Facts

Chad Simmons sued the United States under the Federal Tort Claims Act.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he was an Army veteran, who on Feb. 20, 2011, presented to the U.S. Department of Veterans Affairs Palo Alto Health Care System complaining of hearing blood rushing through his left ear. He also noticed a disturbance in his right eye. He received a diagnosis of ocular migraine and left ear infection. On Feb. 23, he followed up with internal medicine at the VA, complaining of sleep issues and hearing heart palpitations. On Feb. 27, he returned to the VA complaining of numbness on his left side, clenching of his left hand, and weakness in his left leg, as well as a headache. He also informed the VA that he had fainted the day before. Despite his complaints, the VA sent him home. On March 1, he presented to the VA emergency room. He was admitted, but despite concerns of a stroke, the VA did not give him any new medication. The VA also did not initiate treatment for his neurological issues. The next day, while waiting an MRI, plaintiff suffered a massive stroke. On March 8, he suffered a second stroke and was subsequently transferred to Stanford Medical Center for further treatment. On March 11, he was transferred back to the VA. On March 28, he was discharged. Plaintiff alleged that the multiple strokes he suffered were preventable. He argued that the VA was liable for his damages due to medical negligence.

DEFENDANT'S CONTENTIONS:
Defendant denied plaintiff's allegations, and asserted that the VA acted within the standard of care. Defendant also alleged that plaintiff's stroke was not preventable.

Settlement Discussions

Simmons demanded $2,367,061 in settlement, which the U.S. countered with a $100,000 offer.

Injuries

Simmons suffered multiple strokes that left him with numbness on his left side, a facial droop, and an "alien hand." Plaintiff claimed he also suffered from episodic crying as well as cognitive and memory problems. Plaintiff claimed the strokes also caused his behavior to change.

Result

The parties agreed to a $950,000 settlement in mediation.

Other Information

FILING DATE: Feb. 25, 2013.