Elderly Veteran Beating

VA Pays Paltry $215k In Beating Death Of Elderly Veteran

Elderly Veteran Beating

Benjamin KrauseIn the recent elderly veteran beating death of Charles Johnson, VA paid a paltry $215k to evade higher payout in a possible lawsuit. That lawsuit may have resulted in substantially higher payout for the killing and abuse of the elderly veteran allegedly killed by a VA nurse assistant.

Now could you imagine that? Your grandfather is abused and killed by an abusive and dysfunctional VA employee while in VA’s care and the agency only pays a pathetic $215k? Does such a small penalty really dissuade anyone in VA from killing a veteran? They payout comes from taxpayers, after all, and not from the guilty employee.

RELATED: VA Employee Beats Elderly Veteran To Death, Still Employed

In this kind of an instance, I would advocate use of the “eye for an eye” principal plus a substantial payout by the manager in charge who failed to resolve any warning signs. Sometimes I wonder if reverting to traditional penalties is the only way to dissuade VA from killing our grandfathers.

But really, who beats up on a 70-year old elderly man, anyway? What a criminal endeavor.

Over the past 10 years, VA has paid almost $1 billion in settlements to resolve medical malpractice claims since 2006.

My observation has been that most veterans fail to recognize their right to file claims impacting their own care, so imaging how much that amount should be? Even its team of 770 in-house attorneys was unable to reduce recent payouts that are increasing since 2014.

According to statistics published by The Daily Caller, VA has paid $871 million to resolve claims related to medical malpractice. But the relative payouts have increased substantially since the wait list scandal was outed. Since just 2014, VA has paid $230 million. All things remaining constant, VA med mal payouts may increase to over $2 billion by 2024.

When broken down, the average award is $200,000. The number of cases per year has increased from 332 to 541. Perhaps that increase is due in part to not just poor health care but also increased knowledge that veterans can file an administrative tort claim when harmed.

As a recent example, VA paid out $215,000 to the family of the veteran killed by the nursing assistant whose assault resulted in the veteran’s death.

When VA employees are not held accountable in a personal manner like most other Americans, does this not bread incredible risk for the American taxpayer?

Source: https://dailycaller.com/2015/12/17/va-has-paid-230m-in-medical-malpractice-settlements/

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  1. It’s a shame that va doesn’t take of our vets.the things about maggots is unbelievable. Some of va employees should be fired and locked up. if they did that to my father they should be accountable .215,000 no money for being careless. I wonder who,is going to be ahead of va under trumps watch.

  2. What does not make sense with this case is:

    1. Since there’s apparently still a Federal Case against this thug where the State of Louisiana has charges pending court at start of 2016, why would the VA even pay out ANYTHING *before* that case is resolved?
    1a) Will it surprise anyone if the State’s case is magically dropped because of this rather FAST paltry payout by the VA?
    1b) Has anyone seen the VA payout anything this quickly? (leads to #2)

    2. Does the VA/AFGE Union have some “jacked version” of ‘Double Jeopardy’ in which they paid out this paltry amount as a “chess move” to prevent ANY ADDITIONAL “damages” as well as leaving any, if any “punishment” entirely up to the internal VA? (we ARE talking about an agency that literally makes shit up)

    3. Why is the VA protecting this killer? Would he not be a HUGE walking/breathing liability to and for them going forward?
    3a). Is the AFGE Union fleet of attorneys going to be representing this thug and the VHA in case the State apparently has going forward?

    4. Could other Veterans file law suits against the VA for placing them in danger by putting this thug back to work where he was exactly before?

    5. By paying this family this paltry amount, does that prevent the VA from having to pay out any further damages related to #2 above?

    6. Did the VA even pay for this Veteran’s ENTIRE FUNERAL? (NOT just a tiny round cement “marker” as they typically do?

    7. Correct me if wrong, but with the VA even paying ANY amount to the family, doe this not form an “admission of guilt”, or is the VA gong to try to say THAT $$$ was for funeral services, NOT as punishment for any wrongdoing?

    This case has raised more questions than provided answers. It’s also enraged many Veterans and American Taxpayers.

