A federal judge in Atlanta has awarded $8.7 million to the family of a Vietnam War veteran who died due to “grievous malpractice” at the Atlanta VA Medical Center following a surgery in 2016.
A nurse at the hospital wrongly placed a feeding tube into Jesse James Anderson’s windpipe, causing him to suffocate and lose consciousness, the judge said. Anderson, 70, died two days later when his life support was withdrawn.
Credit: Courtesy
Credit: Courtesy
In an order on Monday, U.S. District Judge Amy Totenberg said the nurse was pressured by a doctor to insert the feeding tube, though she hadn’t been trained in the procedure and had never done it before. Totenberg said the VA’s “grossly flawed medical care” made Anderson’s final minutes of consciousness “terrifying.”
“Mr. Anderson’s embrace of life and total trust in his VA medical providers ultimately was cut short by grievous malpractice,” the judge wrote in her order. “Mr. Anderson endured intense suffering and terror.”
Matt Cook, an attorney for Anderson’s family, said they’re pleased with the outcome.
“He died a horrifying death,” Cook said Friday. “The judge was very fair.”
Internal investigations by the federal government concluded that Anderson’s treatment was below the required standard of care, Totenberg noted in her order. She said the government admitted liability in June 2024 after trying for years to conceal its culpability.
Totenberg sanctioned the government in August 2024 for its “lengthy course of concealment.”
Cook said the government knew it was to blame but “went on the offensive” when Anderson’s family filed a claim. He said the government tried to hide its investigations and key witnesses, and misled the experts it hired in connection with the case.
“Eventually, we were able to get the truth,” Cook said. “This outcome came so unnecessarily late because of the government’s shenanigans.”
The U.S. Department of Justice, which represented the government in the case, declined to comment.
Anderson grew up and lived in the Dahlonega area in North Georgia, case records show. He served three tours with the U.S. Army in Vietnam, where he was exposed to Agent Orange, then worked primarily as a stonemason after the war.
Credit: Courtesy Anderson Family
Credit: Courtesy Anderson Family
During a bench trial before Totenberg in August 2024, Anderson’s son, Webb Anderson, testified that his father “never met a stranger” and had a “laugh that was contagious.” He said his father loved helping other veterans.
Anderson was admitted to the Atlanta VA Medical Center on Nov. 4, 2016 for surgery to remove plaque from an artery, according to Totenberg’s order. She said he needed a feeding tube after the surgery, which affected his ability to swallow.
On the morning of Nov. 16, 2016, a nurse told the doctor overseeing Anderson’s care that his feeding tube had come out. The doctor spent several hours arguing with nursing staff about who should insert the feeding tube before the nurse agreed to do it, Totenberg said.
The judge said the doctor told the nurse to insert the tube despite the fact that the nurse wasn’t trained in the procedure and had never done it before. Totenberg said Anderson struggled to breathe for almost 30 minutes before losing consciousness. He died at the hospital on Nov. 18, 2016.
Cook said the doctor was known for having a bad attitude and was “passed on to another medical program.” The doctor, who could not immediately be contacted for comment, is not a party in the case.
Totenberg said the evidence showed Anderson was expected to live another five to 14 years “but for his disastrous medical treatment on November 16, 2016.”
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