Derek Snelling, OSB # 994176 

Shlesinger and deVillenueve Attorneys, PC 

P.O. Box 11616 

Eugene, OR 97440 

Voice: (541) 485-8411 

Fax: (541) 485-4299 

Email: dsnelling@dsdattorneys.com 

Attorney for Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

EUGENE DIVISION 

AMY VETTER, as personal 

representative for the Estate of 

CHARLES ERNEST VETTER, deceased, 

Plaintiff, 

vs. 

�TED STATESVETERANS HEALTH 

ADMINISTRATION, 

Defendant. 

Plaintiff alleges for her Claim for Relief: 

CASE No. _______ _ 

COMPLAINT FOR PERSONAL 

INJURY and WRONGFUL DEATH ACTION 

DEMAND FOR JURY TRIAL 

I. 

Plaintiff is the court appointed personal representative for the Estate of Charles Ernest Vetter, 

deceased, and was his wife at the time of his death. 

2. 

At all times material, Charles Ernest Vetter was a United States Navy Veteran having served his 

country during the Vietnam War. 

Shlesinger & deVilleneuve 

Attorneys PC 

POBox l1616 

Eugene, OR 97440 

(541)485-8411 

FAX (541) 485-4299 

1 - COMPLAINT FOR PERSONAL 

INJURY AND WRONGFUL DEATH ACTION 

Case 6:15-cv-00968-MC Document 1 Filed 06/03/15 Page 1 of 5
3. 

At all times material, Portland V A and Roseburg VA were and are medical centers in the State of 

Oregon providing comprehensive medical care to United States Military Veterans and are operated under 

the exclusive authority and control of the United States Veterans Health Administration (VHA). All acts 

and omissions of defendant VHA set fOlth below were made through agents, apparent agents, or 

employees, who were at all times material working within the course and scope of such agency or 

employment at the Portland V A and Roseburg V A. 

4. 

At all times material, Deborah Madden MD was an Idaho and Texas licensed medical doctor 

practicing primary care medicine in the State of Oregon. 

5. 

At all times material, John McCaffrey MD was a licensed and board certified medical doctor 

practicing radiology medicine in the State of Oregon. 

6. 

At all times material, Nancy MacDonald MD was a California and Utah licensed and board 

celtified medical doctor practicing radiology medicine in the State of Oregon. 

7. 

At all times material, AmiI' Farzin Azerbal MD was a licensed and board certified medical doctor 

practicing vascular surgery medicine in the State of Oregon. 

8. 

At all times material, Gregg Darius Azin MD was a licensed and board certified medical doctor 

practicing vascular surgelY medicine in the State of Oregon. 

Shlesinger & cteVilleneuve 

Attorneys PC 

POBox 11616 

Eugene, OR 97440 

(541) 485-8411 

FAX (541) 485-4299 

2 - COMPLAINT FOR PERSONAL 

INJURY AND WRONGFUL DEATH ACTION 

Case 6:15-cv-00968-MC Document 1 Filed 06/03/15 Page 2 of 5
9. 

On or about November 29, 2012 Charles Ernest Vetter received a CT scan at the request of his 

primary doctor, Deborah Madden MD, to assess his abdominal aortic aneurysm (AAA). However, John 

McCaffrey MD also found a 3.3 centimeter highly suspicious mass in his left lung and no evidence for 

local or distant metastases. Dr. McCaffrey states in his repOll: "POSSIBLE MALIGNANCY, FOLLOWUP NEEDED." Both his primary care provider and the Portland VA surgical staff were aware of the left 

lung mass found by the CT. Mr. Vetter received AAA surgery at the POllland V A on December 31, 2012 

with Amir Farzin Azerbal, MD as his attending physician. Nancy MacDonald, MD, also noted the left 

lung mass on Mr. Vetter's post-operative chest X-Ray. Mr. Vetter remained in the ICU until January 5, 

2013 when he was transferred to the acute care ward. Mr. Vetter was discharged from the Portland V A 

on January 7, 2013 with no mention of the left lung mass in his discharge instructions. On January 29, 

2013, Mr. Vetter returned to the Portland VA for a post-surgery check-up and was seen by Dr. G. Darius 

Azin MD. Dr. Azin stated in his note, "He can flu as needed, no long term imaging needed." 

