Morgan and Meyers, PLC recovers from the United States of America on behalf of a deserving veteran for medical care received at the Saginaw, Michigan VA Hospital

Morgan & Meyers successfully settled a case against the federal government under the Federal Tort Claims Act for $400,000, just $17,000 below the non-economic damages cap. The case involved an honorably discharged Vietnam veteran, Donald Cregar, who presented for treatment at the Aleda Lutz Veterans Administration (VA) Hospital in Saginaw, Michigan.

Doctors at the VA hospital prescribed Mr. Cregar a combination of Simvastatin and Gemfibrozil, cholesterol fighting agents, at levels not deemed safe by the VA or by the Food and Drug Administration. The combination also represents a failure to heed warnings of the manufacturers of these drugs. The major risk is an illness called Rhabdomyolysis (“Rhabdo”), which is a breakdown of muscle fibers that release into the bloodstream and can cause kidney failure and death. Despite reports to his doctors of symptoms evident of Rhabdo, he was not properly treated for the condition. One day his legs gave out from weakness due to a dramatic loss of muscle. He crawled and pulled himself along the floor to attempt to get someone’s attention. He was taken to another hospital where he required emergency treatment for acute renal failure, including dialysis. Unfortunately, Mr. Cregar will remain on dialysis for the rest of his life. He also suffered heart damage.

Attorneys of record on behalf of Mr. and Mrs. Cregar in this matter were Courtney E. Morgan, Jr. and Eric J. Rosenberg. The court case was styled Cregar v. United States of America, Case No. 10-14423 of the United States District Court for the Eastern District of Michigan, Southern Division.


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