Linda William, the wife of a now-deceased Vietnam Era veteran. Linda shared with you that her husband, John William, was a staff sergeant in the United States Army and deployed to Phan Rang, Vietnam, from 1968-69, with the 101st Airborne Division as a combat medic in support of the Tet Offensive. While SSgt. William returned home safely, he was repeatedly exposed to Agent Orange while in Vietnam. Exposure to Agent Orange has been linked to increased risk of cancers and other illnesses in later life, including diabetes mellitus, Parkinson's disease, and prostate cancer, among others.

Many years after Vietnam, Mr. William was diagnosed with diabetes and received continued treatment by the Department of Veterans Affairs (VA) for his diabetes. During an annual physical, blood tests revealed Mr. William's prostate-specific antigen (PSA) levels were extremely elevated, which alerted his doctor that Mr. William should have a follow-up blood test a month later. Unfortunately, due to a clerical error, it was an additional 6 months before Mr. William was scheduled for another blood test. On this second test, his PSA levels registered even higher than before. Still, Mr. William was not made aware of the results, and his doctor never contacted him, a clear violation of VA hospital policy. However, his doctor did notate Mr. William's medical records, indicating he was at a high risk for prostate cancer and needed a biopsy immediately.

Although Mr. William continued to receive care and treatment at the VA, it took his doctor 2 years to schedule a biopsy. Following the biopsy, Mr. William tested positive for an aggressive form of prostate cancer, common in Vietnam veterans exposed to Agent Orange, and was told he would need to undergo surgery to remove his prostate immediately. While his doctor was hopeful, he did acknowledge to Mr. and Mrs. William that due to the 2-year delay in treatment and the aggressive nature of the cancer, the outlook was not positive.

Mr. William underwent treatment to remove his prostate cancer but, sadly, he succumbed to the cancer 8 months later. Mrs. William believes that due to the doctor's failure to test and treat her husband for over 2 years, the VA is responsible for her husband's death. She would like to bring a lawsuit against the Department of Veterans Affairs.

• Sovereign immunity, including a brief discussion of its history and function today.
• The Federal Tort Claims Act and whether Mrs. William may bring a cause of action against the Department of Veterans Affairs for her husband's death.
• What remedies are available, assuming Mrs. William is successful in her lawsuit.