Blumenthal Demands Answers from VA Secretary and Inspector General After Veteran Alleges Appalling Malpractice at West Haven VA

[WASHINGTON, DC] – U.S. Senator Richard Blumenthal (D-CT), a member of the Senate Committee on Veterans’ Affairs, wrote separately today to U.S. Department of Veterans Affairs (VA) Secretary David Shulkin and VA Inspector General Michael J. Missal demanding answers for allegations of appalling medical malpractice involving a veteran who was operated on at the West Haven, Connecticut VA facility. Four years after the operation, the VA discovered a scalpel in the abdomen of the veteran.

“There should be nothing less than full accountability to ensure the safety and wellbeing of veterans seeking medical care, not only in West Haven – but in every VA facility nationwide,” wrote Blumenthal in his letter to Shulkin. “The brave men and women who have sacrificed their lives for our safety trust you as the highest official in the VA’s chain of command to ensure they are in the most capable hands when they seek medical treatment.”

Blumenthal urged Shulkin to immediately review the allegation, and enforce employee removal procedures if necessary. Blumenthal’s letter came the day before Shulkin is due to appear in front of the Senate Committee on Veterans’ Affairs for a routine oversight hearing.

In his letter to Missal, Blumenthal called for a full and immediate inspector general investigation into the malpractice allegations to determine systemic causes responsible for the purported negligence.

“I ask that you conduct a full investigation into the surgical procedures in Mr. Turner’s case, the surgical procedures used at the VA Hospital in West Haven, as well as the policies and procedures the VA uses under the Federal Tort Claims Act,” wrote Blumenthal to Missal. “Transparency and full information regarding the circumstances around this case are absolutely necessary to ensure accountability.”

Blumenthal’s letters to Shulkin and Missal are copied below. His letter to Shulkin is available for download here. His letter to Missal is available for download here.

Dear Secretary Shulkin:

 I am appalled and stunned by a recent claim of egregious medical malpractice at the VA Hospital in West Haven, Connecticut and urge you to expeditiously enforce the authorities Congress provided to remove any employee found responsible for such reprehensible negligence. There should be nothing less than full accountability to ensure the safety and wellbeing of veterans seeking medical care, not only in West Haven – but in every VA facility nationwide. To that end, I request that you immediately initiate a review of the circumstances in this case and take all necessary measures to ensure our veterans receive the world’s best medical care, nothing less. Please provide me as soon as is practicable the updates on your review and any conclusions and actions you may take as a result.

 The brave men and women who have sacrificed their lives for our safety, trust you as the highest official in the VA’s chain of command, to ensure they are in the most capable hands when they seek medical treatment. I am deeply disturbed by reports that a scalpel may have been left in the abdomen of a veteran, Glenford Turner, after a 2013 prostate cancer procedure at the West Haven VA – resulting in nearly four years of severe abdominal pain. I ask that you identify all the facts surrounding this case and share all information with my office as soon as possible.

 The complaint in this case indicates that the doctor admitted responsibility to the veteran and that a tort claim was filed but that the VA never responded to such filing.  If the doctor’s admission is true and the VA did not take steps to resolve the claim, then the agency has compounded the medical negligence.  I urge you to review the VA’s handling of this tort claim and provide information regarding how this tort claim was handled and whether such process comports with the VA’s procedure for reviewing and assessing liability in medical malpractice claims which should have as a goal to resolve valid claims quickly to the benefit of the claimant and the taxpayers. 

 As Secretary of the VA, you have a responsibility to ensure that VA hospitals are staffed with the best possible providers, and that those who fail to provide safe, quality care, are immediately removed from the medical facility. In the absence of holding providers accountable for malpractice, the VA fails to uphold its commitments to our nation’s veterans. As you requested, Congress recently authorized enhanced accountability measures to eliminate any bureaucratic barriers that would impede you from swiftly firing or suspending bad employees. As such, I fully expect any VA employee found to be responsible for Mr. Turner’s suffering to be immediately held accountable for such unfathomable negligence.

 Thank you for your attention to this pressing matter. I look forward to working with you to ensure our nation’s veterans receive the health care they need and deserve.

Sincerely,

Dear Mr. Missal:

I am deeply disturbed by a recent claim of medical malpractice at the Department of Veterans Affairs (VA) Hospital in West Haven, Connecticut. Last week, Army veteran and Connecticut resident, Mr. Glenford Turner filed malpractice complaint against the VA, seeking unspecified compensatory damages after doctors found a scalpel inside his abdomen. I request you conduct a full investigation into all the facts surrounding Mr. Turner’s case to determine what systemic factors could have led to such negligence as well as assess whether all appropriate standards are being followed at the West Haven VA.

According to recent reports, the scalpel was left in Mr. Turner’s abdomen during an August 2013 prostate cancer procedure he received at the VA Hospital in West Haven – resulting in nearly four years of severe abdominal pain. In April 2017, Mr. Turner had surgery to remove the scalpel after x-rays revealed it located between his stomach and intestines. These reports are extremely concerning and must be immediately investigated to ensure the safety and wellbeing of all veterans seeking care not only in West Haven – but in every VA facility nationwide.

The complaint in this case indicates that the doctor admitted responsibility to the veteran and that a tort claim was filed but that the VA never responded to such filing.  If the doctor’s admission is true and the VA did not take steps to resolve the claim, then the agency has compounded the medical negligence. As such, I ask that you conduct a full investigation into the surgical procedures in Mr. Turner’s case, the surgical procedures used at the VA Hospital in West Haven, as well as the policies and procedures the VA uses under the Federal Tort Claims Act.

Transparency and full information regarding the circumstances around this case are absolutely necessary to ensure accountability. Thank you for your attention to this pressing matter.

Sincerely,