QUESTION
What can I do if I just found out 20 years after the fact that I had Peritoneal Mesothelioma and the Army and VA NEVER told me?
Asked on Dec 14th, 2012 on Personal Injury - California
More details to this question:
I was in the Army and had my spleen removed in 1992. Whenever I inquired to the results of the pathology report I was told it was not complete. When I put in my VA Compensation Claim I was told that the pathology report could not be located. Over the past 20 years, my medical records show that I did not know what was wrong with my spleen aside from it being a tumor or cyst. While preparing a VA Compensation claim for another illness I had to go back and show that problems started in or near the time I left the service as my medical records from the Army are missing. Imagine my shock and surprise when I read that the VA had contacted the Army surgeon who told him that the pathology came back as Peritoneal Mesothelioma. The VA dr. then spoke with a VA oncologist who stated that I should be just fine, as the spleen had been removed. No one bothered to ever tell me, and VA information states that chemotherapy should be administered for 6 months and then follow up after. I've also ready that mesothelioma has a 20-50 yr. latency period. Could it come back 20-50 yrs later? I am told that despite not being told, it is too late to do anything about it. Is this true?
8 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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VA is only folk who would likely have an answer.
Answered on May 23rd, 2013 at 9:46 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No.
Answered on May 23rd, 2013 at 9:00 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If your Mestothelioma is a result of exposure to some agent such as asbestos, you may have a lawsuit against the manufacturer. The fact that you may have been diagnosed years ago could pose a problem. You should contact an attorney that practices in this area of law to discuss the specific facts of your case. If you cannot find one, a local personal injury attorney might be able to help you find one.
Answered on Dec 19th, 2012 at 1:14 AM
Professional Liability Attorney serving Brookline, MA
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Law Office of Robert Stolzberg
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You have to ask a doctor not a lawyer about your risk. Generally speaking, you have 3 years from the date you discovered that a doctor committed malpractice to bring a suit against him, so if there was malpractice and if there is a significant injury from it, you might still be able to sue.
Answered on Dec 18th, 2012 at 5:44 AM
Disability Law Attorney serving Marshall, TX
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Carlile Craig, L.L.P.
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Mesothelioma is a very rare and deadly cancer. If it was, in fact, peritoneal mesothelioma you are extremely lucky to be alive. You are also eligible for monetary compensation for your illness.
Answered on Dec 17th, 2012 at 4:29 PM
Ronald A. Steinberg
Are you telling me that OUR government screwed you? I can't believe it. What about the GI's that were exposed to radiation from an atomic bomb test in Nevada in the 1950's, or the withholding of penicillin from black soldiers that had syphilis? Write to your congressman; write to the newspapers and to 60 Minutes. Make a big stink about it. Make the creeps that withheld the information from you squirm. As to the latency period, I know nothing.
Answered on Dec 17th, 2012 at 4:28 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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If it hasn't come back, then you don't need to do anything. Have a serious talk with a VA doctor about your concerns. VA hospitals have a "case manager" or "ombudsman" or "patient advocate" who will help you make sure you have the care you need. Once you have a clear idea of what it is you need to do medically, if the VA does nothing but give you the run-around, then contact your local member of Congress. Most of them have a staff person whose job it is to help vets get what they are entitled to. And seriously, we can't say this too many times.
Answered on Dec 17th, 2012 at 2:36 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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If you just discovered that fact you should contact firm that deals exclusively with asbestos claims and Mesothelioma. However, do not delay contacting counsel because there are some things they must do immediately.
Answered on Dec 17th, 2012 at 2:09 PM