown amount of time to fix mistakes. That’s why it is critical to make sure that your initial filing should contain no mistakes, and nothing forgotten that was supposed to go into the claim.
The whole Claims Process is quite interesting. And, we need to learn as much as we can about the Claims Process. This should help us to try and benefit from the services, that the VA has in their till. You’d think that the VA would have someone that would truly help guide you through the maze of the VA’s cluttered, and unmanaged controlled chaos.
I’ll admit, I’m new to filing claims. From what I’ve read, when filing, your statements, answers, and explanations, they should be correct. And, you should be able to back up all your answers as best as possible. This means that you should have an explanation for all of your truthful answers.- – – Nutter.
when they turned down my application for benefits they suggested I “appeal” the decision. I said: Bullshit, I want a hearing on the record and I will bring my own lawyer and my own experts!! Gee they reversed their decision within 30 days. They are bureaucratic EXPURTS, you have to legally ambush the bastards. Never, Never believe that they are on your side. (my dad was a plumber who’s estimator turned in a bid $20,000 less than the cost; Dad paid for a large sign in his shop that said “NEVER ASSUME, TAKE NOTHING FOR GRANTED, CHECK AND DOUBLE CHECK;) A sign that cost him $20 Grand……. No one wins a war with defense, we must viciously attack these bureaucrats with the best legal advice and be relentless. Legal representation must be given to vets PRIOR TO THE APPEALS PROCESS…………Join the discussion
Can #BenKrause provide readers with list of all VA payouts in last 10 years and which States had the worse negligence?
Plus a list of the BEST BULLDOG Attorney for VA Medical Malpractice Suits. Besides my personal and legal situation with the VA, there has got to be some way to file a large group claim on some specific area of VA violating the law. I’ve came across a couple of people, a business owner, and a leader of an organization, that had serious problems with finances, and acted like they can hide any thing that is negligent on their part. – – – Nutter.
I am looking for such a group of pissed off vets/attorneys with whom I would cast my lot and throw in my law degree with them, so if you find such a group, let me know. Join the discussion
Cj covered VA well. We all know the VA isn’t going to get right without massive changes in management, starting with the top. Along with new contracts with AFGE where as they are all accountable. Or, get rid of AFGE in VA. Nothing else will work.
Good idea but many executives don’t want to rock the afge’s boat. Not too long ago I had a local afge “president” tell me to cease and desist since I was trying to hold employees accountable. I told the “president” that my allegiance lies with providing quality patient care. Anything or anybody that impedes patient care to any degree is an adversary and nothing less. Needless to say the “president” has grieved the complaint up the ladder. If upper management caves, and historically that’s the case, I want their “negotiated” response in writing.
You bet your sweet bippy, you get it in writing an d even though they may use Osama Obama and Johnny Cochrane, III, to craft their reply, once it’s in writing you can tear them a new bumhole.Join the discussion
VA Slogan that They Live By – “No Matter What, Admit to Nothing” That about says it all pertaining to the VA. – – – Nutter.
I’m happy John & his wife will get something but nothing can give him back years of life or replace Trust. I’ve noticed the Drs minimize report findings & keep off & ignore key words like “abnormal attention required”. The x-ray I had at the VA listed suspended heart & flattened diaphragm but the letter I received in the mail from the PC had only hyperinflated lungs.
I just had a Chest CT outside the VA, that report from them will be ready for pick up tomorrow, I’m not curious to know what the PC is going to leave off telling me. She is on vacation, I wish she never comes back to work. Choice worked very well in getting me the appt for the CT.
Cannot say it often enough – read your file notes – read your reports – don’t Trust those PC’s to do the right thing.
As a happy thought since my lung collapse my appetite is back & I’ve gained 6lbs in 3wks now up to 101lbs. I’m betting all these years that the VA wrote it as appetite disorder/weight lose the whole time it was my lung getting ready to blow. NiteWish
Glad this Veteran finally saw some sort of settlement but in my humble layman’s opinion, he should have got million$ not thousands and take that $$$$ right from the nonperformance bonus cookie jars.
If we cannot banish the AFGE from the VA, then the only other choice is to open the VA up to class action. personal, and malpractice lawsuits from *any* Veteran. The actual *threat* to their licenses and $$$ *might* make these bastards start operating with accountability.
Who am I fooling? Banish the fucking AFGE from the VA. It’s really the only thing that’s not been tried in cleaning-up the cesspool swamp. Discontinue ALL nonperformance bonuses. You have a gov’t. job…that’s a bonus in this economy as it is and if you need more, just *try* to go work for Mayo or Cleveland Clinic…not too many of these bags of walking cottage cheese could work anywhere BUT the VA. THAT says it all. Loafing Meat at the VA.
Now your talking Nam. Almost sounds like legislation waiting to be written…
Have another thumbs up
“No Loafing Meat Act” (NLMA).
The Va hires sub-par people who can’t get a job in the private medical field. I have seen it time and time again.
They denied negligence huh? Well that sort of settles it then, right?
