A Pursuit for Justice In Federal Court: An Attempt to Address Issues of Elder, Disabled and Veteran Care in Western MA between 2017 – 2023
I am currently facing challenges in accessing justice in the First District Court of Appeals (Case: 21-1240 Janas v. Department of Veterans Affairs, et al). As a pro se litigant appellant in the Federal District Court in Springfield, my case was dismissed due to an alleged failure to receive a memo from the judge, amidst the challenges and court shut-down during the pandemic. I have diligently maintained all correspondence, with the exception of that specific memo.
Furthermore, the 1st District Court denied my appeal a year and a half later. Subsequently, I appealed to the First District Court in Boston, encountering various obstacles and delays. Despite addressing these issues in a Motion for Reconsideration and emphasizing the critical nature of the case related to the #VA’s coordination with outside hospitals, my request was DENIED as of yesterday. It seems I have exhausted my options at the 1st District Court in Boston. The court claimed a lack of inclusion of exhaustion denial in the initial filing (which I dispute) and an alleged filing outside the six-month timeframe.
This situation is particularly distressing as it impacted my father, a decorated WWII Veteran, denying him access to justice. I believe the VA provider’s wrongful acts and potential lapses in care of area providers ultimately cause my father and me unspeakable suffering and loss of life, and likewise cause me severe personal injury in a transport accident in the line of his care.
I strongly believe our case highlights concerns about medical practices by Western MA health providers and the VA, potentially placing veterans at risk.
I am seeking support from Veteran Advocates, Legal Experts, Senior Rights Advocates, Disabled Persons Advocates, Court Experts and Patient Advocates who are passionate about access to justice and addressing court indifference. I am seeking support to document what happened, and if there are any legal options remaining, I would like to know my options, as I continue to get my (our) case heard in a court of law. and for those providing care to disabled and elderly veterans, and holding medical providers accountable if and when they break the law or provide substandard care, and to document the measures some take to conceal those shortcomings. It is my hope that my father’s service to this country, as a Double Bronze Star with Oak Cluster recipient, who helped to liberate Italy means something. And that his suffering was not in vain.
Please consider raising awareness by using hashtags such as #SarahKemble #ACLU #DAV #VA #TheVA #HumanRightsCampaign #HRC #NationalVeteransFoundation #nvftogether #VeteransLegalInstitute #VetsLegalOC #JudicialWatch #SavingPrivateRyan #AccessToJustice, #LegalRights, #VeteransAdvocacy #CourtReform #NAACP #RainbowPush #MSNBC #CBS #ABC #NBC #searchlight #NYTimes #BostonGlobe #Transparency #JudicialOversight #SystemReform #PatientSafety
If anyone out there is listening and can provide guidance and support, legal or otherwise, please contact me.
‘Never give up and keep the faith.’ – Pop
My father was well-cared for at home. We weighed the risk of having him spend his last years at the Holyoke Soldier’s home two years before the pandemic. Although we were aware of the VA’s shortcomings, we decided to care for him at home for the remainder of his days. I thought, because I was diligent and had, what I perceived then, a great team of healthcare providers from the VA Home Based Primary Care, I wrongly believed that thesed lapses would not touch us. I was wrong.
You can lend your support by donating to Quest of Justice for Edmund J. Janas, Sr. or by sponsoring the Brego Network, by clicking here. Our plan is to appeal until we run out of appeals, but most importantly to document all that happened in my father’s case and to document all the evidence involved, Video, Audio, Medical Records. The case is rather involved, and we also will need consults with various attorneys. We searched for Wrongful Death Tort attornies for about 2 years, and NONE of them we approached in Massachusetts would touch the case because of his age. Essentially, their line was: “He outlived his life expectancy and had no future earnings,” Because lawsuits are expensive, attorneys would not recoup their costs because awards for pain and suffering are capped due to Tort reform.
Now, imagine for a moment my surprise when I learned, no matter how egregious the abuses my father may have suffered were, I would have to go to attorneys to ask if my father’s life had value. Imagine being told that about your parent? I have approached what seemed about 40 (at least) attorneys in MA. All declined specifically due to age. For this reason I believe reforms are needed to protect the elderly, veterans and the disabled. At the very least, it is my hope to document what happened to us.
Edmund J. Janas, II