Parents Of Young Veteran Who Committed Suicide Settle South Carolina Federal Wrongful Death Medical Malpractice Action Against VA For $ 900,000 Following Motion For Sanctions
Lance Corporal Jason S. Roth served in the Marine Corp during the war in Afghanistan until his honorable discharge on July 27, 2012. While in Afghanistan, Jason was the target of an improvised explosive device (IED) and was subsequently diagnosed with a traumatic brain injury (TBI) and post-traumatic stress disorder (PTSD). On Nov. 17, 2013, he committed suicide at the age of 24 years old.
His parents, Cindy and Richard Roth, claimed that the negligent medical treatment of Jason by the U.S. Veterans Administration (VA) caused his death. Specifically, Jason was initially placed on a long waiting list for TBI treatment and was subsequently taken off that list by a VA medical employee, who never spoke with Jason but had only reviewed his battlefield medical records. Additionally, the Roths claimed that when Jason was a no-show for an appointment, VA staff made no effort to reach out to his father, his designated care partner, and failed to monitor Jason's PTSD medications. The Roths also claimed that Jason's primary care medical provider at the VA failed to communicate with his mental health care providers regarding his non-compliance with taking prescribed medications.
The Roths filed a medical malpractice wrongful death action against defendant United States of America on Dec. 17, 2015, in the United States District Court for the District of South Carolina. On May 25, 2017, plaintiffs filed a motion for sanctions against defendant, claiming that defendant had produced a letter allegedly sent after the no-show appointment. Plaintiffs claimed that the letter had actually been addressed and sent to a different veteran and had fraudulently been passed off as having been sent to Jason. While that motion was pending, on June 19, 2017, Judge Henry M. Herlong, Jr., approved the parties' settlement in the amount of $ 900,000.
Plaintiffs were represented by William W. Wilkins and Burl F. Williams of Nexsen Pruet, LLC. Defendant was represented by Terri Hearn Bailey of the U.S. Attorney's Office.
The full summary, including expert information, can be viewed here: Cindy A. Roth, Richard D. Roth, and the Estate of Jason S. Roth, by its personal representative, Cindy A. Roth, v. United States of America; 2017 Jury Verdicts LEXIS 1811
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