Well if they did absolutely nothong wrong then then is either proof that the government will pay a cool half million for absolutely nothing OR it means they paid money to somebody that they had harmed. True the VA is legendary for paying HUGE sums for absolutely nothing in return as evidenced by the existance of the AFGE and the multiple path to bonus course that they steer, but it is rare indeed to learn of them doing the right thing and making people whole again.
The VA can take a veteran apart but gruesome history shows they fail horrifically at putting them back together again to make them whole.
I am gonna go take a VA shit now and deny that it was me who created that stink, but I guess I’ll turn the fan on anyway… I blame the turds.
“The VA can take a veteran apart but gruesome history shows they fail horrifically at putting them back together again to make them whole.”
Not even Humpty Dumpty will use the VA Deathcare.
Dennis, you are absolutely correct; Only when the penalty for gross negligence is gross punishment will the people who commit these acts be extremely more careful. WHY ARE WE ALLOWING THE DEPARTMENT OF JUSTICE TO DEFEND CRIMINALS??!!
Let me see if I read this right. They are denying that his heart failure is cutting his life short?!? That Vet deserves 55 million and the so called doctors should have their licenses revoked as well as the VA should be forced to pay his taxes and attorneys fees and that should be the MINIMUM that should be done. They should also place him on a heart transplant list.
Three important articles out from;
From: “Fox News | by Malia Zimmerman
Dated: 26 August 2017
“VA Facility Under Investigation for Rushed, Botched Radiology Scans”
Actually there’s three investigations. Concerning the VA medical facility in Marion, Illinois. It looks like it was done for bonuses!
From: “Military.com | by Richard Sisk
Dated: 25 August 2017
“Vets Benefits, Military Pay Would Likely Continue in Shutdown”
This issue is due to the looming government shutdown, because Congress doesn’t want to fund President Trump’s wall!
From: “Stars and Stripes” | by Nikki Wentling
Dated: 25 August 2017
“American Legion Adopts Resolution Supporting Medical Marijuana”
This was done during their Reno, Nv, Convention!
All three are great reads!
good article .[VA Facility Under Investigation for Rushed, Botched Radiology Scans]
I liked that article so much I sent it my VA doc, “secure messaging”…LOL
I have one of those production rejects, at my VA.
And don’t forget they CARE……F$$$ING TURDS
Four years ago, on 9/20/13, I had an “ultrasound of the abdominal aorta performed…”!
The radiologist, Rashmi Mediratta, M.D. who “verified the results”, said everything was fine, (paraphrasing)!
There’s two things majorly wrong with this diagnosis.
First, according to the technician who performed the “test” said; quote: “The machine was out of calibration…”! So, how can a VHA physician make such a claim?
Secondly, the DVD sent to me was so “cloudy” it’s hard to make out my heart!
Again, how can any physician give a proper diagnosis?
This “test”, which is “bogus” in my opinion, was performed at the New Lake Nona, VHA in Orlando, Fl.! The same VHA which is over budget and behind schedule for being completely open for business!
I believe these tests being done, in record time, is just a way for VHA employees to receive bonuses throughout America!
Lastly, until the union, AFGE, IS gone. We veterans are at the mercy of VA!
The VA Health care is so bogus and will not be improved until vets can go outside for treatment and get those costs paid. You CANNOT improve the BUREAUCRACY. The VA philosophy of the bureaucracy is so entrenched. Get rid of the bureaucracy.
Went into the VA this am at 6:30 for blood work & the only ‘person’ sitting in there was the American Legion in his white clean & pressed uniform full of metals.
I dare say the American Boy & Girl Scout Ribbons and Metals hold more validity than that American Legion Piggy VSO’s “outfit”. Too bad you did not have some pig’s blood handy in a bucket above where he was waiting, a bit like the prom stage scene in Stephen King’s “Carrie”.
Marching around in those stupid uniforms says it all. American Legion Members never served in combat; WHY DO THEY WEAR MEDALS, ARE YOU KIDDING ME?!
You too, can get your own collection of Piggy VSO Medals and Ribbons. How? Well, just pick-up a box of Piggy VSO Breakfast flakes at your local grocer and collect all the medals and collect them all. (uniform to contain cottage cheesehead is additional, not included)
Did u get his autograph…..LOL
You know what kind of a shit hole the VA is when not only is the whistleblower fired after blowing the whistle, but also how worthless federal oversight agencies and Congress are, and how much they contribute to the VA being a shit hole.
Hmm. He reports things to three federal agencies, 3 US Senators and 2 Representatives, yet the VA can get away with firing him? I can’t believe he reported to all of those all at the same time. Did he report to several over a long time because no action was taken?
And somehow the VA and any oversight agency think its a good idea to pay bonuses based on quotas?
Does anyone know that Veteran Medical Records can be missing and the other Veteran Medical Center has has them
“I doubt there will be much progress made”
How fitting, this statement is in all aspects VA. Years after we have all dropped dead the broken record:
“I doubt there will be much progress made”
will still be going round and round, like a bad twilight saga.
