Family Awarded $8.7M for Medical Malpractice in Veteran’s Death

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the tube into Anderson’s windpipe, he suffocated, lost consciousness and died two days later when life support was withdrawn.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.

Delayed Justice and Withholding Evidence

Anderson died in 2016—almost eight years ago. What took so long?

The federal government finally admitted liability in June 2024. For years its mandate was to deny responsibility and withhold key evidence. But internal investigations had already determined that Anderson’s care was far below acceptable standards.

Judge Totenberg in August 2024 sanctioned the government for what she described as a “lengthy course of concealment,” and accused officials of hiding key witnesses, misleading their own expert consultants, and delaying the truth.  Cook accused the government of stalling the case on purpose. “This outcome came so unnecessarily late because of the government’s shenanigans…They knew they were to blame from the start,” he said, and reported by Lawyer Monthly.

According to one law firm, the Department of Veterans Affairs and its legal counsel engaged in egregious discovery violations that significantly hampered the plaintiffs’ ability to prosecute their case throughout the litigation. And the government failed to comply with court obligations. The court discovered misconduct, including withholding critical documents, failing to disclose key witnesses, and improperly claiming privilege over internal investigations.

The court found that this discovery misconduct was not only a violation of procedural rules but a failure of the government’s responsibility to act in good faith. When a new government counsel took over in early 2024, they admitted to liability, but it was far too late.

The Anderson v. United States case shows how the government’s care for its veterans and its compliance with judicial processes has serious shortcomings. Despite it finally admitting liability, this case tragically shows how institutions, such as the VA hospitals, have failed veterans.

The case is Anderson v. United States (Civil Action No. 1:21-cv-03226-AT).