Administrative Law – Legal Memo

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Legal Memo

Assignment Scenario

This week you met a new client, Linda William, the wife of a now deceased Vietnam Era veteran. Linda shared with you that her husband, John William, was a Staff Sergeant in the United States Army, and deployed to Phan Rang, Vietnam from 1968-1969, with the 101^st Airborne Division, as a Combat Medic in support of the Tet Offensive. While SSgt. William returned home safely; he was repeatedly exposed to Agent Orange while in Vietnam. Exposure to Agent Orange has been linked to increased risk of cancers and other illnesses in later life, including Diabetes Mellitus, Parkinson’s Disease, Prostate Cancer, among others.

Many years after Vietnam, Mr. William was diagnosed with diabetes, and received continued treatment by the Department of Veterans Affairs (VA) for his diabetes. During an annual physical, blood tests revealed Mr. William’s PSA levels were extremely elevated, which alerted his doctor that Mr. William should have a follow-up blood test a month later. Unfortunately, due to a clerical error, it would take an additional six months before Mr. William would be scheduled for another blood test. Following this second test, his PSA levels registered even higher than before, but Mr. William was not made aware of the results, and his doctor never contacted him, a clear violation VA hospital policy. However, his doctor did notate Mr. William’s medical records, indicating he was at a high risk for prostate cancer, and that a biopsy was needed immediately.

Although Mr. William continued to receive care and treatment at the VA, it took his doctor two years to schedule a biopsy. Following the biopsy, Mr. William tested positive for an aggressive form of prostate cancer, common in Vietnam veterans exposed to Agent Orange, and that he would need to undergo surgery to remove his prostate immediately. While his doctor was hopeful, he did acknowledge to Mr. and Mrs. William that due to the delay in treatment for two years, and the aggressive nature of the cancer, the outlook was not positive.

Mr. William underwent treatment to remove his prostate cancer, but sadly succumbed to the cancer eight months later. Mrs. William believes that due to the doctor’s failure to test and treat her husband for over two years, the VA is responsible for her husband’s death, and would like to bring a lawsuit against the Department of Veterans Affairs.

Assignment Instructions

Your supervising attorney, Liam Joseph, has asked that you draft a 2-3 page memorandum discussing, at a minimum, the following issues:

• Sovereign immunity, including a brief discussion of its history and function today.
• Discuss the Federal Tort Claims Act, and whether Mrs. William may bring a cause of action against the Department of Veterans Affairs for her husband’s death.
• Using the discussion included in 11.5(c) in your textbook, assuming Mrs. William is successful in her lawsuit, what remedies are available?

Example Organization:

To: Liam Joseph, Supervising Attorney, Kelly & Associates, LLP

From: [Your Name]

Date: [Date memo submitted]

Re: [Client Name, specific description of subject matter of memorandum]

• Organize your memorandum with an introduction, body, and conclusion.