My Federal Tort Claim (SF95)
My Federal Tort Claim filed against the Dallas VA Medical Center for medical negligence. The claim centers on the VA’s two-year delay in addressing documented loose pedicle screws following spinal surgery, which ultimately resulted in permanent spinal ankylosis. Stuart argues that the VA’s failure to act on their own imaging evidence showing progressive deterioration constitutes negligence, leading to preventable permanent disability requiring extensive corrective surgeries. The claim includes extensive medical documentation supporting his allegations and asserts the timeliness of his claim despite prior filings.
After two years of declining mobility following a failed spinal fusion, I’ve submitted a Federal Tort Claim detailing how delayed intervention led to permanent disability. While my previous back surgery was performed through the VA’s community care program, this claim focuses specifically on the VA’s documented failure to address serious complications they identified in October 2021.
The timeline is stark: A VA CT scan in October 2021 revealed loose pedicle screws and potential vascular complications. Despite having clear evidence of hardware failure in their possession, the VA continued only to document my deterioration through repeated imaging studies over the next two years. Their only intervention was to provide a wheelchair in September 2023 rather than addressing the underlying surgical failure their own imaging had documented.
The consequences became clear once I obtained private insurance through the ACA and sought care at Baylor Scott & White Medical Center. Their immediate diagnosis revealed that the untreated loose screws had destroyed vertebrae at L1 and L3, created spinal instability, and led to flat back syndrome. This required extensive fusion surgery from T4 to the pelvis in January 2024, followed by additional surgery in June 2024 due to complications.
The VA’s implicit acknowledgment of their role came when they approved secondary funding for the Baylor revision surgery – though this intervention came too late to prevent permanent spinal ankylosis. Multiple independent medical experts have confirmed that the VA’s two-year delay in addressing known complications fell below the standard of care and directly led to preventable permanent disability.
I’m sharing this update not just to document my journey, but to highlight systemic issues in post-surgical care management. While my case involves complex medical details, the core issue is simple: the VA’s own imaging documented serious complications requiring intervention, yet they failed to act for two years while those complications progressed to permanent disability.
I’ll continue updating this blog as appropriate while my claim progresses through the system. For now, I remain focused on adapting to life with an ankylosed spine while working to ensure accountability for preventable medical harm.
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