    It also brought out the Trolls and Trollets in droves. (“Trollet” sounds too much like “toilet”, but still germane I guess)

    1. The payout is a civil matter and the charges are criminal. One would have nothing to do with the other.

      But then, that brings questions. Why is it up to the state to initiate any charges? Why is the VA allowed to investigate a crime resulting in death, then clear themselves? The VA is very quick to claim their hospital is a federal facility when it comes to giving the finger to state regulatory entities, and states often allow themselves to be walked on. I believe the VA often threatens federal charges, why not in this instance?
      Why is there not an outside federal law enforcement agency investigating this? Given the thoroughly corrupt nature of many hospitals, I would not trust their Barney Fife police department to investigate themselves. How many VA police are tarnished with their own corruption so they will look the other way?
      The FBI, US Marshals or other outside federal law enforcement entity should be investigating this. After all, it is a federal reservation as the VA likes to claim. Other agencies should be investigating the veteran being deprived of his civil rights. None of that is happening, so instead, the state is stepping up, as other states should.
      …which may be for the best in the end. The state would likely be much more thorough and neutral in their investigation, and this thug will likely be convicted. Even if the VA investigated more thoroughly and brought harsher charges, it is likely those buffoons would find some way to screw it up such that the thug would get off.
      We have seen the VA screw these cases up repeatedly such as with those two bimbos and travel pay and with Helman.
      Ultimately, it would go a long way towards cleaning up the VA if the District Attorney investigating this also looked into why the VA closed their investigation, then pushed for prosecution if they found evidence of a cover-up.
      Final questions. Why are there so many VA employees on paid administrative leave, yet this guy was allowed to go back to work? Granted the VA cleared him, but the state is now pursuing charges. Why not put him on leave?

      1. With one being Civil and other Federal, is exactly why it raised so many questions because the longer I placed things in neat columns on paper after my brain could not handle it any longer, even the two columns started to become “three” with that “third column” being the rather solid blurred gray matter in the middle, making this case even more confusing.
        Your last paragraph jus made that third column an even more solid shade of gray because it’s almost like the VA is acting like a defiant child by keeping the thug employee working around the same dept. and veterans and I FIRMLY believe this is the VA playing a BIG game in trying to show he does not provide ANY threat to ANY Veteran or other A Employee….see, we put him right back.
        However, do you not find it odd and questionable that this thug required some “time off after killing this 70 yr old Veteran” in order to “**recover** from what he went through”?
        Why not on paid leave with all the other VA Minions?

        Do you remember, the VA was actually calling into question what “Blunt force trauma resulting in death” meant, according to the VA? I think the VA simply redefined it the way it benefits the VA…pretty scary, considering now the Disruption Committees can be even more wreckless then depending on what the coroner says, redefine as needed, and bake at 350 with a box of legal VA Flakes for 45 billable legal fee hours until set the serve cold beside revenge.

        This soufflé wreaks of brown matter.

      2. What this tells me is the VA has arrogantly stomped on authorities anywhere with their exemptions from oversight by any state boards, and even within the VA. They insist on being exempt. They cannot investigate themselves and refuse to comply if others suggest they are investigating without being forced to do so. It’s scary to think of how bad the VA has gotten when you really think of this issue alone. The outcomes are rather drastically different. I suspect he got the time off as a standard period given to anyone who claims they were injured at work. It would look to me that the VA investigated, immediately decided it was either a veteran who started the fight or at least equal, and took the side of this thug claiming self defense. Problem is, witnesses say he was hitting the vet. If the veteran were combative for any reason, you would think it would be documented in his records, and the VA would have policies for dealing with him. They certainly have no problem listing other veterans as disruptive, why not this one, and why wasn’t a police escort with him like they require for others.
        It was the coroner who insisted this be investigated. That makes me wonder if there are state laws requiring mandatory reporting of something like this for private medical providers.
        Any veteran injury like this should require mandatory reporting and an independent entity investigating. The VA has shown they cannot do so, and obviously roll over immediately for the union.
        I’m curious how many of those witnesses have been intimidated into not remembering anything.

