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Jul. 4, 2009 | West Virginia's Legal Journal
 
NEWS

Widow seeks $1.4 million from VA after husband's death

6/25/2008 12:30 PM
By Audrey Holsclaw -Cabell Bureau

HUNTINGTON -- A Logan County woman has filed a case against the United States of America after her husband's misdiagnosis by the Veterans' Administration Hospital in Huntington.

Sandra Carper filed the suit after her husband, Robert, passed away on May 12, 2005, of ventricular arrhythmia, congestive heart failure and bladder cancer.

According to the suit, filed in the United States District Court for the Southern District of West Virginia, Robert Carper was a frequent patient for many years prior to May 12, 2005. He sought medical treatment for various urinary tract disorders, cardiovascular disease, congestive heart failure, and COPD.

In the summer of 2003, Robert had symptoms of a urinary tract disorder, and those symptoms continued and worsened. Despite various tests by hospital doctors, Robert was not diagnosed with bladder cancer until Jan. 19, 2005.

Sandra Carper believes that the care given to Robert Carper deviated from the appropriate standard of care, including improper testing and management. She also believes that the hospital failed to exercise the degree of care, skill, and learning expected of a healthcare provider.

Filed by Larry Ford of the Charleston firm of Meyer, Ford & Glasser, the suit states that there were unnamed additional delays to Robert's care.

Finally, on May 6, 2005, surgery was performed to try and remove the cancer. However, Robert Carper passed away on May 12.

Sandra Carper was named as the administratrix to his estate on June 12, 2005, and on Feb. 5, 2007, filed a claim for an administrative settlement on his behalf with the United States Department of Veteran's Affairs seeking compensation of $1,400,000 for funeral and burial expenses, medical bills, mental anguish, loss of society, companionship, coping, guidance, advice, and services as well as protection, care and assistance. However, she has received no notification by the respondent agency.

Filed on June 11, Sandra Carper is still seeking the $1,400,000 sum.


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