Legal Memo Assignment Scenario This week you met a new client, Linda William, the wife of a now deceased Vietnam Era veteran. Linda shared with you that her husband, John William, was a Staff Sergeant in the United States Army, and deployed to Phan Rang, Vietnam from 1968-1969, with the 101st Airborne Division, as a Combat Medic in support of the Tet Offensive. While SSgt. William returned home safely; he was repeatedly exposed to Agent Orange while in Vietnam. Exposure to Agent Orange has been linked to increased risk of cancers and other illnesses in later life, including Diabetes Mellitus, Parkinson’s Disease, Prostate Cancer, among others. Many years after Vietnam, Mr. William was diagnosed with diabetes, and received continued treatment by the Department of Veterans Affairs (VA) for his diabetes. During an annual physical, blood tests revealed Mr. William’s PSA levels were extremely elevated, which alerted his doctor that Mr. William should have a follow-up blood test a month later. Unfortunately, due to a clerical error, it would take an additional six months before Mr. William would be scheduled for another blood test. Following this second test, his PSA levels registered even higher than before, but Mr. William was not made aware of the results, and his doctor never contacted him, a clear violation VA hospital policy. However, his doctor did notate Mr. William’s medical records, indicating he was at a high risk for prostate cancer, and that a biopsy was needed immediately. Although Mr. William continued to receive care and treatment at the VA, it took his doctor two years to schedule a biopsy. Following the biopsy, Mr. William tested positive for an aggressive form of prostate cancer, common in Vietnam veterans exposed to Agent Orange, and that he would need to undergo surgery to remove his prostate immediately. While his doctor was hopeful, he did acknowledge to Mr. and Mrs. William that due to the delay in treatment for two years, and the aggressive nature of the cancer, the outlook was not positive.
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