10. 

Defendant performed no follow-up for the left lung mass whatsoever, until December 16, 2013, 

when Mr. Vetter presented to the Roseburg VA with a fever and coughing up blood. Subsequent testing 

revealed that Mr. Vetter's left lung mass had grown to 6 centimeters and progressed significantly to 

advanced stage IV lung cancer. On January 3, 2014, Suil Kim, MD, PhD advised Mr. Vetter that proper 

follow-up care for his lung cancer did not occur as it should have following the AAA surgery. Doctors 

felt his case was now terminal and estimated he would only have another year to live. Mr. Vetter died 

March 10,2015 due to lung cancer. 

Shlesinger & deVilieneuve 

Attorneys PC 

POBox 11616 

Eugene, OR 97440 

(541) 485·8411 

FAX (541) 485-4299 

3 - COMPLAINT FOR PERSONAL 

INJURY AND WRONGFUL DEATH ACTION 

Case 6:15-cv-00968-MC Document 1 Filed 06/03/15 Page 3 of 5
11. 

In caring for plaintiff from November 29, 2012 until December 13, 2013, defendant, by and 

through its agents or apparent agents, were negligent in breaching the duty of care owed to decedent in 

one or more of the following ways: 

a. Failing, at any time between November 29, 2012 and December 13, 2013, to perform the 

minimally acceptable follow-up care for probable lung cancer; 

b. Failing to advise Mr. Vetter or his wife that a probable cancerous mass was found on his left 

lung in the November 29, 2012 CT scan. 

c. Failing to diagnose Mr. Vetter's lung cancer; and 

d. Failing to treat his lung cancer while it was early stage and curable. 

12. 

Defendants' negligence, in one or more of the foregoing particulars, created a foreseeable risk 

of harm to decedent and was a substantial factor in causing him to suffer fatal lung cancer. Due to this 

injury, decedent experienced pain and suffering before his death. In addition, his wife has and will 

continue to experience loss of society, companionship, and services of the decedent all to the 

noneconomic damage of the estate in an amount to be shown at the time of trial, not to exceed 

$1,500,000.00. 

13. 

By reason of the described injuries, plaintiff has incurred funeral and burial expenses of $5,000 

and pecuniary losses in the amount of $445,000; all to the economic damages of the estate in an 

amount to be shown at trial, not to exceed $500,000. 

14. 

The office of regional counsel has denied this claim by letter dated May 28, 20 IS. 

Shlesinger & deVilleneuve 

Attorneys PC 

POBox 1 1616 

Eugene, OR 97440 

(541) 485·8411 

FAX (541) 485·4299 

4 - COMPLAINT FOR PERSONAL 

INJURY AND WRONGFUL DEATH ACTION 

Case 6:15-cv-00968-MC Document 1 Filed 06/03/15 Page 4 of 5
WHEREFORE plaintiff prays for judgment against defendants in the sum of $1,500,000 for 

non-economic damages, $500,000 for economic damages, and for the costs and disbursements 

inc lIlTed herein. 

(.1 

DATED: June 3 .2015. 

Shlesinger & deVilleneuve 

Attorneys PC 

PO Box 11616 

Eugene, OR 97440 

(541) 485-8411 

FAX (541) 485-4299 

Shlesinger &de Villeneuve 

Att neys, P.C. 

e ek Snelling OSB # 994176 

P.O. Box 11616 

Eugene, OR 97440 

(541) 485-8411 

5 - COMPLAINT FOR PERSONAL 

INJURY AND WRONGFUL DEATH ACTION 

Case 6:15-cv-00968-MC Document 1 Filed 06/03/15 Page 5 of 5