FTCA Claim for Unhoused Veteran Resolved in Under Two Months

While participating in an inpatient treatment program at a VA Medical Center, our veteran client suffered a stroke. After falling in his room and reporting weakness and difficulty walking, he was transported to the emergency department where imaging studies were performed.

Unfortunately, despite clear neurological symptoms and abnormal imaging, the veteran’s VA providers misread the initial MRI and delayed the diagnosis of his stroke.

The following day, the veteran fell again. When he returned to the emergency department, the neurology team determined that he had indeed suffered an acute stroke the day before. Unfortunately, because the stroke was not diagnosed promptly, he was no longer eligible for time-sensitive treatments and

had already sustained neurological damage resulting in weakness in his limbs and mobility issues.

To make matters more complicated, the veteran was experiencing homelessness at the time of this stroke, which added significant barriers to his care, recovery, and ability to advocate for himself or seek second opinions. Unhoused veterans face unique challenges in accessing healthcare and managing ongoing medical conditions, making timely and accurate diagnosis even more critical for this vulnerable population.

In our eyes, this was a clear-cut case. Luckily, we have plenty of experience navigating claims like this, and effective working relationships with some of the VA’s more efficient investigating attorneys. Though FTCA claims can often take upwards of a year before a decision is reached, this veteran’s claim was successfully settled, less than two months after it was filed, for $60,000.

This was a remarkably quick resolution that allowed our client to receive compensation without the delays associated with a prolonged administrative process or federal litigation. The settlement provided much-needed financial resources for our client, who still struggled with an unstable housing situation and the need for continued medical care at the time.

This case also represents an important victory for our firm's mission of holding the VA accountable for providing quality medical care to our veterans. When healthcare providers fail to meet the standard of care, especially for vulnerable populations like unhoused veterans, there must be accountability and appropriate compensation for the resulting harm.