Case against VA nursing assistant settled after summary judgment denied – $495,000 Settlement

Plaintiff was an Iraqi War veteran who suffered from PTSD. Plaintiff went to the VA Medical Center in Washington to receive treatment for the PTSD. Plaintiff was admitted to the psychiatric floor of the VA.

While at the VA, plaintiff got into a verbal argument with a nursing assistant about his sleeping accommodations. The VA police were called. Plaintiff spoke with the VA police and agreed to go to the quiet room. Plaintiff was physically restrained by the VA police when a nursing assistant yelled to take plaintiff to the ground. A nursing assistant pushed the VA police and plaintiff to the ground. The assistant then fell on the plaintiff’s back and neck, and he ordered the remaining nursing assistants to drag the plaintiff, spread eagle, to the quiet room.

As a result of the altercation, plaintiff suffered a cervical fracture that required surgery. He also sustained injuries to his shoulder, ribs and elbow. The rehabilitation from the cervical fracture took many months.

Defendant filed for summary judgment, arguing that plaintiff’s claim was barred. Generally, Congress has not waived sovereign immunity for intentional torts. It has, however, waived sovereign immunity for intentional torts committed by VA health care employees while those employees are furnishing medical care and treatment. Judge Claude M. Hilton denied defendant’s motion, finding that the nursing assistants were furnishing medical care and treatment when they battered plaintiff.

The case settled at mediation shortly after summary judgment was denied.

[15-T-091]

Type of action: Personal injury – battery
Injuries alleged: Cervical fracture; injuries to shoulder, ribs and elbow
Name of case: Yanni v. U.S.
Court: U.S. District Court, Alexandria
Case no.: 1:14-cv-967
Resolved by: Mediation
Mediator: Theresa Carroll Buchanan
Date resolved: July 1, 2015
Special damages: $164,825.18 in medical bills
Verdict or settlement: Settlement
Amount: $495,000
Attorneys for plaintiff: Charles W. Sickels and Matthew C. Perushek, Fairfax
Attorney for defendant: U.S. Attorney for the Eastern District of Virginia
Plaintiff’s expert: Dishartha Chandela, M.D.
Defendant’s expert: Perry Richardson, M.D.