Free Answer to Complaint - District Court of Delaware - Delaware

Case 1 :08-cv—00058-GIVIS Document 4 Filed 03/28/2008 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MICHAEL J. WOLAN SKI, :
Plaintiff,
v. Civil Action No. 08-058-GMS
UNITED STATES OF AMERICA,
Defendant.
ANSWER OF THE UNITED STATES OF AMERICA
COMES NOW, defendant, United States of America, by and through its attorneys, Colm
F. Cormolly, United States Attomey for the District of Delaware, and Patricia C. Hannigan,
Assistant United States Attorney for the District of Delaware, and answers plaintiff s complaint
as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied as stated. Admitted that the United States Department of Veterans Affairs
("VA") is a cabinet department of the defendant United Sates of America. Admitted that the
VA operated and staffed the VA Medical Center at Wilmington, Delaware.
5. Admitted.
6. Admitted
7. Admitted that on May 28, 1997, plaintiff underwent a sigmoidoscopy at the
VAMC. Admitted that the sigmoidoscopy revealed the presence of polyps. Admitted that the
polyps were not biopsied. The remainder of the paragraph is denied as stated. It is admitted that
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Case 1 :08-cv—00058-GIVIS Document 4 Filed 03/28/2008 Page 2 of 3
the medical records reflect that the physician who performed the sigmoidoscopy recommended
follow up in 5 years. It is denied that the medical plan was for plaintiff to undergo a
colonoscopy in May of 2002. By way of explanation, the physician who made this
recommendation, the following day ordered a colonoscopy to be performed on 6/13/97. That
procedure was cancelled at plaintiffs request. Another colonoscopy was then scheduled for
6/27/97 and the plaintiff again canceled the procedure.
8. Admitted.
9. Admitted.
10. Admitted.
11. Denied as stated. Admitted that on April 6, 2001 plaintiff was evaluated by Dr.
Thacker, in consultation with Dr. Tzanis for complaints of rectal bleeding. Admitted that a
rectal exam was performed, which was positive for blood. Denied that the sole plan was to
consult with surgery for a possible lower endoscopy given plaintiff s history of lower
gastrointestinal bleeding. By way of furfher explanation the plan was also to refer to GI for a
full colonoscopy.
12. Admitted.
13. Admitted.
14. Admitted.
15. Defendant is without knowledge or information sufficient to form a belief as to
the truth ofthe avennent in paragraph 15 of the Complaint.
16. Denied as a conclusion of law. To the extent that any of these allegations may be
deemed factual in nature they are denied.
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Case 1 :08-cv—00058-GIVIS Document 4 Filed 03/28/2008 Page 3 of 3
17. a—f Denied as conclusions of law. To the extent that any of these allegations may
be deemed factual in nature they are denied including all subparts.
18. Denied as a conclusion of law. To the extent that any of these allegations may be
deemed factual in nature they are denied.
19. Denied as a conclusion of law. To the extent that any of these allegations may be
deemed factual in nature they are denied.
20. Denied as a conclusion of law. To the extent that any of these allegations may be
deemed factual in nature they are denied.
21. Denied a Denied as a conclusion of law. To the extent that any of these
allegations may be deemed factual in nature they are denied.
22. Denied as a conclusion of law. To the extent that any of these allegations may be
deemed factual in nature they are denied.
23. Denied as stated. Admitted that Plaintiff tiled an administrative claim pursuant to
28 U.S.C. § 2675. Denied that the VA "acknowledged liability for plaintiffs c1aim." Admitted
that the parties engaged in efforts to negotiate a settlement, which were not successful. Admitted
that the VA ultimately denied Plaintiff s claim.
COLM F. CONNOLLY
United States Attorney
By: /s/Patricia C. Hannigan
Patricia C. Hannigan
Assistant United States Attorney
Delaware Bar l.D. No. 2145
The Nemours Building
1007 Orange Street, Suite 700
P. O. Box 2046
Wilmington, DE 19899-2046
(302) 573-6277
Dated: March 28, 2008
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