If You Do the Test, Follow Up on the Results

The veteran went to the ER at the Atlanta VA Medical Center. Among the various laboratory studies performed was an STD test. This was a bit peculiar as his presentation to the ER had nothing to do such issues.

The test was positive for syphilis.

No one told the veteran.

The veteran’s other VA healthcare providers apparently didn’t notice this finding even though it was in the EMR.

After some time, the veteran starting reporting headaches and dizziness.

The problems got worse.

Finally, one of the veteran’s doctors noticed the syphilis diagnosis. Treatment was started, but the disease had already created some degree of permanent neurological harm. The veteran could still work and function well enough, but he was clearly impaired, and he would be for the rest of his life.

The veteran and his wife came to us. We readily determined it was a meritorious case. We signed them up and got an FTCA claim filed. After the usual interval (too long), the VA lawyer indicated that the agency wanted to settle the case. Good news. This was one which should be settled.

Then we got the offer, $35,000 – and a message from the VA lawyer saying this was “not a six-figure case.”

We saw no need to respond to this offer. It was just silly. With some degree of diplomacy, we told that the VA lawyer we would file suit. In fact, we specified a date about three weeks off by which our Complaint would be filed. (We had previously sent the lawyer a draft of the Complaint.)

Local counsel was engaged. Our Complaint was finalized. Hearing nothing more from the VA, we filed suit.

The day after the case was filed, the VA lawyer emailed me to say that her superiors had changed their minds. They now saw the case as one with more serious exposure. A $300,000 offer was made. In short order, we got the case settled for $500,000.

Even though we could have charged the client a 25% fee since litigation had commenced, we left it at the 20% administrative level.

Of course, we were prepared to litigate this matter.

I was peeved the VA had screwed around with this matter the way it did.

However, the half-million-dollar resolution was clearly a reasonable one. It would have been wrong to let either my irritation or ego get in the way of concluding the case. We did what was right for the client, which is exactly what we are supposed to do.