Blind Veteran Settles Lawsuit with VA Hospital

David E. Woodward Sr., 87, will be paid a settlement of $250,000 by the federal government due to the negligent treatment that allegedly resulted in his blindness in the Palo Alto veterans hospital, as reported by the San Jose Mercury News.

The lawsuit was filed against the U.S. government in March.  Woodward is just one of eight VA eye patients that were told by hospital officials in 2009 that they had received improper care - that may have caused their blindness.

An internal review - conducted by the VA from February to May of 2009 - prompted notification by letter to 381 patients that either had glaucoma, or were at risk for the disease.

Glaucoma is a leading cause of blindness.

Dr Stephen C. Ezeji-Okoye, the chief of staff at the VA Palo Alto Health Care System, wrote in his letter to Woodward on August 8, 2009, "We have recently reviewed your eye care and determined that some of the vision loss you suffered may have been preventable had you received a different course of therapy."

The key item that was uncovered during the VA's own investigation was that the hospital's optometrists were instructed by internal policy to have every patient with glaucoma overseen, and reviewed, by an ophthalmologist - and had failed to do so in all 381 cases.

As a result of this information, the VA's optometry section has now been moved under the ophthalmology section to be more closely supervised.

For Woodward, his records show that he was diagnosed as a glaucoma "suspect" in August of 2004.  He had visits, and assessments, but he never received treatment for onset glaucoma in 4 1/2 years.

The lawsuit claimed that this omission of medical treatment caused Woodward's legal blindness.  Coupled with this disability, Woodward also suffers from physical and emotional pain, anxiety and depression.

Kim Staskus, Woodward's attorney, said that though the U.S. government did not admit their responsibility that "You can draw your own conclusions.  They paid some substantial money" and that the $250,000 amount he will be paid "speaks for itself."

In regards to why Woodward preferred the settlement over a the possibility of a lengthy trial Staskus said, "He's 87 years old and he wanted to enjoy the next couple of years of his life and not spend it in the courtroom."

Spokesperson for Palo Alto veterans hospital, Kerri Childress, said that as a result of the VA's own investigation, they have "now ensured the proper care for every other veteran receiving eye care."  She could not comment directly on Woodward's settlement.

The California Optometric Association has argued that optometrists are now treating glaucoma patients in most states. The California Academy of Eye Physicians, representing ophthalmologists, is currently fighting state regulations to allow more optometrists to treat glaucoma patients.

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