      3. Or, the employee union rolls over for the VA…it’s a tight codependency resulting in sociopathic behavior.

        I am now wondering if this employee thug has any other violent tendency or outbreaks in his work or otherwise background? Is he too, a Veteran? This guy sounds like a male version of ‘nurse ratchet’ (with a hatchet).
        Is this why the State of LA is pursuing this, because of priors? Probation?

        Surely, in the civilian medical assistant world this would place such a blot on one’s record that NO ONE would wish to employ, let alone continue in any capacity.

        I really want to know much more. Is the VA clearing this thug because they claim it was in self-defense?

  3. The VA owes this family bigtime. I have never, I don’t think at this point in my senior citizen status, read anything as outrageous as this. Someone must have gotten to the family before they were able to retain a lawyer and flatly lied to them or put the fear of God into them. At the very least, the employee and the manager should go to jail for a very, very long time for negligent homicide,. conspiracy after the fact of obstruction of justice and misprision of a felony. The reason I include the manager is twofold: 1. The hand of one is the hand of all doctrine, which Federal law specifically recognizes, and his case seems to be designed for; and 2. because the manager is an asshole for tolerating this guy and his wicked temper to continue to work there as long as he did. This has to be very near an all time low, even for the VA. And that is saying something.

    1. Does anyone know if charges have been filed by they district attorney. Even if the family decides not to press charges.don’t know but if there is a domestic on someone.it can’t being dismissed and murder should be the same way.

      Surgeon general needs to put a warning on every VA center. Entering this facility maybe hazardous to your life.not responsible for accidents.your on your own!!!!

      1. @James.
        From what I’ve read, he’s been charged with some kind of a manslaughter charge. He’s supposed be be goingcto trial sometime early next year.
        That’s all I know.

  4. Hello Ben and congratulations for taking this to light!
    This is another sickening story of how this Administration (and this Country in general the last several years-over 50) is dealing with its Veterans!
    I guess Abraham Lincoln’s Grave will be shaking! (“Condemned will be the Nation who doesn’t care for Its War Veterans and their Orphans”)
    Sad! Very Sad!
    MSG M

    1. Welcome.yes Ben is doing the veteran a very important service. John f.Kennedy.not ask what your country can do for you.but what can you do for your country.

      Kennedy’s words meant something then and Americans need to hear it Again.not from but from our leaders. But mean it.our leaders seem to be thinking the other way.

      What can my country do for me and the hell with everyone else. If out elected officials don’t stop thinking this way.they will run this country into the ground.

      The only way to change the VA.is to get rid of all higher and midlevel manager’s and start over.

      Employees would take pride in their work.if they knew they matter and not be threatened to do as I say by higher management.

      Those who think they are above God and our laws must be held accountable and jail time given for their misdeeds against veterans and humanity.

  5. The bigger question I have is how can VA investigators close their investigation into this thug saying they found nothing wrong, then say there was something done wrong to justify this payout?

    I believe the family deserves a lot more, but how can the VA have it both ways?

    1. The VA “redefines” the word “Logic”.
      They “redefine” the word “Reason”!
      They “redefine” the legal definition of “Assault and Battery w/death”!
      Anymore questions?

      1. P.S. you remember, just like when Gibson tried to “redefine” the word “accountability” to the Congressional Veterans Committee a few short weeks ago. And no one on here fell for his diatribe!

  6. To all of you who think I support the killer–I didn’t even comment on the story because I was distracted by the comments! AS FOR THE STORY I can’t believe this guy is even free to walk the streets. I was wondering how he could kill someone and not be in jail somewhere much less back at work. What he did was evil–no matter the race of the victim or perpetrator. Obviously, this guy is in the wrong line of work. I think the family settled so quickly out of greed. I hear the story of homeless vets and vets whose families don’t give a damn about them on a daily basis. I believe things like this are allowed to happen because the families aren’t keeping an eye on their loved ones care like they should.

    1. A Troll is One who purposely and deliberately (that purpose usually being self-amusement) starts an argument in a manner which attacks others on a forum without in any way listening to the arguments proposed by his or her peers. He will spark of such an argument via the use of ad hominem attacks (i.e. ‘you’re nothing but a fanboy’ is a popular phrase) with no substance or relevence to back them up as well as straw man arguments, which he uses to simply avoid addressing the essence of the issue.

