1/12/13 1:42 PMFirst Miami VA Colonoscopy Case Headed To Trial « CBS Miami

Page 1 of 4http://miami.cbslocal.com/2011/07/11/first-miami-va-colonoscopy-case-headed-to-trial/

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Related TagsColonoscopy, Hepatitis C,Medical MalpracticeLawsuit, Miami, Miami VAHealthcare Center, RobertMetzler, U.S. District JudgeAdalberto Jordan, VAHospital

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MIAMI (CBS4) — The case of a $30 millionmedical malpractice lawsuit filed against theMiami VA Healthcare Center headed to Miamifederal court Monday.

Coral Gables veteran Robert Metzler filed thesuit against the Miami VA after he claimed tohave contracted Hepatitis C as a result ofimproper sanitation practices.

But Metzler’s attorney said that the case isbigger than just this claim.

“We’re hoping that at the end of this case, about five days from today(Monday), that we will have the type of verdict necessary to make surethis type of problem never happens again and that all veterans getproper healthcare at the Veteran’s Administration hospital,” saidMetzler’s attorney Ervin Gonzalez.

First Miami VA Colonoscopy Case HeadedTo TrialJuly 11, 2011 5:21 PM

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1/12/13 1:42 PMFirst Miami VA Colonoscopy Case Headed To Trial « CBS Miami

Page 2 of 4http://miami.cbslocal.com/2011/07/11/first-miami-va-colonoscopy-case-headed-to-trial/

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Metzler’s case started on June 13, 2007, when he underwent acolonoscopy at the Miami VA. On March 23, 2009, he was notified byletter from the Department of Veterans Affairs that he should be testedfor certain blood borne illnesses, including hepatitis, because somemedical equipment used in the endoscopies and colonoscopies at theVA were not properly sanitized between patients.

After he received the letter, Metzler was tested and found to haveHepatitis C.

Metzler’s medical malpractice suit against the VA asks for $20 millionfor him and $10 million for his wife, Lucy Ann, for loss of consortium.It’s set to go before U.S.District Judge AdalbertoJordan.

Miami Assistant U.S.Attorney Lawrence Rosen,who’s defending the VA,declined to comment onthe case. Court documentshe filed in the caseacknowledge the VA“breached” a “duty ofreasonable care” with thevets by using improperlycleaned equipment, butdeny the equipmentcaused the healthproblems.

This could be the first of dozens of similar trials. More than 11,000 U.S.veterans received colonoscopies with improperly sterilized equipmentat VA hospitals in Miami, Murfreesboro, Tennessee and Augusta,Georgia between 2004 and 2009.

Of the veterans who had the procedure at the three facilities, five havetested positive for HIV, 25 for hepatitis C and eight for hepatitis B.

In Miami, 11 additional suits charging emotional distress have beensettled out of court for undisclosed amounts, the U.S. Attorney’s officesaid. Nine malpractice suits have been filed in Tennessee. Officials inGeorgia couldn’t say how many have been filed there. None has goneto trial until now.

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1/12/13 1:42 PMFirst Miami VA Colonoscopy Case Headed To Trial « CBS Miami

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This is the new Ghetto lottery. Bankrupt the very system that gives you free

medical care.

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1/12/13 1:42 PMFirst Miami VA Colonoscopy Case Headed To Trial « CBS Miami

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