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Family Sues U.S Government Over Alleged Negligence Leading to Veteran’s Death

LOUISIANA RECORD

Thursday, November 21, 2024

Family Sues U.S Government Over Alleged Negligence Leading to Veteran’s Death

Federal Court
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A tragic medical procedure at a Louisiana VA Medical Center has led to a lawsuit against the United States government. The complaint was filed by Vetreese Gaines, Kathie G. Guidry, Margaret Gaines, and Celestine G. Polk on October 24, 2024, in the United States District Court for the Western District of Louisiana. The plaintiffs are suing the United States of America over allegations of negligence that resulted in the death of Kenneth Gaines.

The case revolves around a series of events that occurred at the Alexandria VA Medical Center, where Kenneth Gaines was a patient. On July 27, 2023, Mr. Gaines underwent an elective upper gastrointestinal (GI) endoscopy and colonoscopy due to complaints of abdominal pain and chronic bowel issues. During these procedures, he experienced acute hypoxemia—a dangerous drop in blood oxygen levels—which ultimately led to cardiorespiratory arrest and his subsequent death.

According to the complaint, Dr. Ihor Zakluzny (a general surgeon), Dr. Michael Fossler (an anesthesiologist), and CRNA G. Quebedeaux were among the healthcare providers involved in Mr. Gaines's care at the time of his death. The plaintiffs allege that these medical professionals failed to adhere to standard care practices by not having necessary emergency equipment readily available and by proceeding with the colonoscopy despite Mr. Gaines's unstable condition following an initial hypoxic episode during the endoscopy.

The lawsuit accuses these healthcare providers of multiple breaches of duty, including poor judgment in continuing with an elective procedure under risky conditions and failing to take adequate steps to secure Mr. Gaines's airway during resuscitation efforts when he went into cardiac arrest. The plaintiffs argue that this negligence directly contributed to Mr. Gaines's untimely death.

In their pursuit of justice, Vetreese Gaines and her co-plaintiffs are seeking $1,100,000 in damages from the United States government for what they describe as negligence, carelessness, and malpractice by its employees at the VA Medical Center. They claim compensation for physical pain and suffering endured by Kenneth Gaines before his death, emotional anguish suffered by his family members due to their loss, medical expenses incurred during his treatment, as well as other general damages.

Representing the plaintiffs is attorney Eric E. Helm from Baton Rouge-based law firm MGM Attorneys. As this case unfolds in court under Civil Action No., it will be presided over by a judge yet unnamed along with a magistrate judge assigned to assist in proceedings.

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