      Shawn you surely fit the definition of a troll why don’t you head on back to one of your VA fanclub sites, no one here wants to hear from you.


      1. Also just want to warn everyone if you feed a troll with a comment they can not help themselves and just keep coming back.

        Please do not feed this troll.

      2. If I am such a troll why do you keep commenting on my post? Didn’t you advise to not feed the troll. You are the one acting like a troll. Btw, nothing any of you racist folks say about me bothers me. I expect that of racists.

    2. I believe that veterans that are homeless are people who are lost.

      For years veterans come home after seeing things that effect their mental health and are not getting the treatment and or they don’t want to be a burden to their family.

      Some don’t have family.Some were given drugs through the department of Veterans Affairs and then the medication taken away.

      When this happens they self medicate with street drugs and then they are labeled.

      Many veterans with ptsd.in order to get treated must tell the VA.that they are sucidal or homicidal in order to be admitted.if they don’t it’s back to the street’s.

      Family can only do so much.were not professional care givers and not trained in mental health.

      The VA is trained.but to many times they treat the veteran as a drug seeker. Even if the veteran us on drugs.they VA should not punish them.they should treat them.

      I’m a father.who has a daughter who’s boy friend got her hooked on street drugs. She has 4 children.social services was involved and came to our house and told my wife and I and my daughter.that they were going to help.

      Promise to get her and the kids help.an apartment.food and mental health.this went on for a long time.

      When the family asked social services when they were going to help.the social services department.had their attorney write the family”A Letter stating you are hearby ordered to cease from contacting social services anymore.

      The family tried to get help.but were told to quit contacting the very people who are paid to help.Just like the VA is their to help.

      My grandchildren have been placed with other family members and my daughter is homeless.

      Those street drugs have changed my daughter from a wonderful mother to a person.we don’t know and the drugs run her life and unstable.and unable to stay with family.

      So famlies try to help.But the very people who get paid to help Just throw them away in stead of doing their jobs.

      Its pretty easy to blame the veteran. When the VA throws them away. Why don’t they just do their job.

      A family hurting and heart broke.from failure of government employees.

      Get real!

      1. Sorry to hear about your daughter and all your family is going thru. Let’s be clear– I don’t blame the veterans AT ALL. I know the homeless vets probably have no one, or don’t want to be a burden to family members and have God knows what types of issues. As for family members there are cases where there are those who throw their loved ones to the VA and wait for them to die because they don’t want to or know how to deal with their loved ones. Bottom line, VA is jacked up, the government is jacked up, and it’s a shame how our vets are being treated. However, I don’t blame ALL government and VA workers because I know there are some who actually care about the vets and do their jobs. I guess there’s just not enough of those types.

      2. Everyone knows there are good employees.but management is out of control and have the God syndrome.

        Employees are not happy when you have a bunch of little Hitler’s running the show.

        Employees need to know hard work will get them promoted.there is to much favoritism and family and friend promotions and if other employees complain about it.they are retaliated against or passed up when they are highly qualified.

        The bonuses are a major problem.when they give it out Like candy. Many should get jail time.not a bonus.

      3. Your comment about the VA looking at the vet as a drug seeker is so true.

        I was recently diagnosed with fibromyalgia. I told the doctor I can’t take nsaids as they rip up my stomach (I had to even stop taking a daily baby aspirin). The first words out of her mouth were, I won’t prescribe a narcotic. I told her I was not there to shop for meds and that I am not taking anything else. I said what am I supposed to do. She told me she would prescribe tramadol. Even though that is not a narcotic it is still a class I drug. She said she would call me back that night and tell me what she was also going to prescribe (she was also going to prescribe Cymbalta or something else which treats fibromyalgia but is also an anti-depressant, but wanted to check with my VA shrink)

        The first words out of her mouth when she called me were, I checked the pharmacy registry in the state and you are right, you have no prescriptions for class I drugs. I almost told her to take her meds and shove them where the sun doesn’t shine. Guilty until proven innocent. I am supposed to trust her, but she isn’t supposed to trust me is my take away

        I made an appointment with my relative’s private doctor and don’t care if I have to pay for my meds. Just one more reason to despise the VA.

