Tucson vet's widow awarded $750,000 for poor VA care

• A federal judge awarded $750,000 to the widow of a Navy veteran who died under the Tucson VA's care.
• The judge said the veteran's doctors did not provide the appropriate standards of care.
• The U.S. government has 60 days to decide whether to appeal.

A federal judge this month awarded $750,000 to the widow of a paraplegic man who died two days after arriving at the Tucson VA emergency room to seek treatment for stomach pain.

The judge found four doctors at the Southern Arizona VA Health Care System failed to meet standards of care for James Massara, whose complaints of stomach pain cascaded into dehydration and collapsed veins. The 56-year-old U.S. Navy veteran died less than 48 hours after arriving at the Tucson hospital.

U.S. Magistrate Judge Bernardo P. Velasco wrote in the April 6 judgment that "doctors in charge of Mr. Massara ... fell below the appropriate standard of care" by failing to give him fluids and remove a bowel obstruction in time.

Massara's widow, Susan Massara, said that she was grateful for the award but misses her husband every day. The couple moved to Arizona in 2010 from Syracuse, N.Y.

"We missed out on so many things we planned to do here," said Susan, who also is paraplegic and relied on her husband for companionship and daily assistance. "I feel I was robbed of my spouse, my best friend and the love of my life."

Massara, who had been constipated for two days, was transported by ambulance to the Tucson hospital's emergency room on June 27, 2011, complaining of stomach pain, nausea and vomiting. Though his medical history, a physical exam and lab results suggested he was dehydrated, the VA's emergency-room doctor did not order fluids and there were no records of his fluid intake or output, court records show.

The judge also found fault with doctors' failure to manually remove a small-bowel obstruction or consult a surgeon.

Massara was admitted to the VA hospital the day after his ER visit and later to the hospital's intensive-care unit as his condition worsened. Doctors eventually tried to place a central line to administer fluids and draw blood from his collapsing veins for more tests, but Massara died just after 1 a.m. on June 29, 2011.

"The failure of the ... physicians was the proximate cause of death of James Massara," Velasco wrote.

Susan Massara said she initially had no plans to sue the VA after her husband died, but she quickly grew frustrated when she tried to get answers about her husband's medical records.

"I was getting the runaround," Susan said, so she consulted a Tucson law firm. She sued and participated in a seven-day bench trial last November in U.S. District Court in Tucson.

In a statement, the VA offered condolences to the Massara family but noted the government has 60 days to appeal. The Department of Justice's Office of the Solicitor General will decide whether to appeal the case, the VA said.

Susan Massara has no plans to move from her small Tucson residence. She said she will buy a van with a ramp and room for her wheelchair so she can get around town more easily. She also plans to purchase a shower chair, which she says Medicare will not pay for.

"It's very bittersweet to think about my husband," Susan said. "I'd rather him be here."