VA Hospital Class Action Lawsuit Filed Over Negligent Care

Thirteen plaintiffs recently filed a class action lawsuit against an Indiana VA hospital, claiming that a doctor was negligent and failed to properly provide care.

According to the class action against the United States of America, the plaintiffs were informed in early 2018 that they were the victims of medical malpractice by Dr. Bradley R. Hammersley at the Veterans Administration Northern Indiana Health Care System.

During their meetings with hospital representatives, each plaintiff was reportedly provided the details of the podiatrist’s malpractice and were given information about the claims process.

Despite allegedly being given disability claims application forms by the VA hospital, “each plaintiff received a letter from the VA denying his claim as being time barred because the claim had not been presented within two years of the alleged negligent treatment by Dr. Hammersley.”

This alleged denial of their claims prompted the VA hospital class action lawsuit.

The VA hospital maintains that they provide the best possible care for their patients according to an email statement to The Journal Gazette from Tom Blackburn, the public affairs officer at VA Northern Indiana Health Care System.

“VA always strives to provide veterans with the very best health care possible. When we don’t meet that standard, we work quickly to identify problems, fix them and hold those responsible accountable,” Blackburn said.

According to Blackburn, Dr. Hammersley’s medical malpractice was uncovered during a 2017 internal review of his surgical podiatry cases after other employees of the health care system voiced their concerns. After the review showed evidence of medical malpractice, Dr. Hammersley was allegedly fired by the health care system and he was reported to the Indiana Board of Podiatry.

“The review determined that a small percentage of Dr. Hammersley’s patients received substandard care,” Blackburn stated. “VANIHCS leaders have contacted all affected veterans to apologize personally, offer additional medical care and inform them of their options moving forward.”

Dr. Hammersley started working for the health care system in 2006 as a VA fee-based provider. In September 2014, he became a full time employee at the VA hospital.

Despite uncovering the evidence of medical malpractice, the health care system allegedly denied plaintiff claims.

“Any veteran may file a claim under the Federal Tort Claims Act regarding issues of substandard care,” Blackburn said. “Under the FTCA, we look to state law for statute of limitations purposes. In any case filed, the Indiana statute of limitations would be applied, and is calculated based upon when the veteran/claimant knew or should have known of his or her potential claim.”

The plaintiffs will reportedly file individual complaints to address their medical malpractice claims in addition to their VA hospital class action lawsuit.

The veterans seek to represent a Class of all VANIHCS patients who received podiatric care from Dr. Hammersley between 2009 and 2016, later received an Institutional Disclosure of Adverse Event from the VANIHCS informing them of Dr. Hammersley’s malpractice, and subsequently filed an administrative claim which has since been denied.

The VA hospital class action lawsuit seeks declaratory relief, an enjoining order, court costs, and attorneys’ fees.

Plaintiffs are represented by David L. Farnbauch of Sweeney Law Firm; Diana C. Bauer of Bauer Legal LLC; and Dennis R. Brown of Geisleman & Brown LLP.

The VA Hospital Class Action Lawsuit is Colombini, et al. v. United States of America, Case No. 1:19-cv-00013-TLS-SLC, in the U.S. District Court for the Northern District of Indiana.