Army vet wins appeal in medical malpractice case

Friday March 18, 2016

Free medical care is one benefit for which many of our nation’s veterans qualify, especially those who have been injured in the line of duty. In a recent ruling by the 2nd U.S. Circuit Court of Appeals, a vet who sued the Syracuse VA Medical Center in Connecticut’s neighboring state of New York for malpractice won’t have his award lowered simply because he is eligible for free medical care at a Veterans Administration facility.

The vet has surgery done in 2004 in order to treat the numbness, weakness and tingling he felt in his left arm. The care he received left him a quadriplegic. In August 2014, a judge awarded the man $4.4 million, but only after he reduced the original award by $1.2 million. That the dollar amount the judge figured the medical care from the VA was worth.

The man testified at trial that his pain level is between seven and 10 on a pain scale of one to 10. He received $2 million for past pain and suffering and future pain and suffering. The appeals court, though, couldn’t find any case that supported the lower court’s conclusion that an award for pain and suffering should be between $500,000 and $1.5 million.

The attorney for the veteran said his client “had no choice but to go to the VA for free medical care” since he had the surgery there over 12 years ago.

If you have been the victim of a medical malpractice, you should know that you have a right to seek compensation for medical expenses, pain and suffering, loss of wages and much more. An experienced medical malpractice lawyer can provide you with more information on how to pursue compensation.

Source: ctpost.com, “Court: Man left quadriplegic by VA malpractice wins appeal,” Larry Neumeister, AP, March 04, 2016

Get in Touch

Schedule a Free Initial Consultation

At Kennedy, Johnson, Schwab & Roberge, L.L.C., we handle all cases on a contingency fee basis. This means that we do not get paid unless and until you receive a settlement or a jury award.

Schedule a free, confidential consultation with a skilled Connecticut personal injury lawyer today.

News & insights
You’ve Been in a Motorcycle Accident: Here’s What to do Next
Articles

You’ve Been in a Motorcycle Accident: Here’s What to do Next

16

August
2022

The Negative Impact of Tailgating
Articles

The Negative Impact of Tailgating

9

August
2022

Common Causes of Construction Lawsuits
Articles

Common Causes of Construction Lawsuits

12

July
2022

The Leading Causes of Trucking Accidents
Articles

The Leading Causes of Trucking Accidents

12

July
2022

Medical Misdiagnosis: What Is It and How To Handle It
News

Medical Misdiagnosis: What Is It and How To Handle It

11

June
2022

The Role of Lack of Informed Consent in Medical Malpractice
Articles

The Role of Lack of Informed Consent in Medical Malpractice

11

June
2022

How to File a Medical Malpractice Lawsuit
Articles

How to File a Medical Malpractice Lawsuit

10

June
2022

Connecticut Auto Accident Laws to Be Aware Of
Articles

Connecticut Auto Accident Laws to Be Aware Of

9

June
2022

How Liability Is Determined for Defective Products
Articles

How Liability Is Determined for Defective Products

26

May
2022

The Most Common Personal Injury Cases
Articles

The Most Common Personal Injury Cases

24

May
2022