Noteboom The Law Firm

VA Sued For Leaving Surgical Clamp Behind

August 24, 2010 - Richard Kellar went into the Denver Department of Veterans Affairs (VA) Hospital in August 2005 for a triple-bypass surgery. When he left the hospital, he had a surgical clamp buried in his chest and lodged behind his heart. It wasn't an intended part of the surgery. Nevertheless, this became Kellar's reality.

U.S. District Court Judge Wiley Y. Daniel is hearing Richard Keller's case. The 61-year-old Army veteran has since filed a $15 million lawsuit for damages stemming from the VA's surgeons mistakes. The Army doesn't want to pay $15 million. Instead, they offered him a $100,000 settlement prior to the beginning of the trial. Keller rejected this offer as being insufficient given his current medical and financial situation.

Unfortunately, it is too risky to perform another surgery to recover the clamp. When Keller took the stand and testified, he blamed the presence of the clamp for various physical problems he was currently having. Among other ailments, Keller complained he suffered from shooting pains up his neck and into his head as well as random numbness in his hands.

Assistant U.S. Attorney Marc Bonora questioned Kellar specifically about the physical symptoms he claimed plagued him as a result of the clamp's presence. Apparently Kellar filed a disability claim pre-dating his surgery in which he complained of symptoms analogous to the ones from which he is currently hoping to collect.