      4. Yup they do that.sorry you had to see it first hand.glad you didn’t shove it where the Sun don’t shine.

        Don’t be like them and dirty your hands.

  7. @all brothers and sisters.

    While surfing Facebook this a.m. I came across a Judge wanting the U.S. Marshals & FBI to arrest all members of Congress, the Senate and Obamy for doing illegal acts against the citizens OF the United States of America.
    She’s a Superior Judge from Alaska.
    To Google the (long) article, just type in;
    “Alaska Judge demands Federal Marshals and FBI agencies to arrest President Obama!”

    The article should come up.
    I also sent this to Ben. I wanted his opinion.

    1. P.S.
      I forgot, the “letter” from the judge was sent to the Marshals and FBI on 28 Nov. 2015.
      This is a fairly new article.

    2. Crazy Elf, after what the congress and senate did this pass week, passing the 1.1 trillion dollar bill to fund things that are not even legal, they should all be arrested. some of the things in the bill that they passed to fund were not even legal laws. They passed it and then left town.

  8. I am appalled at the comments I just read in this post. Benjamin either you don’t monitor your site or you’re in agreement with the undercover racist remarks being made. As informative–although mostly negative–as your site is I will not be coming here anymore. I’ve noticed the slick remarks in the past but it is becoming more and more blatant.

    1. So…the 800 LB elephant in the room is: If that had been a VA employee of an entirely different racial background and had killed an African American Veteran…you would still be okay with this travesty? Highly doubt that would be the case!!! Rioting would have ensued.
      Political Correctness is KILLING these United States.

      Veteran Lives Matter, Too…whether you like it or not.

      1. Whether this KILLER of a 70 year old Veteran was purple, polka-dot, striped, green…whatever…it’s entirely unacceptable that he not only got away with it (admission of guilt was paying the paltry amount to family of dead Vet by the VA)…if you, Shawn Gadson are okay with this employee still working around medically helpless Vets where he can easily kill again, then you are indeed PART of the problem.
        You are more concerned about your definition of racism but no outcry over what this thuglet got away with?
        PL-L-L-ease!!!!! HOW are we supposed to be OKAY with this? Sounds like you are fine with it. Sad.

    2. A Troll is One who purposely and deliberately (that purpose usually being self-amusement) starts an argument in a manner which attacks others on a forum without in any way listening to the arguments proposed by his or her peers. He will spark of such an argument via the use of ad hominem attacks (i.e. ‘you’re nothing but a fanboy’ is a popular phrase) with no substance or relevence to back them up as well as straw man arguments, which he uses to simply avoid addressing the essence of the issue.

      Shawn you surely fit the definition of a troll why don’t you head on back to one of your VA fanclub sites, no one here wants to hear from you.

      1. Also just want to warn everyone if you feed a troll with a comment they can not help themselves and just keep coming back.

        Please do not feed this troll.

  9. I used to go to this same VA medical center but quit and started going to a different VA a couple of years before this incident happened. Let me tell you though, the administration at this VA doesn’t give a hang about any veterans and I’m more than positive that the AFGE union got this scumbag hired back on there again….You would think that just out of common sense the VA wouldn’t want to risk the public exposure it would get from re-hiring this POS and putting him back with patients again. Maybe they’re thinking he may kill more patients and decrease their workload and save the VA some money….What about the State of Louisiana? Didn’t they file some charges on Harris?

  10. Did the VA “redefine” what ‘blunt force trauma’ means in order to keep an employee onboard that’s a ticking nerve ready to go off potentially again around another Veteran?

    Who or what in their right mind beats up a 70 year old? This truly sickens me. Not a peep on mainstream stews.

  11. I am wondering if today’s mug shot/thug-shot “Bad VA Art” could somehow become laminated onto the inner porcelain bowl of my toilet??? That would make me feel a little better knowing each day he would have more $hit on his face!!! 🙂

    1. @namnibor
      Hey brother, did you know you had a Muslim Congressman in Indiana? His name is Andre Carson (D-Ind).
      Maybe that’s why y’all can’t get anything done in that state?

