VA accused of covering up patient cause of death

SHERIDAN (WNE) — A lawsuit filed in federal court last week alleges staff members at the Sheridan Veterans Affairs Medical Center covered up the true cause of death of a resident of the facility in 2020.
According to the complaint filed by Barbara Pierson, personal representative of the estate, Navy veteran John A. Behles “suffered a catastrophic or traumatic event — likely either an assault or a drop/fall from a patient lift — that resulted in a severe traumatic head injury.”
The cause of death for Behles, though, was listed as bronchopneumonia.
The lawsuit states Behles suffered the injury June 9, 2020, and died June 10. 
Staff members at the VAMC reported to 911 and later documented that Behles had fallen from his bed, but the lawsuit claims that was impossible “because the bed was in the low position surrounded by pads, and with the rails up.” 
In addition, reports from the VA state Behles was found near the bathroom in his room, not next to the bed.
In addition, the complaint filed indicated a VAMC nurse separately called the Sheridan County Sheriff’s Office to report that the patient’s injuries were not consistent with a fall and that VAMC staff cleaning up a pool of blood from the fall was suspicious.
As a result of the call, the VAMC police investigated the incident and, according to court documents, also found evidence of a cover-up of the true cause of Behles’ injuries.
“Plaintiff believes, and is otherwise informed, that Behles’s traumatic injury was the result of either an assault or being mishandled or dropped by a VAMC staff member, resulting in a coordinated, concerted and organized cover-up of the facts surrounding the incident by various members of VAMC staff,” the court case alleges.
A letter dated May 6, 2022, from the U.S. Department of Veterans Affairs states the VA has thoroughly investigated the facts and circumstances surrounding the claim, which were originally received by the VA July 6, 2021.
“Our review concluded there was no negligent or wrongful act on the part of any employee of the Department of Veterans Affairs (VA) acting within the scope of employment that caused compensable harm,” the letter from the VA states.
Pierson is seeking a trial and damages not to exceed $11 million, according to the complaint.
 
This story was published on Oct. 24, 2022.