CLARKSBURG — The families of six veterans who died at the hands of a nursing assistant while they were patients of the Louis A. Johnson VA Medical Center in Clarksburg have reached tentative settlements in their federal cases.
The settlements range from $700,000 to $975,000, with the family of Russell Posey Sr. receiving $700,000, the family of Felix Kirk McDermott receiving $775,000, the family of Robert Lee Kozul Sr.. receiving $775,000, the family of John W. Hallman receiving $950,000 and the family of George Nelson Shaw Sr. receiving $975,000, according to court documents.
"The families are pleased to be paid what's permitted under West Virginia state law," Tony O'Dell said in a statement. "Tiano O’Dell PLLC thanks Sen. Manchin for all he has done to support these families and to push for much-needed answers and systemic changes, as they anxiously await the U.S. Veteran's Affairs Administration's Office of Inspector General's Report.
"Tiano O’Dell PLLC continues to investigate up to 12 other cases, and these families deserve answers, as do the veterans who currently rely on The Louis A Johnson VA Medical Center for much-needed care."
Reta Mays, 46, the nursing assistant that previously worked for the VA, pleaded guilty in July in connection with seven deaths to second-degree murder. The prosecutors on Mays' case argued that she had administered fatal doses of insulin to the veterans even though they had not been prescribed it. A sentencing date has still not been set in Mays' case.
The cases were filed in U.S. District Court for the Northern District of West Virginia at Clarksburg. They all allege that the veterans were on the floor in which Mays worked when they all had drastically low blood sugars in the early morning hours after Mays administered insulin injections that they were not prescribed.
The lawsuits all allege the physicians for the veterans investigated the cause of the unexplained hypoglycemia, which is a deviation from the standard of medical care.
Sen. Joe Manchin (D-W.Va.) released a statement, saying that the tentative settlement was further evidence that the VA was negligent in the deaths.
"I hope Reta May’s recent guilty plea and the settlements announced today bring peace of mind to the victim’s families, but money and an admission of guilt can’t bring back their innocent loved ones," Manchin said in the statement. "It has been over two years since we learned about these murders, and no one at the VA or in the Clarksburg VAMC leadership have been held accountable for these terrible actions. The West Virginia Veteran community need answers."
Manchin urged VA Inspector General Michael J. Missal to quickly conclude and publish the Office of Inspector General’s report.
"West Virginians deserve to know what happened, and a detailed report on the VA decisions, policies and procedures that allowed these murders to happen is the first step," Manchin said. "I will continue working with my colleagues in the House of Representatives to pass my bipartisan legislation, the Improving Safety and Security for Veterans Act, to ensure this never happens to another Veteran or their family."