Gustafson Gluek Reaches Settlement in Pro Bono Case

After nearly three years and over 2,200 hours or pro bono work, Gustafson Gluek Attorneys Amanda Williams, Cathy Smith, and Mary Nikolai, successfully reached a settlement on behalf of their clients, a husband and wife (the Plaintiffs), who brought a FTCA (Federal Tort Claims Act) action against the United States alleging negligent care provided to the husband, a Vietnam War Veteran, during his 2014 stay at the Minneapolis Veterans Affairs Medical Center (“VAMC”).

In April 2014, thehusband, an honorably discharged Vietnam War Veteran, underwent open heart surgery at the VAMC. Plaintiffs allege that in the days that followed, the VAMC medical staff failed to provide appropriate care, resulting in a myriad of grave medical episodes and an eventual stroke leaving the husband permanently disabled. The injuries substantially changed the quality of the Plaintiffs’ lives, bringing their active lifestyle to an abrupt halt. The wife had to leave her successful career to take care of her husband and the couple had to discontinue all activities they enjoyed together as their lives were suddenly consumed by managing and treating the husband’s physical conditions with no chance of recovery. Gustafson Gluek agreed to represent the Plaintiffs on a pro bono basis in 2019 understanding the substantial challenges of the case.

Since 2014, the Plaintiffs fought for nearly three years for disability benefits for their injuries. The Plaintiffs filed an administrative claim pursuant to the FTCA which was twice denied over the course of four years. The Plaintiffs reached the end of the administrative process but were unable to secure legal representation to pursue a civil litigation. The Plaintiffs had to represent themselves against the United States when the case information came to Gustafson Gluek through the Federal Pro Se Project in 2019. Gustafson Gluek filed an amended complaint against the United States alleging VAMC’s negligent medical care of the Plaintiff in 2019.

Since then, Amanda Williams, Cathy Smith, and Mary Nikolai poured countless hours into expert reports and discovery, depositions, motions practice, and settlement negotiations. In March 2022, the parties ultimately agreed to settle Plaintiffs claims and improved communication between the Plaintiffs and the VAMC for better medical care, among other things. Gustafson Gluek believes that the settlement was a successful outcome considering the significant challenges of the case and will provide the needed assistance to the Plaintiffs as they continue to navigate the Plaintiff’s ongoing medical care.