Noteboom The Law Firm

Veteran Who Claims to Have Contracted Hep. C at Miami VA Suing for Medical Malpractice

Recently, it was discovered the Miami Department of Veterans Affairs (VA) was allegedly performing colonoscopies with improperly cleaned equipment. As a result, multiple veterans were tested for Hepatitis and HIV. A U.S. Air Force veteran from Coral Gables claims he contracted Hepatitis C from one of these procedures, and is suing the VA for $30 million in federal court in Miami under a medical malpractice claim.

This is likely to be the first in multiple such cases. Between 2004 and 2009, the VA hospitals located in Miami, Murfreesboro, TN, and Augusta, GA combined to perform more than 11,000 colonoscopies on veterans with improperly cleaned equipment. To date, 5 veterans have come up positive for HIV, 8 have tested positive for hepatitis B, and 25 came positive for Hepatitis C.

There have been 11 separate suits filed against the Miami VA hospital alleging emotional distress; all of which have been settled out of court. Additional suits have been filed in TN and GA alleging various claims, but to date, not one case has gone to trial.

The Assistant US Attorney defending the VA acknowledged the VA's breach of duty of reasonable care in filed documents. At the same time, however, he denies the improperly cleaned colonoscopy equipment caused any health problems. The VA has been very careful in how it has handled these cases so as to prevent "opening the flood gates" and admit responsibility across the board, according to some plaintiffs.

If you are a disabled veteran who has been denied disability compensation or have not yet applied for benefits from the VA, a South Florida disability attorney from LaVan & Neidenberg is ready to help. To learn if you are entitled to certain programs and benefits contact our veterans disability rights firm today - 1-888-234-5758.