Retired Sgt. First class Barbara Ospina spends most of her day in a wheelchair in unbearable pain due to an alleged failed surgery from 2013 that she received for a treatable condition at Wright Patterson Air Force Base
A US Army veteran who requested treatment for a birth defect before saying that her military doctors had given her a stroke and dislocated her neck is forced to fight veteran cases in court to cover the treatments she now needs.
Retired Sgt. First class Barbara Ospina spends most of her day in a wheelchair in unbearable pain due to an allegedly failed operation in 2013 and & # 39; overall poor care & # 39; she received for a treatable condition at Wright Patterson Air Force Base in southwest Ohio.
& # 39; Her story represents the gross behavior, consistent lack of care and malpractice at Wright-Patterson Air Force Base, & # 39 ;, Ospina lawyer, Natalie Khawam, told Military Times on Tuesday.
The 29-year-old married mother of someone served as an officer without government procurement for the Fifth Special Forces Group in Fort Campbell, Kentucky, early 2013, when she got headaches, tingling and numbness in her limbs and occasional blurred vision, letter of objection written by her husband in 2017 after the VA had refused his wife access to his caregiver program.
Ospina served as a non-commissioned officer for the Fifth Special Forces Group in Fort Campbell, Kentucky at the beginning of 2013, when she got headaches, tingling and numbness in her limbs and occasionally blurred vision
On April 16, 2013, Ospina, pictured here with her young son, traveled to Wright Patterson Air Force Base in southwest Ohio to undergo a corrective operation that would almost kill her, her lawyer says.
On April 16, 2013, the Ospina family took her to Wright Patt to undergo a corrective operation that, instead of almost helping her, they claim.
She was later diagnosed with a paralyzed skull nerve that left her blind in her left eye, which was swollen shut, according to medical records.
After she recovered, the head of Ospina also continued to lean on her left shoulder, her lawyer told Military Times.
The VA argued that the condition of Ospina was caused by a medical condition that Arnold Chiari 1 was deformed, rather than injury caused by her doctors, according to her husband's VA letter.
After enduring nearly two months of constant pain and paralysis, the Ospina family took her to Northwestern Memorial Hospital in Chicago in June 2014, where a surgeon told her that the surgery she had undergone at Wright Patt had dislocated her neck , which caused her to have a neck stroke
& # 39; Its current condition is due to injuries sustained by medical malpractice by a military neurosurgeon, military nurses, and the overall terrible care she has received at Wright-Patterson Air Force Base, & # 39; said Khawam.
Wright Patt spokesman Johnny Van Winkle cited privacy restrictions for health information and declined to comment on the allegations.
Ospina's medical nightmare had just begun.
Later doctors gave her an MRI to examine her brain. They said she had to be without oxygen for an hour, even though the married mother was crying and telling the medical staff that she needed oxygen to breathe, Khawam said.
Shortly after the brain scan, doctors were forced to put Ospina on a ventilator to help her breathe, preventing her from eating or talking for a month.
Ospina was allowed to retire in July 2016 after a military service investigation had determined that she was permanently disabled due to her medical condition. She is unable to prosecute the army for damages because of a Supreme Court ruling known as the Feres doctrine
On April 21, the medical team told the family of Ospina that she had suffered a stroke, which her husband said had gone unnoticed for more than a day, even though his wife would receive neurological checks every hour & # 39; .
& # 39; This led to extensive brain damage and almost to her death, & # 39; he noted in his VA letter of objection.
The Wright Patt team eventually brought Ospina to the Miami Valley Hospital in Dayton, Ohio, where a surgeon had to remove part of her skull to relieve pressure on her swelling brain.
After enduring nearly two months of constant pain and paralysis, the Ospina family took her to Northwestern Memorial Hospital in Chicago in June 2014.
A surgeon there told her that the operation she had undergone at Wright Patt had dislocated her neck, according to Khawam.
The American rep. Jackie Speier (D-California) a law that would exempt medical malpractice from the so-called Feres doctrine. If it is signed in law, people like Ospina can claim (legal) compensation for alleged medical malpractice by the military
The doctor also said he believed that Ospina's stroke was the result of dislocating her neck, theoretically that the trauma had caused a tear in the inner wall of her vertebral artery, where he said a clot blocked blood flow to her brain.
& # 39; This is not from Arnold Chiari. This comes from the neurosurgeon who disrupted Barbara & # 39; s neck on C1-C2 during surgery, & # 39; her husband wrote. & # 39; He not only injured Barbara & # 39; s neck, but he didn't tell anyone. & # 39;
Parts of the skull of Ospina were removed again in August 2014 before being replaced by a ceramic device. Three months later she underwent an extra operation to melt her neck.
Ospina was allowed to retire in July 2016 after a military service investigation had determined that she was permanently disabled due to her medical condition.
However, the VA refused to give her access to her care provider program a month later.
The health care program would have raised up to $ 30,000 per year for a family member to take care of Ospina full time. But VA spokeswoman Susan Carter is designed for soldiers who have suffered a brain injury, psychological trauma or mental disorder, in line with their duty in the active army.
According to her husband, the army doctor still suffers from paralysis and chronic pain because of her & # 39; treatment & # 39 ;.
As a result, & # 39; Barb has been left behind to pay for her own caregiver from her VA disability pay check, & # 39; said Khawam.
If Ospina had received her first surgery at a civilian hospital, she could have sued her medical caregivers for the alleged negligence that almost ruined her life, but the US Supreme Court ruling in 1950 against Ospina and Feres, military personnel of suing it US Department of Defense for service-related illness.
But the legal obstacle can be removed soon.
The American rep. Jackie Speier (D-California) a law that would exempt medical malpractice from the so-called Feres doctrine. The measure has been added to the most recent bill for national defense.
The resulting SFC Richard Stayskal Military Medical Accounting Act of 2019 would allow service members or their families to prosecute the US for damage resulting from personal injury or death resulting from & # 39; negligent or unlawful act or omission & # 39 ;, arising from healthcare, in addition to examinations or clinical trials.
& # 39; This is another example of why the Feres doctrine needs to be changed & # 39 ;, Khawam said to the Military Times. & # 39; Our troops and veterans earn much better, especially after they have proudly served our country. & # 39;
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