      1. Well, I guess I will now have to make those porcelain bowl laminates into coin-size cameos to make room for all the turds in the punch bowl (grandpa used to say that)
        Oh…I grew-up a Hoosier, but been a ‘Buckeye’ for a while now. Two and half hours drive from family is always a good rule of thumb for me.

  12. @namnibor, again you hit the nail on the head. I too see no advantage in ruffling feathers until Mr Trump gets into the White House.

  13. Should be a minimal payout in these circumstances, bunch of Lawyers having lunch and discussing how they saved a large payout. The man’s family is not being paid enough. I would say at least $500,000 in a case like this. Hopefully they invest and stretch it out. Shame.

  14. Mr. Benjamin Krause and Fellow Veterans,
    I do agree whole heartedly another terribly wrong at Veterans Hospital.. With this story and I do have several issues I went thru as a Service Connected Veteran and past V.A. Employee.. I actually quit V.A. Over personal lawsuit and many faults at V.A. 2-years ago..
    Personally however to Constantly post negative issues will not fully change V.A. Sure there are many Bad employees that should be fired and held accountable..
    In contrast, to hear a couple good stories?
    There are still good Docotrs and Staff that do care about Veterans and many that are Veterans that work at Veterans Hospitals across the country. I do appreciate Your hard work Ben K. To seek out the terrible misuse of tax payers and Veteran funds and justice for those wronged. Just my personal view I still go to VA and do have good Doctors I see despite the issues going on.

    1. Way too many contradictions in what you just wrote there. You quit the VA…(assuming you meant you quit working AT the VA), and this was over some law suit, but yet you still use the VA and you say they are farting rainbows out their asses?

      Then you are defending VA employees in spite of a VA KILLER that killed one of OUR OWN, and is still working around medically helpless Veterans at that same VA. You cannot wrap this TURD in gold plating and make it seem any better in any which way or form. Sorry, this sight calls out the nefarious deeds of the VA against Vets. No farting rainbows generally found here….however, you can read all the VA farting rainbows stories at ANY of the major VSO websites each and every day…doubt they even helped this family with the Vet’s burial…but I BET this KILLER THUGLET will receive a FAT BONUS.

      I think I may be smelling VA Troll in the air. Yes, it’s a strong VA Troll scent.

  15. Veterans lives matter toooo who.if they matter why are we not assembling on Washington and soon.

    Black lives matter.did not just sit.they took action and action is needed here.

    Don’t you agree ?

    1. Black Lives Matter just happen to be a “protected class of citizens” and defended by the very DOJ.
      We Veterans have NO SUCH “protection as a citizen let alone as a Veteran”. I truly believe it would take a number of Black Veterans saying they have been “disrespected by the VA” with the NAACP backing and protecting them…even if they DO loot and burn things down, as Black Lives Matter has.
      THAT is not the way of majority of Veterans. We DO have much more instilled respect and dignity to act as those animals continue to do so…and THEY get payouts to families in the MILLIONS…even if both parents happen to be active drug dealers and crack heads.
      That is the chasm of difference between these situations: We Veterans are NOT offered FULL PROTECTIONS UNDER THE LAW, quite the contrary.

      So no, I would NOT equate we Veterans with Black Lives Matter in any way. Those they defend were all indeed criminals in midst of doing what they do AND REFUSED to obey police orders.
      Huge difference in my opinion. What do I know though?!

      1. What I was implying is: If we veterans were to “act-out” in the same civil disobedient way, the VA would surely exploit that and vilify we Veterans as a “Public Liability”…more so than they already try.
        I truly do not think we have a chance marching on D.C. under Obama. He just announced today that he was focusing rest of his ‘Term’ on “civil injustices’, referring to ‘Freddy Grays of USA’, not one iota about Veterans and the VA.
        He also, along with Speaker Ryan, put together a massive spending bill that indeed ALLOWS Syrian Refugees, 10,000 then another 90,000…free meals and homes for non-Americans while there’s veteran homelessness.
        Unacceptable. Total fail. I fully expect to see Obama have his DOJ defend Deserter Bergdahl….as in defending what he did…just wait for it.

      2. @namnibor, again you hit the nail on the head. I believe we shouldn’t ruffle feathers. At least not until Mr Trump gets into the White House.
        Then let’s ruffle those feathers against the “pussies” which, if still in, are not fullfilling their obligatory “Oaths of Office”!
        Remember that “Oath” which “binds everyone legally” which we all took. They also took that same Oath. How many have broken it?

