The plaintiff, Janice L. Allen, filed the suit in U.S. District Court on September 15 on behalf of her husband, Lional Allen, 51, who died February 4. The malpractice lawsuit alleges that the treatment that Lional Allen received at the VA hospital was below a level of standards. The lawsuit names the U.S. government as the defendant in the case.
According to the lawsuit, Allen had been diagnosed with stage 2 renal (kidney) failure in October 2012. A diagnosis in April 2013 was indicative of early stage renal failure. Allen was advised by his physicians to avoid renal toxic medications.
In May 2014, Allen was diagnosed with metastatic prostate cancer. Doctors prescribed Zometa to treat the cancer. Zometa is considered to be extremely dangerous for those suffering with kidney problems.
As a result of taking the medication Zometa for his prostate cancer, within two weeks Allen suffered a complete renal failure and had to undergo daily dialysis for the remainder of his life.
It is difficult to come to grips with the idea that when our men and women in uniform sign up for duty with the military, they also are signing over some of their rights. Many soldiers and their families don’t know that in a 1950 Supreme Court, a ruling known as the ‘Feres Doctrine,’ makes it so that members of the armed forces are unable to sue the federal government for medical malpractice. Many law firms, even ones that specialize in medical malpractice and negligence don’t think that a successful challenge to the ruling is possible.
Soldiers are often unable to sue military doctors or VA hospitals for medical malpractice or negligence because of limitations placed on the government agencies. Our men and women in uniform deserve better and certainly deserve a standard of care like every other medical patient in this country.
If you or a loved one has suffered as the result of medical malpractice or negligence, contact the offices of Bottar Leone, PLLC immediately. We will meet with you to evaluate your claim and determine if you have a case. One of our attorneys can then begin the process of filing your malpractice lawsuit and begin the process to insure that you and your loved ones receive the compensation you deserve.