How many times have you been told that HCV is not a “robust” virus? That it cannot be transmitted via sex or jetguns? That it’s highly improbable that any Veterans ever picked up this bug in service in spite of an infection rate far higher than their comparable civilian cohort?  If you don’t clean the gear, anything’s possible. If they were using it on a Vet with HCV before you, the chances of you getting it are pretty good. In fact, it’s actually plausible. That’s what the Judge said to vA’s chagrin and disbelief.

Air Force Veteran Robert Metzler had one of those delightful butt-tractor excursions in 2007. Oddly he didn’t have the hep. the year before as documented by testing but once apprised of the not-so-sanitary practices of the vA, a retest after the colonoscopy revealed it in full bloom.

vA, true to their roots, denied any complicity and mouthed the usual platitudes. Invoking Immaculate Conception, or, on the other hand, perhaps some risqué, extramarital sex with the “other” woman, they took the path of pious innocence. “Not it!” they chortled in unison.

One thing we all seem to forget. No hospital or medical complex is immune from the deprecation of ignorant or misbehaving individuals. As evidenced by the events in Exeter, New Hampshire, any medical enterprise is subject to sabotage. As much as vA is touted as having cutting edge medicine and outstanding resources, I’m living proof that you don’t always get the Numbah 1 surgeon, G.I. Mr. Metzler likewise ended up on the wrong end of the butt periscope. It does not surprise me that vA was able to fabricate another impenetrable wall  of innocence. This they do with utter regularity as evidenced by the plethora of them we regularly read about in BvA decisions. This time it was different.

Dr. David Nelson, a board-certified doctor in internal medicine, testified that “there is less than a 0 percent chance” Metzler contracted hepatitis through his colonoscopy, according to the ruling. But the judge, despite acknowledging that VA records “strongly suggest” Metzler couldn’t have been infected by the colonoscopy, said the veteran had no other risks associated with contracting the virus.

Because the action was brought before the US. District Court, they couldn’t depend on their own BvA judges to rubber stamp it with a denial. Likewise, without the CAVC as an  backstop to affirm it,   Judge Jordan turned the proceedings on their ear and ruled in favor of Metzler.

What is unfortunate is what I discovered. Absent an attorney willing to carry the water, many of these adjudications never see the light of day. The propensity of these judges to award paltry sums as they did here scares away attorneys who are leery of the same. Why fight for several years for four hundred thousand dollars when you expend a hundred thousand on overhead and a doctor to testify in your behalf? The money simply isn’t there. Had Mr. and Mrs. Metzler received the $30 million asked for, attorneys would perk up and take notice. So would the vA.

My prospective attorneys looked at my case and logically determined a District Court Judge would examine the facts and determine I wasn’t going to be around for much longer and might award $250 to $500 K-hardly worth the effort even if we won. Justice was thwarted and vA won by default. Here, they didn’t in spite of their typical “It is not at least as likely as not that the HCV was contracted at the pristine facilities vA regularly maintains for its veterans at vAMC facilities.” This is one of those lovely occasions where the nexus letter blew up like an IED to their utter surprise. I’ve never met a doctor willing to go so far out on a limb and declare there was virtually 0% probability. He was paid well. He went above and beyond the call and proclaimed “less than 0%“. Pray, tell us of this negative integer and the percentage in  a negative integer probability index.

Whenever someone tells you you are blessed to be receiving care at a vAMC, print a copy of the pictures below and remind them this was the third surgery to “get it right”. The one below that is the forth surgery that positively, beyond the shadow of a doubt , for sure got it right and no kidding this time. Print a copy of the Military.com article and point out the vA’s “nexus letter”. This is absolutely asinine on its face. Why send out letters saying “Gee, Bob. It appears we may have given you the bug on your last butt TV episode but hold tight. We’re cranking out a good letter absolving us. Get the test just for shits and grins, but remember-we’re blameless and we’ll have documentation on that if you choose to sue. Not it!”