Full Article at: Government hepatitis liability ends with $44 K payout to veteran
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Walter F. Roche Jr. can be reached via e-mail or at 412-320-7894.
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By Walter F. Roche Jr.
TRIBUNE-REVIEW
Friday, November 13, 2009
Last updated: 10:32 am
"The federal government is paying $44,000 to end its liability in the case of Army nurse anesthetist Jon Dale Jones, who infected 16 patients in a Texas military hospital with hepatitis, a potentially fatal liver disease.
Court records in Texas show the government has agreed to pay the money to veteran Daniel Henry of El Paso.
Seven other victims will receive nothing from the federal government, but will share an estimated $1 million from an insurance policy covering Jones. Each of the seven is expected to get about $72,000 after expenses and legal fees are paid.
The eight remaining unidentified victims, who never sued, apparently will receive nothing.
All 16 victims are veterans, active-duty soldiers or members of their immediate families.
One victim, Steven Damron of Missoula, Mont., said he still suffers side effects from hepatitis treatments. And he is not pleased with the insurance settlement.
"I'm very upset about it," he said in a telephone interview. "I have a disease that will affect me for the rest of my life. I can't get rid of it. It's changed my whole life. I can't be a medic anymore."
He said he was told that if he didn't agree to the settlement, "I could lose everything."
Damron said he came under Jones' care when he underwent back surgery in 2004 at Beaumont Army Medical Center. Later, when Damron was reactivated and about to head for Iraq, blood tests showed he had hepatitis. Subsequent tests led to the conclusion that Damron was infected by Jones.
Jones pleaded guilty to reduced criminal charges of infecting one of the patients. He is scheduled to be sentenced next month.
Records in the criminal case show that Jones was stealing anesthesia intended for patients by injecting it into a hidden vial. The vial, however, became infected from a patient with hepatitis. Jones contracted the disease himself, then passed it on to 15 patients.
Legal experts say the federal government's civil liability is limited in such cases, in part because of the Feres Doctrine — which stems from a 1950 Supreme Court ruling that bars malpractice and other tort claims by active members of the military.
Henry, a veteran, was not active military when he was infected.
Texas attorney Dean Swartz, who has a pending federal case involving military medical malpractice, said the Feres Doctrine was a likely factor in the limited number of cases filed — despite Jones' guilty plea.
"The Feres Doctrine is a huge hurdle to overcome," Swartz said.
Attorneys involved in the civil cases either refused to return calls or declined comment pending the filing of final settlement papers. Details of the insurance coverage were revealed in a separate suit, in which the insurance company sought to limit or eliminate its responsibility.
Because of the 1950 court ruling, the federal government was a named defendant in only one civil case — that of retired veteran Henry, who was awarded $112,000. The federal government will pay $44,000, while Jones, as an individual, will pay a little less than $40,000.
The company that hired Jones — Columbia Healthcare-Arora Joint Venture — has agreed to pay about $29,000, court records show."
Friday, November 13, 2009
Former VA Psychiatriat Voices Concern over Treatment of Ft. Hood Shooter's Patients
We voiced a concern about the former patients of the alleged Ft. Hood Shooter and wondered what was being done for them.
A retired psychiatrist shares our concerns stating: ""To potentially save some lives that might be lost to suicide among his former patients, the crucial thing is for the clinical leadership to [find other mental health care providers] who also knew the patients that Hasan had and to take the time to talk to the people who knew these patients and if possible, to work through them to take a reading on how [the patients] were digesting these terrible events," Shay said."
Full article at: Alleged Army gunman's former patients need follow-up care, observers say
By Katherine McIntire Peters kpeters@govexec.com November 12, 2009
"If your doctor went on a killing spree, you might question the kind of care he provided, especially if he was ministering to your mental health. Thus, after law enforcement officials took Army psychiatrist Maj. Nidal Malik Hasan into custody at Fort Hood, Texas, last Thursday after he allegedly shot dozens of fellow soldiers and civilians, killing 13, service medical personnel should have started contacting patients formerly treated by the doctor, experts say.
"First, I'd get a list of all the patients he'd ever treated and get in contact with them," said Dr. Thomas P. Lowry, a psychiatrist who served two years as a doctor in the Air Force and then held the top psychiatry positions at four hospitals before retiring in 1999. It's important to know how the doctor's former patients perceived him and understand the care they received, he said.
Dr. Jonathan Shay, who spent 20 years as a Veterans Affairs Department psychiatrist specializing in the treatment of combat trauma before retiring last year, said some of Hasan's former patients might worry that the stories they shared in therapy sessions could have contributed to the doctor's state of mind, or even feel some responsibility for the killings.
