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Family Sues U.S Government Over Delayed Cancer Diagnosis Leading to Veteran's Death

LOUISIANA RECORD

Thursday, December 26, 2024

Family Sues U.S Government Over Delayed Cancer Diagnosis Leading to Veteran's Death

Federal Court
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U.S. District Court for the Eastern District of Louisiana | Official website

In a poignant legal battle that underscores the dire consequences of medical negligence, the family of a deceased U.S. Army veteran has filed a lawsuit against the United States government. The complaint was lodged by Jhana Palmer and her children on December 16, 2024, in the United States District Court for the Eastern District of Louisiana, accusing the Department of Veterans Affairs (VA) of failing to diagnose cancer in Norman Palmer Jr., leading to his untimely death.

The plaintiffs, Jhana Palmer, De’Nard Palmer, Lakesha Palmer Murray, Nekia Palmer, and Nekita Palmer, allege that the VA's medical staff committed multiple acts of malpractice from August 2021 through July 2023. These alleged failures included not obtaining timely diagnostic tests which resulted in a two-year delay in diagnosing cancer that ultimately claimed Norman Palmer Jr.'s life on March 14, 2024. According to court documents, this tragic oversight began when Norman presented with symptoms such as shortness of breath and anemia during a follow-up visit at the Southeast Louisiana Veterans Health Care System (SELVHCS) in July 2021.

The family's attorney outlined how Norman Palmer Jr., who had served honorably from March 1974 to October 1975, was subjected to repeated mismanagement by VA healthcare providers. Notably mentioned are Quenell Z. Douglas and Dr. Leela Nayak who were responsible for his care but allegedly failed to act on critical signs of illness over several months. The complaint highlights an incident where an EGD procedure recommended in July 2021 was only performed nearly a year later in June 2022.

Despite clear indications of worsening health conditions such as persistent hiccups and severe anemia episodes documented during various hospital admissions and clinic visits throughout late 2021 and into early 2023, necessary procedures like video capsule endoscopy were delayed significantly. It wasn't until May 30, 2023—almost two years after initial recommendations—that this crucial test was conducted. By then, it was too late; exploratory surgery revealed widespread peritoneal masses indicative of advanced cancer.

The plaintiffs argue these delays constituted gross negligence under the Federal Tort Claims Act (FTCA), resulting in unnecessary suffering for Norman and irreversible loss for his family. They seek compensation for past pain endured by Norman before his death as well as damages related to their emotional distress and loss following his passing.

Representing them are attorneys Michael J. Ecuyer and Elise W. Benezech from Gainsburgh Benjamin David Meunier & Warshauer LLC based out of New Orleans. The case ID is: 224cv02887.

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