Like all things DC based:
“I doubt there will be much progress made”
Like the last administration:
“I doubt there will be much progress made”
Like the current administration:
“I doubt there will be much progress made”
Like any future administration:
“I doubt there will be much progress made”
Until you remove the AFGE, and imprison the corrupt VA managers, who operate with impunity, and full knowledge of the CORRUPT DIRECTORS:
To kill, harm, and neglect Veterans.
Deny, lie, and delay Veterans claims.
Defraud the taxpayers, steal medical equipment, steal Veterans comp checks.
Lie to families as to why a Veteran has died, while in the care of the incompetent VA.
Refuse to acknowledge medical issues of Veterans, related to exposure to chemicals, while fighting for the freedoms of those who work at the VA, that in turn, harm Veterans.
Neglect an entire class of Veteran, “those with severe mental issues” which drives many to suicide, yes dammit I said it, the damn VA is directly responsible for the suicide of Veterans.
Yes, until that happens:
“I DOUBT THAT THERE WILL BE MUCH PROGRESS MADE”
Well DOJ? Exactly what do you propose to do about this? Oh that is right, you plan to do as you always do, absolutely nothing, cause the VAOIG is “on the job” weeding out all those big scary corrupt asswipes righhhhhhhhhhhhhhht?
Yeah, we got the memo, “Go fuck yourself GI Joe/Jane, we have better things to do then worry about the lot of you. like you know, pay for sex change operations!!!!!!”
Well said, “cj”!
I ain’t got nothing to add. You pretty much said what needed to be said!
Does anyone know that one Veteran Medical Center has your Veteran Medical Center Records and other Veteran Medical Center can’t find them.
absolutely! They will just coast on and lie, lie, lie; Have seen it myself. Why is the U.S. Department of Justice DEFENDING crimes by the VA?? Same old sh_ t, different day, just like the 5 government attorneys who defend the VA when someone applies for disability.
I’ll say this the VA will denied my claim for over forty year’s, telling me that my official military records were distroyed in the saint louis fire in 1973.
40 year’s later and only after hiring an attorney did we find out the VA had them all along !
VA employees were caught distorting veterans records, some were found in the outside trash cans…
Some are being stored in a basement, just thrown about, boxes after boxes !..
If you applied for disability, your records may be where ever they are completing your claim or they could be sitting on the shelf and you were just told they can’t find them !.
The VA uses this tatic, so they can disprove veterans claims, what are the veterans to do when the VA tells them their record’s were lost or distroyed !
The veterans say to themselves, my official record’s are not at the VA what do i do, I can’t do anything. !
So the veterans give up, trying to obtain their deserved disabilities and the VA is counting on the veterans giving up !
The VA calls it’s, letting your claim lapse !
They do this in case you ever do win your disability claim, they the VA will not have to pay all of your deserved back pay !
It’s criminal ! But if no one is ever held accountable, they will continue to use this tatic.
After getting that Bullshit lie about the fire in St. Louis, I put on my Marine Veteran’s hat w/ the captain’s bars and went to the D.C. Regional head office and pounded on the counter and stated that I wanted to see my records RIGHT NOW! and that I knew that they were lying about my records being burned up in the St Louis Fire. Lo and behold they reached below the counter and pulled my records up without a “singe” on them, (although the “clerk” tried to sabotage my records by inserting them into another vet’s records); I told them, as a lawyer, that I knew that I could prefer criminal charges against them and the Director took me into his inner office and admitted “off the record” that vets’ records had been intentionally destroyed, intentionally misplaced, etc. and he “apologized” and said he was doing the best he could………..
In addition to firing these bad boys and bad girls, prosecute their dirty slimy asses;,,, It is sickening to see how they have treated vets. It makes me angry, and I have stood up for my share of my brothers against mistreatment but “the beat goes on”.
I hope that the next Vet who is severely mistreated and decides to commit suicide instead finds an M-6o Machine gun and takes out the proper Bureaucratic Boobs. (Hey, it won’t be me but I will salute them and say: “Desperate times require desperate measures”) Join the discussion
After I moved back to IN. The Roudebush VAMC refuses to include my Puget Sound VAMC medical records (10 years of medical records and evidence). So yes, another VAMC will not find them. They are there, the VAMC does not want to have to click the extra couple of times it takes to find them.
Not sure what you mean Leatherneck. Are you saying the VAMC that cannot find your medical records does not know they are at another medical center?
I ask because when I first went to the VA here in Grand Junction, they had access to some of my records, but not all of them. I contacted the Release of Information office at my last VA, and they were very helpful in not only providing me a complete copy, but in sending a copy to Grand Junction.
Yeah, the DOJ doesn’t even hold high-hopes for the engorged purple teams. They set the bar very low out the gate, which only encourages these bastards to do even less.
The DOJ doesn’t have a very high bar. It’s too bad the new VA Accountability law does not include the provision that when a malpractice case is won and there is an award paid, then the awards budget for that hospital and VISN should be reduced by the amount of the malpractice award.
That is a fine idea but in-practice what the VA would do in that scenario is simply payout the sum of $50. for any malpractice claim as to not cut into their nonperformance bonuses. Elegantly simple minds, the engorged purple teams.
@cj, truth, you nailed it, excellent comment.
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