"To potentially save some lives that might be lost to suicide among his former patients, the crucial thing is for the clinical leadership to [find other mental health care providers] who also knew the patients that Hasan had and to take the time to talk to the people who knew these patients and if possible, to work through them to take a reading on how [the patients] were digesting these terrible events," Shay said.
It's not clear if that is happening. When asked what steps the service is taking to ensure proper medical care of the patients under Hasan's care at Walter Reed Army Medical Center in Washington and Darnall Army Medical Center at Fort Hood, Army spokeswoman Col. Catherine Abbott said she could not provide that information.
"All these issues will be looked at as part of the Army's examination of itself," Abbott said. Officials at Walter Reed and Darnell also declined to comment on the issue or provide any information about what kind of care the former patients are receiving.
"You cannot be sure that it's even happening," Shay said.
Army officials declined to say how many patients Hasan saw in his duties. Psychiatrists typically treat the most vulnerable soldiers who have suffered devastating losses, physically and emotionally."
A retired psychiatrist shares our concerns stating: ""To potentially save some lives that might be lost to suicide among his former patients, the crucial thing is for the clinical leadership to [find other mental health care providers] who also knew the patients that Hasan had and to take the time to talk to the people who knew these patients and if possible, to work through them to take a reading on how [the patients] were digesting these terrible events," Shay said."
Full article at: Alleged Army gunman's former patients need follow-up care, observers say
By Katherine McIntire Peters kpeters@govexec.com November 12, 2009
"If your doctor went on a killing spree, you might question the kind of care he provided, especially if he was ministering to your mental health. Thus, after law enforcement officials took Army psychiatrist Maj. Nidal Malik Hasan into custody at Fort Hood, Texas, last Thursday after he allegedly shot dozens of fellow soldiers and civilians, killing 13, service medical personnel should have started contacting patients formerly treated by the doctor, experts say.
"First, I'd get a list of all the patients he'd ever treated and get in contact with them," said Dr. Thomas P. Lowry, a psychiatrist who served two years as a doctor in the Air Force and then held the top psychiatry positions at four hospitals before retiring in 1999. It's important to know how the doctor's former patients perceived him and understand the care they received, he said.
Dr. Jonathan Shay, who spent 20 years as a Veterans Affairs Department psychiatrist specializing in the treatment of combat trauma before retiring last year, said some of Hasan's former patients might worry that the stories they shared in therapy sessions could have contributed to the doctor's state of mind, or even feel some responsibility for the killings.
"To potentially save some lives that might be lost to suicide among his former patients, the crucial thing is for the clinical leadership to [find other mental health care providers] who also knew the patients that Hasan had and to take the time to talk to the people who knew these patients and if possible, to work through them to take a reading on how [the patients] were digesting these terrible events," Shay said.
It's not clear if that is happening. When asked what steps the service is taking to ensure proper medical care of the patients under Hasan's care at Walter Reed Army Medical Center in Washington and Darnall Army Medical Center at Fort Hood, Army spokeswoman Col. Catherine Abbott said she could not provide that information.
"All these issues will be looked at as part of the Army's examination of itself," Abbott said. Officials at Walter Reed and Darnell also declined to comment on the issue or provide any information about what kind of care the former patients are receiving.
"You cannot be sure that it's even happening," Shay said.
Army officials declined to say how many patients Hasan saw in his duties. Psychiatrists typically treat the most vulnerable soldiers who have suffered devastating losses, physically and emotionally."
Delayed Texas Veterans Claims Cost the State $37 Million a Month
Is this the push that will finally reform the VA claim system, we hope so, especially if all the other States get behind a similar program.
Full Article at: Texas veterans face extraordinary claim delays
Thu Nov 12, 2009 6:18pm EST
NEW YORK (Reuters) - "Texas veterans must wait "extraordinary amounts of time" to get the federal benefits they earned, which costs them and the state economy $37 million a month, Republican Governor Rick Perry said on Thursday.
Saying his office will pay for a dozen new counselors at the Texas Veterans Commission to help clear the backlog of 39,000 disability or health claims, Perry in a statement said:
"The backlog of claims at the Veterans Administration is a national crisis and it is especially bad for Texas.""
Full Article at: Texas veterans face extraordinary claim delays
Thu Nov 12, 2009 6:18pm EST
NEW YORK (Reuters) - "Texas veterans must wait "extraordinary amounts of time" to get the federal benefits they earned, which costs them and the state economy $37 million a month, Republican Governor Rick Perry said on Thursday.
Saying his office will pay for a dozen new counselors at the Texas Veterans Commission to help clear the backlog of 39,000 disability or health claims, Perry in a statement said:
"The backlog of claims at the Veterans Administration is a national crisis and it is especially bad for Texas.""
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