  16. To me tort claims are a joke for the average veteran. The veteran files a claim with the VA and what the veteran gets is a denial letter on every case.

    If the veteran does not have an attorney.they walk all over the veteran.

    I had 2 doctors hurt me.filed claims Denial letter right away.unable to find anyone to help.

    With a brain injury.I’m no match and don’t have the knowledge to fight back.

    They do the same thing with veterans disability claims and the veteran never has a chance against them without legal representation.

    They just don’t care about us period.

    1. James, you are right about the tort claims. I had never even heard of it, until 2011, when I had to go to the emergency room, because a doctor at my CBOC, messed up on my medicine, which caused me to have to go to the ER. The VA of course denied that claim, and told me to file a tort claim, which I did, and then I got a letter from them, saying, that I could not file a tort claim, because the doctor I saw didn’t work for them, that he was contracted. I have gone to the VA for 40 years, and never knew that, some of their doctors, are contracted.

      1. There are many VA doctors and nurses and likely other providers that are contractors for the VA. If you look up their license to practice, they are often designated as affiliates of a VA.

      2. 91Veteran, I have just now seen your reply to my comment. I hope you had a blessed Christmas. My problem was just that this doctor that messed up was contracted, I do not have a problem with, them contracting, but I do have a problem with the VA not informing me before I see him, that he was not employed by the VA. Because that will take away your right to file a claim against the VA.
        I have been going to the VA for 40 years, and it would never have occurred to me that when this doctor came in that he didn’t work for them. The doctor that came in and saw me, was not the regular doctor that I had been seeing, I had no reason to ask this doctor if he worked for the VA, because until this happened, I had automatically just assumed that all these years the doctors that I saw worked for the VA. Live and learn. The problem was, I only saw him 2 times. Once in March and once in April of 2011. Then he was gone. That is how I found out he was contracted. When they denied payment for the E.R. bill, and I filed the torte claim, they told me, here is his insurance company, good luck with that one. Had I known this when I saw him, I would have requested a VA doctor. The doctor I have now is employed by the VA.

      3. They all do what they want.they are not there for the veterans at all.

        They will lye and lye. Veterans are their enemy.the VA needs to go and veterans need choice.

        I worked for the VA for almost 24 years and am how embraced to even say I did.after seeing what’s Bern going on.

        There see employees that see veterans and care about their jobs. And these wrotten apples.make it all for not.

        With everything that’s going on they should arrest our elected officials on treason.they have turned their backs on the veterans and the American people.

        Nothing is going to change until the real department of justice steps in and the American people go In mass to Washington and demand our civil and constitutional rights to be adheared to.not later but now.

        What are people getting so mad.because they can see with their own eyes the injustice going on in this country And being destroyed by our own leaders. Who seem not to care as long as they can make a deal so they can live comfortable after they leave office.

  17. I am 68, so this gentleman who was killed by this worthless POS is really close to my age. His family was probably poorly represented – Maybe, they weren’t represented at all? Possibly the family was in dire straights and couldn’t afford a long drawn out process? That is something worth knowing. Whatever the case, $215,000 is a paltry sum for a veteran’s death which was caused by the willful act of an agent of the government. Hell, Baltimore paid over $6 million to Freddie Gray’s family, a known criminal, drug addict and police informer. His alleged abusers are already on trial. If any one in this country should be yelling at the top of their lungs, “No Justice, No Peace”, it should be us veterans.

  18. The important law to remember is the State Actor Doctrine. The showing of harm is critical in filing tort or malpractice claims. But when the matter is ultravires conduct, it does not waive sovereign immunity in the correct jurisdiction. So when the VA seizes your medical record under the pretense of disruptive behavior, they are going to have to answer to the Equal Protection under the law of the 14th Amendment. Getting into court and making the magistrates in every state aware of these schemes are crucial in the election cycle.

