WSB-TV 2 Database lists out VA Death Claims

VA Death Claims Last Monday Morning Quarterback for Veterans (MMQB), I published about the Daily News’ database listing of death claims against VA. The news agency, WSB-TV 2, received data from VA from 2002-2013 through a Freedom of Information Act request. The data listed the payouts from VA for tort claims that resulted in death and related harms. According to the Daily News, 1,194 veteran deaths are linked to delays in health care delivery. The database lists the amount of the payouts by each VA facility. It also lists to type of negligence claimed in the tort. Here is the result of my nationwide search for payouts from “Failure to Perform Procedure.”

(Do your own search here:


Failure to Perform Procedure Nationwide Search


Facilities Date received Alleged fatal error Settlement amount Court-ordered payment amount
Fayetteville NC VAMC 2/22/01 Delay In Treatment; Failure To Perform Procedure; Lack Of Communication Between Providers; Failure To Diagnose (i.e., Concluding That Patient Has No Disease or Condit $65,000.00
Danville IL VAMC 6/22/01 Failure To Treat; Failure To Perform Procedure $493,297.52
Brooklyn NY VAMC 10/31/01 Failure To Perform Procedure; Failure To Diagnose (i.e., Concluding That Patient Has No Disease or Condit $300,000.00
Albuquerque NM VAMC 11/5/01 Allegation – Not Otherwise Classified, Specify; Failure To Perform Procedure $7,500.00
Atlanta GA VAMC 11/6/01 Failure To Perform Procedure; Failure To Monitor $535,000.00
Castle Point NY VAMC 6/21/02 Failure To Treat; Failure To Perform Procedure; Failure To Diagnose (i.e., Concluding That Patient Has No Disease or Condit $15,000.00
Hampton VA VAMC 12/19/02 Improper Management; Delay In Diagnosis; Failure To Perform Procedure $150,000.00
New Orleans LA VAMC 1/20/04 Failure To Treat; Failure To Perform Procedure; Failure To Monitor $100,000.00
Dallas TX VAMC 2/9/04 Failure To Perform Procedure $350,000.00
Dallas TX VAMC 6/16/04 Failure To Treat; Failure To Perform Procedure; Failure To Order Appropriate Medication; Failure To Monitor; Failure To Diagnose (i.e., Concluding That Patient Has No Disease or Condit $100,000.00
Butler PA VAMC 7/27/04 Delay In Diagnosis; Failure To Perform Procedure; Failure To Order Appropriate Medication; Failure To Diagnose (i.e., Concluding That Patient Has No Disease or Condit $7,500.00
Oklahoma City OK VAMC 10/28/04 Improper Technique; Improperly Performed Test; Failure To Perform Procedure $50,000.00
New Orleans LA VAMC 8/26/05 Failure To Treat; Failure To Perform Procedure $105,000.00
Oklahoma City OK VAMC 11/16/05 Delay in Performance; Failure To Perform Procedure $325,000.00
Salem VA VAMC 3/27/06 Delay In Treatment; Delay In Diagnosis; Failure To Perform Procedure $85,000.00
Alexandria LA VAMC 5/30/06 Delay In Diagnosis; Failure To Treat; Failure To Perform Procedure; Failure to Order Appropriate Test $100,000.00
Dallas TX VAMC 4/21/07 Failure To Treat; Failure To Perform Procedure $300,000.00
Columbia MO VAMC 11/28/07 Delay In Treatment; Delay in Performance; Failure To Perform Procedure $200,000.00
West Haven CT VAMC 2/20/09 Failure To Perform Procedure $500,000.00
Albany NY VAMC 11/2/09 Delay in Performance; Failure To Perform Procedure $75,000.00
Jackson MS VAMC 4/26/10 Failure To Perform Procedure $150,000.00 NULL
Augusta GA VAMC 12/13/11 Improper Performance; Failure To Perform Procedure $300,000.00 NULL

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  1. I see the VA struck again, I feel that the entire VA System should be done away with. Those people could care less about the Service members. The system should be turned over to civilian doctors with the VA being held accountable for payment to these doctors.
    For example I was given a CPAP system a few years ago and the mask kept coming off my face . The response from the VA was “Your taking the mask off your face”. No I was not to fix the problem I walked into the place where I got the system and said you got it back and you don’t care about me. About three years later I get a notice from the VA to do a sleep study at one of there facilities. Again I was told you need a CPAP mask. Now we are over the mask coming off the face as it properly fits. The issue now is The company will not come out and service the mask. They are two months late I called them and the the usual line well call you back later today. That was three weeks ago.
    I will now contact the Denver VA and tell them you got the stuff back again as you could care less about me

  2. Ben Krause is truly amazing! He just called me and we talked at length about my VA claim. If the rest of the world’s lawyers were like Ben this would be a much greater place. From time to time Ben has shared some of his own struggles with the VA in their mistreatment of him. So, as I am sure as you all will agree, we need to remember to keep Ben in mind just like he keeps us so prominently in mind. Just wanted to say that. Thanks so much for your input and ideas Ben!

