[Attachment(s) from Colonel Dan included below]
If you have a VA claim in Pennsylvania…READ carefully… pass to your PA contacts & Veterans
See attached PDF file below
any questions contact this attorney; graham@FederalTortClaim.com
W. Robb Graham
Law Offices of W. Robb Graham, LLC
803 Route 130 South
Cinnaminson, NJ 08077
856.786.5050 F. 856.786.5271
From: W. Robb Graham [mailto:graham@FederalTortClaim.com]
Sent: Thursday, September 24, 2009 6:25 PM
To: colonel-dan@sbcglobal.net
Subject: VA's refusal to promptl release the contract for the doctors involved with Brachtherapy at the Phialdelphia VA
Attached please find a copy of the complaint which I have filed against the Department of Veterans Affairs under the Freedom of Information Act. I have filed his complaint, because I represent several of the veterans who were notified by the VA that there brachytherapy treatment at the Philadelphia VA did not meet the standard of care.
I am providing this information to you, because it is my belief that the Philadelphia VA is essentially trying to get all of the veterans to file for benefits under section 1151, or file a Federal Tort Claim. (All of the veterans involved received information from the VA on the procedures to be used to make these types of claims). The VA will then, after the statute of limitations against University of Pennsylvania and the physicians as individuals has expired, will deny all the Federal Tort Claims, claiming that Dr. Gary Kao, and the University of Pennsylvania were independent contractors; therefore, the United States is not liable for their actions under the Federal Tort Claims Act. The effect of this will be to help the University of Pennsylvania, at the expense of the veterans.
In the event that you are aware of any veterans who are pursuing claims as a result of the Philadelphia VA's brachytherapy program, you may want to consider advising those veterans that a claim under the Federal Tort Claims Act, is not likely to be successful, due to the employment status of the medical providers involved and that if they desire to seek any compensation outside of the VA claims process, that they need to consider filing claims against University of Pennsylvania and the doctors who treated them, as individuals because the statute of limitations is quickly approaching for this type of claim.
If you want further information about this issue I will forward it to you. If you do not want further information about this please let me know and I will not contact you again. Finally, I would like to thank you for providing such a useful group, that performs a real service in providing up to date info on the VA.
W. Robb Graham
Law Offices of W. Robb Graham, LLC
803 Route 130 South
Cinnaminson, NJ 08077
856.786.5050 F. 856.786.5271
Certified as a Civil Trial Attorney by the Supreme Court of NJ
Member NJ & PA Bars
graham@VAmalpractice.com
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I seldom if ever have endorsed an attorney's advertising for veterans claims, but the mess with dirty equipment, misplaced isotopes in cancer patients, the VA medical centers are getting beyond acceptable limits, yes mistakes are made in hospitals everywhere, but civilians have a much easier time in obtaining financial judgements in these cases of malpractice, intentional or not there are still repurcussions that these veterans and their families have to deal with, in some cases for life or it becomes a life and death matter where they contract medical problems like HIV/AIDS, Hepatitis C etc, so I have passed this along from Colonel Dan, now there is a veteran I really respect and admire.
Friday, September 25, 2009
If you have a VA claim in Pennsylvania…
