Tony Leys

tleys@dmreg.com

GREENFIELD, Ia. — First, a Department of Veterans Affairs doctor overlooked a test showing John Porter’s heart was failing. Then, after the irreversible mistake was discovered nearly three years later, lawyers for the VA dragged their heels in negotiating a reasonable settlement, Porter says.

“It almost feels like they’re hoping I’ll die of something else before they have to pay me anything,” the Vietnam War veteran said. Porter, 67, said he continues to suffer extreme fatigue and dizziness. He said an outside doctor estimated that his life could be shortened by up to 10 years because of the delayed treatment.

The retired truck driver has filed suit against the VA in federal court in Des Moines. According to the lawsuit, Porter called the Des Moines VA hospital in October 2011, after feeling tightness in his chest. Later that day, he went to the hospital’s emergency room, complaining of chest pain, plus pain and weakness in his arms.

An emergency-department doctor ordered an electrocardiogram, an electrical test of the heart's function, the lawsuit says. That initial test suggested that there might be a problem. The doctor then ordered a follow-up stress test, in which a patient’s heart is monitored during exercise.

The stress test, done three weeks later, showed Porter’s heart was functioning at less than half of normal levels, indicating heart failure, the suit says. But the records show no evidence VA doctors told Porter about the findings or acted on them, despite his continuing complaints of deep fatigue and dizziness. Doctors didn’t notice the 2011 test result until 2014, when Porter went to an Arizona VA hospital for treatment of severe chest pain.

A cardiologist at the Des Moines VA later wrote a blunt assessment of the oversight’s effects, the lawsuit says.

“It is evident to me after review of the record that this report unfortunately did not reach his primary care physician, and cardiology did not see him at that time,” Dr. Dirk Ver Steeg wrote. The cardiologist wrote that he would order medication for the veteran, but “quite frankly, this cardiomyopathy has been present for at least three years, probably longer, and I doubt there will be much progress made” in improving heart function.

A VA spokeswoman said this week that the agency wouldn’t comment, because the matter is in court. Federal lawyers’ legal response to the lawsuit acknowledges that the 2011 test was done on Porter, and that Ver Steeg said its results weren’t acted on. But they deny that the VA staff was negligent, or that Porter’s life expectancy was curtailed because of the issue.

The U.S. attorney’s office also contends that Porter failed to bring the claim within two years of the alleged mistake, so it might be barred by a statute of limitations. Porter said that’s nonsense, because he didn’t know of the mistake until 2014.

The VA has been the subject of national controversy over reports that dozens of veterans in other states died while waiting months for care. Porter said the same maddening bureaucracy causing those deaths is demonstrated by the delays in settling his case.

Dan Scialpi, a Washington, D.C., lawyer helping Porter press the case, said he can’t imagine that a doctor who saw the test results would have failed to act on them. The oversight suggests that the VA has a systemic problem with handling such information, Scialpi said.

“It seems like there should have been some kind of fail-safe to make sure this got in front of somebody,” he said.

Scialpi has represented other veterans in claims against VA hospitals in other states, including in cases where cancer diagnoses allegedly were delayed by years. He said he filed a formal claim with the VA on Porter’s behalf in 2014, and said he filed suit this year after the agency declined to negotiate a reasonable settlement.

Porter and his wife, Kathy, learned this week that a trial wouldn’t start until July 2017. John Porter, who also has been treated for cancer, was furious. He’s unsure if he’ll live that long.

The lawsuit says the couple is seeking $5 million in damages. Kathy Porter said the couple had to pick a figure, but they don’t expect to gain that much. Scialpi said the government has offered to pay $300,000. The lawyer said he countered by saying the Porters would accept $790,000. The lawyers for the VA wouldn’t budge, he said.

Porter said that if he accepted the government's offer, a significant chunk of the $300,000 would go to lawyer fees. The government’s offer also would mean he would lose 40 percent of his $3,400 monthly disability payment, which he said the VA agreed to pay after the mistake was noticed.

The Air Force veteran displays abundant pride in his service. His front porch is bedecked in red, white and blue bunting, and he set up a kneeling soldier sculpture in his backyard. He also serves as a volunteer caretaker of the “Freedom Rock,” a painted boulder near Greenfield that expresses appreciation for veterans.

Porter continues to receive care from the VA, even though he could go elsewhere. “Besides this one dropped ball, I’ve had a lot of good experiences with the Des Moines VA,” he said. “I’m not trying to get you to shout out that the VA stinks completely. They’ve got some wonderful and caring people there.”

Porter said he’s not seeking to become rich, but he’d like to ask a question of the VA officials who offered the low-ball settlement: “How much do you think your heart is worth?”