Ms. Strong’s claim was asserted under the Federal Tort Claims Act (“FTCA”), and was defended by the Department of Justice (“DOJ”) in a trial in March, 2018 before Judge Timothy M. Burgess of the United States District Court in Anchorage.  The parties reached a settlement while awaiting the Court’s decision.  

Mr. Vollertsen explained that, “This litigation brought to light a number of patent inadequacies in the ANMC health care delivery system.”  He listed the following concerns that were brought out in the case: inadequate peer review and quality assurance procedures; the hospital’s failure to adopt the international consensus guidelines in the Surviving Sepsis Campaign adopted by the nation’s hospitals many years prior; placing false and inaccurate records in a patient’s chart; inadequate continuity of care for patients; and the failure to train personnel to recognize the critical presenting signs and symptoms of sepsis.

A recently passed federal statute has now tackled this problem: The ABLE Act. This law allows states to set up their own programs permitting a disabled person to set up a separate account, much like an IRA or HSA, that would not count as an asset in the income eligibility analysis. Alaska is one of just a handful of states that have adopted this legislation. With Gov. Walker having just signed the bill into law in August,2016, the application process in Alaska is still being ironed out.

Here are some key elements of the law. The disability must have occurred before age 26, and many types of disabilities are permitted, including physical, hearing, mental health, and other disabilities. Total annual contributions may not exceed the federal gift tax limit, now at $14,000. A total of $400,000 may be contributed. A beneficiary may have only one account, but anyone can contribute to the account. Neither the funds contributed to the account,nor the interest earned in the account, are deemed to be taxable. The funds can be spent on items such as housing, personal support, assistive technology, and many other needs, including items normally not permitted under a special needs trust.

The FDA first noted this problem in a safety recall involving the Sorin 3T system, and then issued a safety communication on October, 2015, following it with a second safety communication in June, 2016. The CDC similarly issued a warning in October, 2015.

A significant concern for patients is that the latency period can be as long as 5 years as NTM infections are slow growing. Also, NTM infections have many manifestations that are often nonspecific and make it difficult for a patient or a physician to readily identify that an infection is at work, or even that an infection was associated with this type of exposure. Without knowing to look for the particular bacterium, it is often missed in a typical patient workup, but can be identified if specific testing is done. This type of infection is also new enough that medical literature does not yet exist to provide clear recommendations for treatment.

Mr. Vollertsen was also selected for inclusion in the “Best Lawyers In America” 2016 publication. He is now in a distinguished group of attorneys listed in the publication for over 15 years. Selection to the “Best Lawyers In America” listing is based on exhaustive and rigorous peer-review evaluations by the top attorneys in the country.

Mr. Vollertsen, Neil O’Donnell, and Michael Moody of the Alaska Personal Injury Law Group have been selected for inclusion in the “Best Lawyers In America” 2016 publication. They have all also received the highest “A-V” ranking in Martindale-Hubbell, the oldest and best known lawyer ranking service. The Alaska Personal Injury Law Group focuses its efforts on serious personal injury and wrongful death cases.

Alaska Personal Injury Law Group members Richard Vollertsen, Neil O’Donnell and Mike Moody have all been selected for inclusion in both Alaska Super Lawyers and Best Lawyers in America. They have all also received the highest “A-V” ranking in Martindale-Hubbell, the oldest and best known lawyer ranking service. The Alaska Personal Injury Law Group focuses its efforts on serious personal injury and wrongful death cases.

The Super Lawyer rigorous merit-based selection process began early in the year, with invitations to participate in the nominations process going out to over 1,400 attorneys in Alaska. In addition, their research department conducted independent candidate searches through professional databases, legal trade journals, and meetings with law firms. The candidates were then evaluated by the research department. This evaluation process included examination of candidates’ background and experience, followed by a peer evaluation from other Alaskan attorneys in the practice area. The final candidates selected were those with the highest point totals from each category, and included only five (5) percent of all attorneys in Alaska.

Richard E. Vollertsen, of the Alaska Personal Injury Law Group, served as local counsel in Alaska for the New York law firm, Weitz Luxemberg. Ellen Relkin, of Weitz Luxemberg was lead counsel in the litigation.

Those patients who have had their Stryker hip implants removed after November 2014, may be able to join the litigation, and should contact the Alaska Personal Injury Law Group for a case evaluation.

Mr. Vollertsen was also selected for inclusion in the “Best Lawyers In America” 2015 publication. He is now in a distinguished group of attorneys listed in the publication for over 15 years. Selection to the “Best Lawyers In America” listing is based on exhaustive and rigorous peer-review evaluations by the top attorneys in the country.

Mr. Vollertsen, Neil O’Donnell, and Michael Moody of the Alaska Personal Injury Law Group have been selected for inclusion in the “Best Lawyers In America” 2015 publication. They have all also received the highest “A-V” ranking in Martindale-Hubbell, the oldest and best known lawyer ranking service. The Alaska Personal Injury Law Group focuses its efforts on serious personal injury and wrongful death cases.