A veteran's legal battle unfolds as he seeks justice for alleged medical negligence by a federal department. Charles Walker has filed a complaint in the United States District Court for the Western District of Louisiana on November 14, 2024, against Denis McDonough, Secretary of the Department of Veteran Affairs. Walker claims that negligence on the part of the Department led to his latent tuberculosis worsening due to non-treatment.
The lawsuit stems from events beginning in September 2017 when Walker was receiving treatment at a Veterans Affairs Medical Center (VAMC) in Las Vegas, Nevada. During this time, tests revealed that Walker had latent tuberculosis; however, he was not informed about his condition and consequently did not receive any treatment. This oversight continued when Walker sought care at another VAMC in Shreveport, Louisiana, in 2019. Despite having access to his medical records from Las Vegas showing a diagnosis of latent tuberculosis, the Shreveport facility also failed to inform him or provide necessary treatment.
It wasn't until August 12, 2021, that Walker was finally informed by the Department of Veterans Affairs in Shreveport about his condition and began receiving treatment. This delay prompted him to file a Section 1151 claim with the Department on May 25, 2022, alleging medical negligence for failing to notify him and delaying treatment for his latent tuberculosis.
A Compensation & Pension (C&P) examination conducted on September 2, 2022, supported Walker's allegations. The examiner noted that according to CDC guidelines from 2017, even asymptomatic cases of latent tuberculosis should be treated promptly to prevent progression to active tuberculosis. The examiner concluded that four years without treatment constituted negligent non-treatment and contributed to the worsening of Walker's condition.
Despite acknowledging negligence on May 12, 2023, the Department denied Walker's claim citing a lack of damages—a decision he is currently appealing with the Board of Veterans’ Appeals since June 1, 2023. Additionally, Walker filed a Statement of Claim or Injury with alleged damages amounting to $250,000 on February 9, 2023.
Walker asserts that his administrative claim was timely filed within two years after discovering his condition through VA personnel notification. He accuses the Department of failing its legal duty by not informing him earlier and neglecting CDC guidelines for timely treatment.
In pursuit of justice and compensation for his suffering due to alleged negligence by the VA leading up to increased pain and potential future health complications—Walker seeks judgment against Denis McDonough for damages up to $250,000 covering past/future medical expenses along with past/future pain/suffering reliefs deemed just under these circumstances.
Representing Charles Walker is attorney J. Bryan Jones III from Lafayette while no specific defense counsel is mentioned yet for Denis McDonough or associated parties involved within this case identified as Case ID: 2:24-cv-01567 before an unnamed judge presiding over proceedings ahead.