Our client was among a large number of patients a VA podiatrist had injured with improper surgeries that were improperly performed. Because of the permanent disability caused by the surgery, our client could no longer perform his old job and the promise of future promotions was ruined.
Unfortunately for most of the veterans injured by this podiatrist, they believed the podiatrist when he told them that their negative outcomes were unfortunate but unavoidable. Given the number of negative outcomes from this one podiatrist, VA finally did its own investigating and discovered that this podiatrist had been performing many surgeries which should not have been done and - even if they were necessary - were performed incorrectly.
VA finally began notifying these injured patients, but for many it was too late. The law which allows us to bring claims against VA, mandates that claims must be brought within two years of the injury. many of VA's notifications were sent more than two years after their disability-causing surgeries. That was the case for our client. Because of VA's delay in notifying patients that their podiatrist's negligence had caused their injuries, the administrative claim we filed was denied because it was filed too late.
We were forced to file suit in federal court. But, we were ready and we were able to navigate a complex multiple plaintiff, multiple attorney litigation and negotiate a settlement of $750,000.