Family of World War II Vet Fatally Punched at VA Home Can Sue: Court

A panel of three Michigan Appeals Court judges said the family of a World War II veteran who was beaten to death at the Grand Rapids Home for Veterans in 2012 can sue the institution.

The estate of Andrew Robinson Ball, 84, sued the home and the Michigan Department of Military and Veterans Affairs, arguing the staff failed to protect Ball, who suffered Alzheimer’s disease, from another Alzheimer’s patient, MLive/The Grand Rapids Press reports.

Ball reportedly walked into the other resident’s room and tried to crawl into his bed, promoting the fatal punch. He died four days later of blunt trauma. Forensic pathologist Dr. Stephen Cohle had ruled the death a homicide, but the resident who punched Ball was not criminally charged after the Kent County prosecutor’s office determined his dementia had progressed to the point that he likely wouldn’t remember the incident.

“Both Mr. Ball and the suspect had honorably and proudly served our nation during World War II and both had been fortunate enough to have survived and have lived long and productive lives,” Forsyth told MLive/The Grand Rapids Press in 2012.
“Regrettably, late in life, Alzheimer’s robbed them of their dignity, their independence and their memories,” he continued. “In reality, it stole from them, their family and their friends, the essence of who they were.”

Ball’s daughter, Deborah Keyworth, told the newspaper that she said she understood the decision not to charge the man who fatally struck her father, but questioned whether the Veterans Home was taking the steps it should to protect similarly situated patients.

The Michigan Attorney General’s Office argued against the lawsuit moving forward and said the state was statutorily protected. But the panel of judges disagreed in their ruling upholding a decision by the lower court.

The Michigan Court of Claims agreed the government is immune from lawsuits when engaging in government functions, but not from the claims of medical negligence. In his dissent, Appeals Judge Joel Hoekstra said that because the lawsuit doesn’t allege medical malpractice, but raises issues about the general actions of government employees, the state should be immune.

» Read the majority opinion and the dissent.

The Michigan decision comes on the heels of the release Wednesday of a scathing report by the Department of Veterans Affairs Office of inspector General blasting “clinically significant delays” in care to 28 veterans, including six who died at VA home in Phoenix, CNN reports. The review also included 17 patients who received poor care, including 14 who died.

Investigators couldn’t conclusively link the veterans’ deaths to the delays, but said the reviews documented poor quality care.

The report was the latest in a string of complaints about the care veterans receive in government-run care facilities. A November CNN investigation found that at least 19 veterans across the country had died because they had been forced to wait for routine medical screenings, such as endoscopies and colonoscopies.

According to a June 9 internal audit of hundreds of VA facilities, nearly 64,000 veterans seeking VA care over the past decade have yet to see a physician.

On Tuesday, President Barack Obama pledged to “get to bottom” of the “outrageous and inexcusable” issues revealed in the Inspector General’s report.