http://www.veteransforcommonsense.org/articleid/9448VCS and VUFT Press Release: Court Hearing Set for March 3 in Lawsuit Against VA
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Paul Sullivan and Bob Handy
Veterans for Common Sense and Veterans United For Truth
Feb 28, 2008
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MEDIA ADVISORY: FEBRUARY 28, 2008
FEDERAL COURT TO HEAR TESTIMONY ABOUT BREAKDOWNS IN VA HEALTH DELIVERY SYSTEM
Contacts:
* Paul Sullivan, Veterans for Common Sense, (202) 558-4553
* Robert M. Handy, Veterans United for Truth, (805) 455-5259
* Gordon P. Erspamer and Heather A. Moser, Morrison & Foerster, (925) 295-3341 and (415) 268-7091
* Sidney M. Wolinsky, Disability Rights Advocates, (510) 665-8644
WHAT: Hearing with Witnesses on Plaintiffs’ Motion for Preliminary Injunction
WHO: Before Senior Judge Samuel Conti, United States District Court, Northern District of California.
WHEN: Beginning Monday, March 3, 2008 at 9:30 a.m.
WHERE: Federal Courthouse, Courtroom #1, 17th Floor, 450 Golden Gate Avenue, San Francisco, CA
Beginning Monday, March 3, and continuing throughout the week, Senior Judge Samuel Conti will hear testimony from witnesses concerning Department of Veterans Affairs (VA) neglect of veterans who have shown a potential for committing suicide. Opening statements from both sides shall precede testimony. This unusual hearing stems from the filing by Veterans for Common Sense (VCS) and Veterans United for Truth (VUFT) of a Motion for Preliminary Injunction. The motion asks the Court to order the VA to immediately screen and treat all potentially suicidal veterans.
Veteran suicides have reached an epidemic level, with approximately 120 veterans taking their own lives every week. Despite these numbers, the VA argues that veterans are only entitled to health care if the VA decides to provide it, and that veterans lack “entitlement” to any health care. The judge has convened the evidentiary hearings to assist in his decision on the Preliminary Injunction.
In January, the Court cleared the way for this major national class action lawsuit on behalf of disabled veterans to directly challenge the VA failings. The ruling affirms the rights of veterans with Post Traumatic Stress Disorder (PTSD) to sue in federal court over the lengthy waiting times that veterans face in receiving needed mental health care, the huge backlog of disability claims, and the inadequacy of care for veterans returning from Iraq and Afghanistan. The complaint, filed in the United States District Court in July, seeks a judicial finding that the VA’s system of handling claims and appeals is so dysfunctional that it violates veterans’ constitutional and statutory rights. The suit also calls for court orders requiring the VA to provide immediate medical and psychological help to returning troops and to screen them for risk of suicide. For more information about the lawsuit, please go to this web site: www.veteransptsdclassaction.org.
PTSD is a psychiatric disorder that can develop in a person who witnesses or is confronted with a traumatic event. PTSD is the most prevalent mental disorder arising from combat. The suit claims that numerous VA practices violate the constitutional and statutory rights of veterans with PTSD by denying veterans adequate procedural safeguards in VA benefits process, access to the judicial process, and mandated medical care.