Wedemeyer & Prangley can assist individuals in federal court appeals against state and federal government agencies, particularly actions under the following federal laws: Federal Tort Claims Act, Freedom of Information Act, and Privacy Act.

Federal Tort Claims Act (28 U.S.C. § 2674)

The Federal Tort Claims Act ("FTCA") provides a limited waiver of federal government sovereign immunity in tort claims for people who are injured due to the negligence act of a government employee acting within the scope of their employment.   Under these limited circumstances, plaintiffs can receive monetary damages from the government agency.  In most cases, the FTCA is the only provision of law which allows for fair compensation for injuries due to the medical malpractice committed by VA doctors and hospital staff.  

FTCA claims must be made within two years from the time of the act which caused the injury, or two years from when the injury is reasonably discovered.  The initial claim is filed in an administrative action with the VA.  If this claim is denied, the plaintiff may seek redress in federal district court.  

Wedemeyer & Prangley offers comprehensive legal assistance for veterans or anyone else who is injured as a result of negligent medical treatment by a Department of Veterans Affairs ("VA") medical provider.  We work with claimant-plaintiffs to gather the necessary evidence to support their claim, represent claimant-plaintiffs in the initial claim before the VA and, if necessary, file an action in federal district court to pursue the claimant-plaintiffs' rights to compensation under the Federal Tort Claims Act.  

To view the text of the Federal Tort Claims Act, click here to enter the United States Code (searchable) website, click the  United States Code and enter "28 U.S.C. 2674" where indicated.

Anyone considering an action against the VA or other federal agency under the FTCA should contact an experienced attorney.  Click here to request more information about FTCA claims from a Wedemeyer & Prangley attorney.

Freedom of Information Act (5 U.S.C. § 552)

Under the Freedom of Information Act (FOIA) individuals can obtain documents on almost any subject or issue from federal agencies and departments.  Information from the federal government is useful in research and academia, proving claims for benefits in administrative forums, and preparing for litigation against the government.  

The government agency can deny requests if the information requested is exempted from disclosure under FOIA.  Examples of such exemptions are national security, personal privacy, and records whose disclosure is governed by other laws.  If a request is denied, the requestor can appeal within the agency and, if unsuccessful, file an action in federal district court.   

Wedemeyer & Prangley can help you with your initial FOIA request, administrative appeals, and court action (if necessary).  

General information regarding the Freedom of Information Act and a list of FOIA contacts for all federal agencies can be found at the Department of Justice web page.

Privacy Act (5 U.S.C. § 552a)

The Privacy Act is similar to FOIA in that it entitles an individual to access government records pertaining to him or her.  However, the Privacy Act also gives an individual a right to correct, amend, or delete information in the records that is inaccurate, irrelevant, outdated, or incomplete.  If the government agency refuses these requests, the individual has a right to sue the agency in federal court.

Individuals requesting government records about themselves should cite both the Privacy Act and FOIA.  However, there are important differences between the two acts.  For example, under the Privacy Act, an individual can only obtain records contained within a "system of records" that can be accessed by your name or some other identifying particular (e.g. Social Security number, account number, VA claims number, etc.).  In contrast, FOIA allows any person to access any records, subject to the express exemptions within the act (e.g. national security, personal privacy, etc.).  Click here to contact us with questions about the Privacy Act.

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