Judge Puts Screws To VA With $725K Malpractice Award

Malpractice Award

Benjamin KrauseVeteran Walter Hoover just won a $725K malpractice award against his surgeon who left him disabled with partial paralysis when he misplaced screws into the veteran’s spine.

The botched surgery left Hoover with paralysis of his quadriceps. The impact was primarily on his left side with numbness and a lot of pain. His wife was awarded $25,000 in for loss of consortium with her husband because of the injuries impact on her and on his marriage.

Here is the how the story unfolded:

Hoover and his wife, Vivian, first filed a claim with the Department of Veterans Affairs in North Little Rock and demanded $5 million in damages. The claim was denied.

“Our investigation did not disclose any negligent acts or omissions by employees of the Department of Veterans Affairs acting within the scope of their employment,” VA Regional Counsel Tammy Kennedy wrote in a 2010 letter.

The Hoovers took the case to federal court, and Judge Moody found otherwise.

“Dr. Jeffrey Oppenheimer placed the screw in a manner which damaged and injured Mr. Hoover’s L-3 nerve root,” Moody wrote. “Dr. Oppenheimer’s negligent misplacement of the screw caused” Mr. Hoover’s permanent injury.

Read More: https://www.arkansasbusiness.com/article/101305/judge-awards-725k-turns-screw-on-va-in-malpractice-lawsuit

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  1. I concur, the article has nothing to do with the President. People are just stupid, and wants to heard. Guaranteed, these are the white audience saying dumb crap. I can not wait until the wrath occurs, so devils be prepared.

  2. I am sick and fucking tired of people blaming the President for stupid shit. He created Ebola while staying in the united states. Many of you people need to take long hard look at yourself, and ask yourself if your are somewhat smart or just plain stupid. It makes nonsense for the devils to keep blaming the President for dumb stupid shit. Grow the fuck up people. Some of these posts are just plain out insane. Omg, grow up people.

    1. EBOLA Is a Black man’s CURSE get use to it! and yes it is OBUMMA’S fault that it’s even in the UNITED STATES! I see you are still Praying to a WHITE GOD! what’s up with that!

  3. Dead Link on Top 4 strategies for Voc Rehab Counselor Ignores you or refuses to pay your bill!!!!!!!!!!!!!

  4. Some moron was paid more than $725K in an out of court settlement for spilling “hot” coffee in his lap because he was just barely smart enough to find a scumbag lawyer with a sick set of moral standards. The monetary amount is a pittance for the use of one’s bodily functions. I’m personally disgusted by the amount awarded to this guy. Say what you will about “greed” but I’d bet this guy would rather be able to use his parts instead of having money he may not be able to use for much anyway.

  5. When are veterans going to realize that Obama is ANTI-VETERAN? While we wait for medical appointments at the VA, Obama is right now in the process of formulating an executive plan to admit tens of thousands of foreigners infected with ebola into America to take care of them at tax-payer expense! I wouldn’t be surprised if Obama prioritizes VA hospitals and clinics for these ebola infected foreigners. This is not right. Our President is choosing to give immediate care to ebola infected foreigners, while hundreds of veterans die each day waiting for medical care. https://www.washingtonexaminer.com/watchdog-obama-to-bring-non-american-ebola-victims-to-u.s.-for-treatment/article/2554956

    1. I totally agree that this is not right and he should have implemented a travel band weeks ago. We have already witnessed the self-serving human behavior of each of these new American Ebola patients and a President that will not listen to Congress’s talk about a travel band…instead he wants to open the gates and place us ALL in harm’s way.

      Who’s to say that the terrorists will not or have not used Ebola as the next suicide type vest? I am SO over this President that Homer Simpson would be a welcome change in that position. The recent YouTube post of the First Lady doing some rap/hip-hop with a turnip in-hand was so “low-rent” and unbecoming for the integrity of that office….AghhhhhZZ!

      Glad that Veteran won his case, even at a lessor amount than originally sought. But the way that works is if he had only sued for say 1 Million$, then he would have probably only been awarded $20,000. and the attorney’s take 1/3 of that…crazy world that’s not exactly great for my PTSD.

    2. Johnny O, Obama is the new “Pol Pot!” Read what BO said when he first ran for ‘dent…the part about wearing an American Flag lapel pin…

    3. What the heck does Obama have to do with the subject of this article? Nothing. It is not unusual in any claim for a decision to go against the plaintiff and won on appeal. The 5 million dollars sought was unreachable. Amounts awarded are mostly governed by what previous similar losses were awarded. You can bitch about how it s not enough all you want instead of acknowledging that in this country we DO have recourse to sue. Obama has zero to do with how the VA operates so try to address the article Iinstead of your personal unrelated political issues. I say this knowing it will be met with indignance. Oh well. I prefer learning about the stated issues and contributing to the conversation instead of wading through well meaning but sidetracked comments.

  6. This is not that unusual. The VA will never admit wrongdoing internally. The only way to make the VA accountable is to appeal these ridiculous, self-serving decisions to other venues with authority over the VA

    I finally got word this week that an appeal I filed back in June of 2012 has been received at BVA. My lawyer has told me all along that we would win at this level — but not until my claim made it out of the RO that rendered the decision.

    It’s a shame that these things take this long, but that’s the nature of a bureaucracy. It’s top priorities are self-preservation, self-protection, and growth. I’m just glad this veteran got something — even if it’s only 15% of what he deserved.

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