  3. Gee, Obama pretended to be angry again as he explained away his newest administration scandal.

    In fact, he quoted Ezekiel 25:17 from his teleprompter. “The path of the President is beset on all sides by the inequities of the selfish and the tyranny of evil men. Blessed is he who, in the name of charity and good will, shepherds the weak through the valley of the darkness, for he is truly his brother’s keeper and the finder of lost children. And I will strike down upon thee with great vengeance and furious anger those who attempt to poison and destroy my brothers. And you will know I am Obama when I lay my vengeance upon you.”

    Incidentally, since Obama only becomes aware of these scandals when he watches the news, he has recently cancelled his cable TV subscription in the White House to limit the amount of news channels that he can watch.

    1. Well, well, well. I see that another Obama scandal has appeared today. After the scandal at the Phoenix VA was revealed, General Suckup Shinseki, under orders from the cowardly CINC Obama, agreed to give Phoenix VA administrator Helman a rather huge cash bonus for her ‘stellar performance’ last April.

      But when some noisy reporters discovered the payout, Shinseki did the dishonorable thing and blamed the bonus on a “low-level employee” that did not know any better. (HINT: Shinseki signs off on VA bonuses)

      Hmm…Sound familiar?

      Cleveland IRS?

      When Obama blamed “low-level employees” for using the IRS as a political weapon against the American people it disagrees with?


      The nice thing about the relentless investigation into Obama’s IRS scandal is that it helped finally expose the email between the White House and “top-level employees” of the IRS to orchestrate a ‘Shock and Awe’ intimidation campaign against tax-paying citizens in America.

      The fact that Obama has no problem throwing hard-working “low-level” GS-5 and GS-6 federal employees under the bus should demonstrate his cruel nature as a political zealot lusting for absolute power.

      This really does not bode well for us veterans in the future if Obama keeps interfering in his latest VA scandal…

  4. I once showed up for shoulder surgery at a private surgeon, only to told that the VA had just called and canceled the fee for services agreement to pay for the operation. My blood pressure shot up into the stratosphere, I have had high blood pressure problems since, but never have had the shoulder surgery. Fuck the VA very much.

    1. Ron, the VA used similar tactics on me by cancelling my scheduled surgery several times. My favorite was at the beginning when I went to a VA surgeon who I saw me after the injury. In front of my wife this surgeon took off the arm sling the VA ER had put me in for a week. My arm was frozen in place with scar tissue and other injury causes making it impossible for me to move my arm. He pressured me to sign a form by saying the VA could not treat this injury or give me surgery unless I agreed to let him proceed as he saw fit. He then said that we have to “break it loose”. He said it was going to hurt but was the only way to ever get any use of my arm restored. He then proceeded to move my arm around by forcing it. I am a former Marine and have quite a bit of training and experience in handling pain. But, this was extreme pain which cause me to involuntary scream out in pain as this went on for several minutes. After torturing me for several minutes and getting some small range of motion he then went and got an injection syringe and injected my shoulder several times. He said this would help with the pain. Why didn’t he give me the shot before that? And why did the VA delay any real treatment or surgery for close to two years then tell me it was too late? It seems that the VA has all sorts of tactics when it comes to waiting lists that keep you in line forever that leads to nowhere!

  5. the VA made me wait more than a year to do shoulder surgery then said it was too late. I filed a tort claim and never heard back on it. no doubt the VA will say the statute of limitations expired as I filed the claim about two years ago and they just get to blow it off. also, I just found out I am on a secret waiting list for PTSD therapy but supposedly can’t get it because my ptsd traumas/experiences are classified. some people have said I should be able to get ptsd therapy anyway, but the VA is giving me hell about it, threatening to arrest me when I report to therapy where they are setting me up for arrest.
    I should be able to sue for therapy being withheld. December 2013 they said they would arrest me if I said anything classified to the therapists interviewing me. I guess the statute will be up on that on Dec. 2014.

    1. Contact Ben and request he represent you for your claim.
      What you are suffering is wrong. Hopefully you have copies of your claim. Do you?
      Or any other proof it was filed with your VA regional counsels office?

      1. Lawrence, thanks for that advice. Benjamin does not seem interested in my case. It is nothing against him, but in comparison, a private group of vets, about 15 guys that I recently went to with my wife a few times, their leader told the rest of the group in front of us something that may be driving Ben’s lack of interest, though we did not mention Ben. One guy there had just said that the leader there was a PTSD counselor himself and that he could give me counseling, even if the VA refuses to on the absurd basis that I am not allowed therapy because my ptsd is classified as in national security DoD classified, and they were reporting me. Anyway, the group leader told the group that he was afraid to talk to me out of fear of arrest or the government coming down on him, like arrest, prison, etc. The more I think about it I think it is a gigantic lie and the VA is just terrorizing me for the hell of it. Someone from Congressman Sinema called me last week and said they believed I could get therapy somehow and they would do some checking. Sinema is sponsoring a House bill called the Classified Access to Care Act for this very purpose, but from what I can see it has a very low chance of passing. You would not believe how stressful it is to not be able to get ptsd therapy, not be able to talk about what happened to me in the service, what I was put through. I have no friends, only my wife who is beyond the breaking point trying to care for my severe ptsd along with related head injury. You would think there would be something better than this for a 100% service-connected ptsd vet even if they are from the classified sector at the most sensitive levels of national security. Apparently there is nothing though. thanks for your suggestion, and maybe Ben will see this and come up with something and find a safe and sane and productive way to sue the VA on this. Semper Fi forever, even if the VA is not.

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