Son of late Navy veteran alleges delay in treatment at VA-contracted hospital caused death

By Elizabeth Alt | Jul 6, 2018

SAN FRANCISCO – The son of a U.S. Navy veteran filed a lawsuit against the U.S. Department of Veterans’ Affairs, alleging the VA is directly responsible for his father's death after suffering three heart attacks.

SAN FRANCISCO – The son of a U.S. Navy veteran filed a lawsuit against the U.S. Department of Veterans’ Affairs, alleging the VA is directly responsible for his father's death after suffering three heart attacks.

John Domantay filed the lawsuit in the U.S. District Court for the Northern California District Court in San Francisco on June 21 on behalf of his father, retired U.S. Navy veteran Margarito Domantay, over allegations of negligence, outrageous conduct and vicarious liability pursuant to the Federal Torts Claims Act. The complaint states the VA acted “reckless and motivated by evil intent.”

According to the complaint, Margarito Domantay was visiting family in the Philippines when he suffered a heart attack. The complaint states that because the VA had a contract with Manila Doctors Hospital, Margarito had no choice of going to another hospital. The complaint states that Manila delayed treating Margarito because it was waiting on financial approval from the VA, and on July 19, 2016, Margarito passed away.

The complaint states that Margarito lost his life because “defendant’s contracted hospital did follow the medical oath and put medical treatment first,” instead waiting on payment before treating him. The plaintiff alleges that the VA “failed to properly supervise Manila Doctors Hospital,” and “should have taken preventative steps to stop Manila Doctors Hospital from worrying about medical payment before giving medical treatment.”

The plaintiff is seeking punitive, special and general damages as well as court costs and fees, and is demanding a trial by jury.

John Domantay is representing himself in the litigation.

U.S. District Court for the Northern District of California, San Francisco Division case number 3:18-cv-03726-SK

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