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In July 2007, Attorneys at Morrison & Foerster LLP  filed an unprecedented national class action lawsuit alleging “shameful failures” by the U.S. Department of Veterans Affairs  and other government institutions to care for those veterans who have returned from Iraq and Afghanistan and are now suffering from post-traumatic stress disorder (PTSD). 
The action was brought on behalf of veterans and their families seeking or receiving death or disability compensation for PTSD, as well as those who have pending claims or who have applied for VA medical benefits based upon the disorder.  The complaint was filed in the U.S. District Court, Northern District of California.

Morrison & Foerster estimates the class size as between 320,000 and 800,000 veterans, by multiplying the number of military personnel serving in Iraq and Afghanistan (1.6 million) by the estimated percentage of PTSD amongst the returning troops (20% to 50%).  The non-profit Veterans for Common Sense and Veterans United for Truth are among the plaintiffs.

Defendants include R. James Nicholson, Secretary of the VA (who resigned on July 17); Alberto Gonzales, Attorney General of the United States, Dr. Michael Kussman, Under Secretary of the Veterans Health Administration; Daniel L. Cooper, Under Secretary for the Veterans Benefits Administration, Pritz K. Navara, Veterans Service Center Manager, VA Oakland Regional Office, and various other government officials.

The plaintiff class seeks declaratory and injunctive relief only, no monetary damages, and challenges the constitutionality of the Veterans Judicial Review Act, and related administrative policies and procedures.

For more information visit veteransptsdclassaction.org

Posted on January 8th, 2008 by admin
Filed under: Veterans Legislation