An Atlanta family was awarded $8.7M last week after Jessie James Anderson, a U.S. Army veteran, died from veteran medical malpractice almost eight years ago. Anderson underwent surgery at the Atlanta VA Medical Center and died after a nurse’s feeding tube error. The wrongful death case, which was heard in the U.S. District Court for the Northern District of Georgia, led to a long and complex legal fight about the government’s failure to care for its veterans and its discovery violations.
U.S. District Judge Amy Totenberg determined that the VA failed to provide competent and coordinated care— from inadequate medical supervision to a doctor forcing a nurse to perform a procedure she wasn’t trained for —and it directly contributed to Anderson’s death. Judge Totenberg in her ruling described Anderson’s final moments as “terrifying” and that the incident amounted to “grievous malpractice.” She said that the doctor insisted that the nurse insert a feeding tube after surgery which affected his ability to swallow. The nurse had neither been trained in the procedure nor had she never done it before. According to court documents, Anderson’s feeding tube became dislodged and the attending medical resident, Dr. Jamis Gouge, insisted that Nurse Pamela Brown reinsert the tube, despite her protests. Matt Cook, the attorney for Anderson’s family, said the doctor was known for having a bad attitude and was “passed on to another medical program.” The doctor is not a party in the case, according to The Atlanta Journal-Constitution.
After the nurse incorrectly placed the tube into Anderson’s windpipe, he suffocated, lost consciousness and died two days later when life support was withdrawn. Anderson was 70 years old and was expected to live another five to 14 years “but for his disastrous medical treatment on November 16, 2016”, said Cook. Anderson had served three tours in Vietnam, where he was exposed to Agent Orange. He later worked as a skilled stonemason, was known for his contagious laugh, generosity, and unwavering commitment to helping other veterans, according to court documents. Webb Anderson, his son, testified that his father completely trusted the VA medical system.