Quote:
Army veteran Juan Rivera reported to the veterans hospital in Miami for a routine colonoscopy in May 2008. Almost a year later, the 55-year-old father of two learned that the Department of Veterans Affairs had not properly sterilized the equipment used for the procedure.
A test then revealed that he had been infected with HIV. "The VA has issued me a death sentence," Rivera said, according to his attorney.
A problem with sterilization practices at a VA facility in Tennessee was discovered in December, and the department has notified more than 11,000 veterans who had endoscopic procedures at three of its facilities that they may have been exposed to cross-contamination. VA has advised them to return for testing.
As of Aug. 3, eight of those patients have tested positive for HIV, 12 for hepatitis B and 37 for hepatitis C, according to VA.
Rivera, who served in the Army for 13 years and drives a truck for the U.S. Postal Service, filed notice last month of his intent to sue VA. The administrative claim, filed with VA under the Federal Torts Claim Act, says his infection was caused by the department's failure to clean its equipment and to follow proper procedure.
"He's angry, stunned and distraught that the government he served so well for so long has done this to him," said his attorney, Ira Leesfield.
Lawyers predict that Rivera's case marks the beginning of a rush of lawsuits against VA alleging negligence in the handling of medical equipment.
Yep, I can't wait for the feds to be in charge of my health care.