Lipkin & Higgins attorneys represented the family of a 72-year-old Army Veteran who received his medical treatment at the VA Hospital. When he had the initial signs of liver disease, he went to the Veterans Administration for a CT scan followed several months later by an MRI. In neither case was a tumor diagnosed. It was about 8 months later, after continuing symptoms, that a specialist looked at the CT and MRI films and saw that the tumor had been in his liver all along. Unfortunately, it was too late and the man passed away despite valiant efforts to save him, including liver transplant surgery.
Lipkin & Higgins filed a lawsuit on behalf of the family under a law known as the Federal Tort Claims Act (“FTCA”). This law allows people to sue the Federal Government for the negligent or wrongful acts of its employees. There are many, very specific procedures that must be followed when prosecuting a claim under the FTCA, including filling out forms, exhausting all other available remedies, and giving the government an opportunity to settle before initiating a lawsuit. Furthermore, jury trials are not allowed under the FTCA; all cases are decided by a Federal Court judge.
After all efforts to settle prior to filing suit were exhausted, Lipkin & Higgins attorneys took multiple depositions of the Veterans Administration doctors involved. Eventually, the case was settled for $950,000.00 as the case was nearing trial.
If you or your loved one are the victim of negligence or wrongful acts caused by US government employees, contact the attorneys at Lipkin & Higgins to discuss your FTCA claim.