Law Firm Files Class Action Suit on Behalf of U.S. Veterans

A press release by Morrison & Foerster, a law firm with over 1,000 lawyers worldwide, announced that attorneys at Morrison & Foerster have filed a national class action lawsuit for alleged "shameful failures" by the United States Department of Veteran Affairs and other government agencies charged with caring for veterans who have returned from Iraq or Afghanistan and are now suffering from Post Traumatic Stress Disorder (PTSD). Morrison & Foerster is handling this case on a pro bono basis, meaning that they are not charging for their services. Rather, they are pursuing this case for the public good.

This suit was brought on behalf of veterans and their families who are either seeking or receiving compensation for PTSD. Morrison & Foerster estimates the size of this suit as involving anywhere from 320,000 to 800,000 veterans. This figure came from calculating the number of total troops serving in Iraq and Afghanistan and multiplying it by the percentage of troops expected to be suffering from PTSD upon their return home.

There are several defendants named in this case, some of them high-ranking government officials. Among them are R. James Nicholson, Secretary of the Department of Veterans Affairs, and Alberto Gonzales, Attorney General of the United States.

The plaintiffs in this case seek what is known as injunctive and declaratory relief only. They are not seeking any monetary damages. The plaintiffs are also challenging the constitutionality of the Veterans Judicial Review Act as part of this suit.

The plaintiffs argue that the Department of Veterans Affairs has repeatedly violated federal statutes that are supposed to guarantee health care to returning troops, has caused tremendous delays for those filing claims seeking benefits or medical care, has prematurely denied claims, and has under-funded and under-staffed the Department's programs.

Two veterans groups, Veterans for Common Sense and Veterans United for Truth, are participating in this class action suit. With the sheer number of troops returning home from Afghanistan and now from Iraq, 200,000 new disability claims have arisen. The press release also claims that over 600,000 back-logged claims are in existence.

The complaint filed summarizes the potential negative effects of the current system, "Unless systemic and drastic measures are instituted immediately, the costs to these veterans, their families, and our nation will be incalculable, including broken families, a new generation of unemployed and homeless veterans, increases in drug abuse, increases in alcoholism, and crushing burdens on the health care delivery system and other social services in our communities."

We certainly honor those who have returned from dangerous war zones fighting for our freedom here in the United States. If the complaints in this suit are true, hopefully this class action will bring help to those who need it.

Sources:

Morrison & Foerster Press Release, http://www.mofo.com/news/pressreleases/12570.html