Lawsuit against the Veterans Administration

Lawsuit against the Veterans Administration

Lawsuit against the Veterans Administration 150 150 Dan Frith

Last year we had the wonderful opportunity to represent a man who was the victim of medical malpractice at the Veterans Administration. Cases against the VA are more complicated than a normal medical malpractice case, because they are filed under federal law, namely the Federal Tort Claim Act.

Under the FTCA you have to file Notice within a certain amount of time, have your experts ready to go when filing, and be prepared to wait 6 months while the Govt. evaluates your claim.

Our office has handled numerous VA cases over the years. We will investigate them and recommend whether formal notice should be filed, or the case dropped.

If you believe you received negligent care at the VA, and would like to discuss it with a Virginia attorney who understands VA cases, please call us today. We would be honored to serve those who served us.

Claim: Negligence by Veterans Administration Staff results in preventable stroke

On May 31, 2010, a Veteran living in South-West Virginia was experiencing shortness of breath. He presented to and was admitted to the VA hospital for inpatient care. He remained in the VA until his discharge on June 3, 2010

The patient had long been a patient of the VA Coumadin clinic, receiving 20-30mg of Coumadin every day to keep his INR in therapeutic range. Notwithstanding, when he was admitted to the VA his treating physician (a resident) decreased his dose to only 5mg. Plaintiff alleged the physician wholly failed to consult the VA records which reflected the patient’s long history of Coumadin resistance and current 20-30mg a day dose.

 Unfortunately, as the patient did not receive the therapeutic levels of Coumadin while inpatient at the VA, he suffered a stroke a few days after his VA discharge on June 4, 2010. As a result of the stroke, he was airlifted to a local level 1 trauma center where he received emergency treatment. In addition, and as a result of the stroke he was forced to undergo months of therapy. He requires continued assistance with activities of daily living, and is at now at greater risk for future stroke.

Notice of Claim was filed and no formal offered made within the six months. Plaintiff filed suit in the Western District of Virginia but the case was settled before valid service was made on the United States of America.

Case settled for $275,000.


About the author

Dan Frith

Dan Frith has over 25 years of experience representing individuals and families in cases of medical malpractice throughout Virginia. He has been named "Best Medical Malpractice Attorney" by Roanoker Magazine and is a member of the Million Dollar Advocates Forum. To speak with Dan, contact him by email at

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