  19. $215K to a family who’s loved one was “beat to death by a VA employee!”
    No wonder, as namnibor points out, employees feel they can get away with murder. They can. Unless we veterans and taxpayers make some kind of stink over this. These “acts” WILL continue. And the VA will continue to cover up these acts against humanity!
    Some on here have suggested a march on Washington. Some a “demonstration” of some sort within each state. Some have gone so far as to say, do outright violent acts against VA like something BLM does!
    I don’t know what will work. I do know one thing though. America IS finally waking up to the mess our Washington (alleged) Leaders have brought against us! It reminds me of what the Japanese said after they bombed Pearl Harbor. You know, the “Sleeping Giant”!
    I believe all that needs to take place is an “incident” as to what happened on Sept. 11, 2001 AGAIN! Where hundreds of innocent civilians will be murdered.

    Brothers and sisters, yesterday while I was “surfing” Facebook, it seems some, but not many, are aware of these egregious acts committed by VA against veterans. Yet, there is more of an outcry to hold our elected and appointed officials accountable in Washington over ALL the horrendous activities they are committing. The most egregious one is their refusal to abide by their “Oaths of Office”!
    The new Budget is now standing at over $1.2 TRILLION. Included in it are the following;
    a.) Resettlement of tens of thousands of Syrian refugees.
    b.) Monies for the illegal aliens coming across our southern boarders. California just passed a law allowing illegal aliens to vote.
    c.) Monies to the “Sanctuary Cities”.

    These were just a few of the “items” Paul Ryan, Congress, the Senate and Obamy has laid out to screw the American taxpayers.
    The “call for impeaching Obama” has now made a turn to getting him arrested for “Failing to Protect Americans”, because he’s violating Constitutional, Civil and Criminal Laws of his office”! The most recent being the “immigration and naturalization law” passed into law in 1952!
    There are numerous articles coming out concerning his and Hillary’s, while Sec. of State, “supplying weaponry and monies to ISIS!” It looks like these “documents” were found in Hillary’s emails. There’s a few more things found in her emails which sheds light on her using her office to “fatten up her foudations war chest”.

    As I’ve said, the Director of the FBI, Mr. Cumey has turned his back on the White House. As has Gen. Abrams. As has many others, in recent months, because they’ve come to realize the wrongs which are being committed against Americans.
    Gen. Abrams, because he made the decision to put Burgdahl on trial, stated yesterday, or the day before, quote; “I quess my career is over!” Referencing what happens to people when they oppose the White House.

    So, as y’all can see. We do have a recourse. It’s called the “Laws of the Land”! The only thing standing in our way, in my humble opinion, is getting our act together and getting someone to help us!

    1. My wife just reminded me. Travon Martin’s family received $1 Million. And his family members aren’t any better than that family is.

  20. OT but not really, today on The Daily Caller, the VA announced reform plan for Tomah, VAMC but it’s only about the employees and extras from their union and barely…barely mentions “Veterans” at ALL. Read this at this link just add the prefix to make it work:

  21. …and may we assume the VA continues to employ this thuglet killer at that VAMC?

    I am betting that the VA has their legal team thugs talk to such “victim’s families” and make it sound like a “Take the $2K NOW because you will lose and get NOTHING if you sue…”, or something along those lines, making families feel as if they are “lucky” in receiving this paltry amount….when in the “real world”, that woul have quite possibly been the % an attorney or law firm would get from the “awarded amount”, meaning this family should have received: NO LESS that a Million $, and definitely more; and “an eye for an eye guarantee” that this thuglet will NEVER be employed around patients again let alone ANY Veteran AND do this by incarcerating this thuglet!!!!!!!!!!!!!

    Although not advocating this, but am hoping that IF the VA continues to employ this thuglet, that someone takes “swift justice” and feed him to the alligators in swamps down there.

    This $215,000. is nothing BUT a VA employee or two’s bonus OR a BAD VA Dr.’s income while on TWO YEARS PAID LEAVE from the VA as in yesterday’s Dr. Deering from Phoenix VAMC….right?

    I wonder how the VA strong-arms families and intimidates them into settling? WHY has this thuglet VA killer case NOT been all over Main Stream News? If it were, the VA Spin Machine would pay 5x this amount in airwaves damage control.

    VETERAN LIVES MATTER, TOO!!!!!!!!!!!!!!

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