In August 2014, Marine Corps veteran Jason Simcakoski of Stevens Point, Wisconsin, passed away of a drug overdose during his stay at the VA medical center in Tomah, Wisconsin. Simcakoski’s family filed a lawsuit against the government shortly after his death, and just last week it settled for $2.3 million. But what happened to lead to the overdose? Was the VA medical center responsible for the death?
In August 2014, Marine Corps veteran Jason Simcakoski of Stevens Point, Wisconsin, passed away of a drug overdose during his stay at the VA medical center in Tomah, Wisconsin. Simcakoski’s family filed a lawsuit against the government shortly after his death, and just last week it settled for $2.3 million. But what happened to lead to the overdose? Was the VA medical center responsible for the death?
For starters, Simcakowski was a Marine corps veteran who was honorably discharged back in 2002. Between 2006 and 2014, he was treated for a number of different conditions, and was eventually admitted to “the Tomah VA’s acute psychiatric unit on Aug. 10, 2014, then transferred to a short stay unit.”
Early in the morning on August 30, 2014, “he was so sedated he could barely speak,” according to the lawsuit. Additionally, his family alleged that “he was found unresponsive that afternoon” and passed away “after life-saving attempts were made, although they weren’t started for about 10 minutes after he was found.”
Later, an autopsy revealed that Simcakowski “died from mixed-drug toxicity,” and the “inspector general found that doctors who prescribed his medications failed to talk with him about the risks, and noted delays in the start of CPR and the lack of medication at the Tomah VA to reverse drug overdoses,” according to the lawsuit. It should also be noted that in 2015, a report from the inspector general “found that Tomah VA doctors commonly over-prescribed opioid painkillers, earning the facility the nickname ‘Candy Land.’”
Because of the autopsy and inspector general’s reports, Simcakowski’s widow and daughter decided to file a lawsuit, which was settled late last week and is awaiting a final approval from a federal judge. Of the $2.3 million, about $1.65 million will go to Simcakowski’s widow, Heather, and daughter, Anaya, while another $659,000 “will go into annuities for them.” Any remaining funds will go towards covering the costs of attorney fees and other expenses.
In addition to the settlement, the death of Simcakoski also prompted the “firing of the Tomah VA’s chief of staff, Dr. David Houlihan, who agreed this past January to surrender his medical license permanently.” In addition, Mario DeSanctis, the former head of the VA medical center, was also fired. However, he “fought his dismissal and eventually was allowed to resign.”
So how has the government responded? Did they take responsibility for Simcakowski’s untimely death? Not exactly. Despite the settlement, details of the agreement say “the settlement shouldn’t be construed as an admission of fault by the government, but avoids the expenses and risks of further litigation.” So while it was willing to agree to a settlement, the government is in no way claiming responsibility.
What do you think? Was the government at fault and should they be held accountable? What does this settlement agreement mean for others throughout the country that may be going through the same thing at other VA medical centers?
Sources:
Family of Marine Who Died at VA Hospital Gets $2.3M Settlement
Family of Marine who died in Wisconsin, VA hospital reaches $2.3 M settlement
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