Over the past few years, an alarming number of whistleblowers have filed disturbing complaints concerning the G.V. (Sonny) Montgomery Department of Veterans Affairs (VA) Medical Center, located in Jackson, Mississippi. The allegations raise serious questions about the hospital’s management practices and ability to care for veterans. Due to the high number of complaints, their serious nature, and their likelihood of truth, congressional hearings are being held on the matter.
The problems brewing within the VA hospital were first brought to light in 2009 thanks to a whistleblower employee. The Office of Special Counsel, in a letter sent to the Whitehouse last year, said that the initial 2009 report by a whistleblower alleged that the staff failed to properly sterilize and clean medical equipment that is routinely reused, such as scalpels and bone cutters. The VA investigated the case and substantiated many of the allegations concerning a lack of adequate cleaning and sanitizing. It vowed to take steps to correct the problem.
Less than two years later, however, a whistleblower employee named Gloria Kelley, who chose to identify herself, claimed the problems at the VA persisted. Ms. Kelley worked in the Sterile Processing Department and stated that the incorrect procedures placed both employees and patients at risk. Though her complaint was referred to the VA for investigation, they did not interview her. The VA stated that it did not substantiate the allegations, but the Office of Special Counsel felt that the VA’s conclusion was unreasonable.
Since that time, many more whistleblowers, comprised of a diverse group of at least seven former and past employees, have made a variety of allegations concerning patient care. This past November, a congressional hearing was held wherein two whistleblowers described a shocking culture of negligence within the hospital system.
The hearing was held by the House Veterans Affairs’ Subcommittee on Oversight & Investigations. Two whistleblowers provided key testimony: Dr. Phyllis Hollenbeck, M.D., a former physician of family medicine at the facility, and Dr. Charles Sherwood, M.D., the former chief of ophthalmology at the VA hospital. Both doctors had complained to the Office of Special Counsel concerning misdiagnoses, poor sterilization, understaffing, and other management practices that jeopardized patient safety.
Dr. Hollenbeck said that a high number of unsupervised nurse practitioners outnumbered the doctors by a ratio of three to one. The lax attitude allowed these nurse practitioners to prescribe narcotics without physician oversight and absent the required Drug Enforcement Administration registration numbers. This practice was in violation of numerous federal and state laws as well as the VA’s own regulations. Hollenbeck said that veterans were frequently misdiagnosed due to the shortage of physicians and the frequency with which nurse practitioners did the job, causing them to suffer needlessly and, at times, die.
Dr. Sherwood, who worked at the VA for thirty one years, felt the VA’s performance based model for senior executive services has led to an emphasis on pay and job security, which comes at the expense of the safety of patients. The performance based model has recently been scrutinized by congress.
Other evidence of a culture of neglect emerged during the hearing. One poignant story concerned a patient who was also a VA employee. This patient never saw a physician for over two years, despite repeated requests. He was seen solely by nurse practitioners. It took a cancer diagnosis and removal of his entire stomach to finally see a doctor, and then the doctor refused to provide him with leave from work, resulting in his termination from the VA.
The VA hospital has refused to comment on specific cases but has stated that it is reviewing the findings of the Office of Special Counsel and remains dedicated to its mission of providing high quality care to veterans.
Since 1936, Barrett Law PLLC has protected Mississippi’s brave whistleblowers in their quest to stop illegal and unethical behaviors. Under Whistleblower Protection Act, whistleblowers are protected from retaliation and can be rewarded for shedding light on unlawful practices. To stop workplace injustice, call us today at 1 (800) 707-9577 to schedule a free initial consultation.