Veteran Seeks Immediate Corrective Care Under FTCA; Ninth Circuit Petition Filed to Restore Merits Forum
The Californer/10331583

BEVERLY HILLS, Calif. - Californer -- MEDIA BRIEF (1-page)

Summary (90 seconds). Since 2009, the record reflects a VA clinical-operations failure that delayed a diagnosis for years. Congress preserved a tort remedy under the FTCA (28 U.S.C. §1346(b)) and 38 U.S.C. §7316. Immediate, narrow ask: fund corrective care now while litigation proceeds.

Ten essentials

• Who — Appellant: Donovan J. Foster; Appellee: United States (DOJ/VA).
• Posture — Stamped Petition for Panel Rehearing & Rehearing En Banc filed Nov 6, 2025 (No. 24-140).
• Core law — §511(a) channels benefits; FTCA/§7316 preserve tort claims for clinical-operations negligence.
• Merits ask — Harmonize §511(a) with FTCA/§7316; restore district-court adjudication.
• Immediate ask — Approve and fund corrective care now.
• Ledgered Damages — Notarized NOTICE OF LEDGERED DAMAGES / SOVEREIGN ECONOMIC SUBMISSION (hash-validated, service proofs, monthly accrual).
• Fiscal governance — Handle exposure consistent with Judgment Fund (31 U.S.C. §1304) and federal contingency reporting (FASAB/SFFAS).
• Systemic risk — Non-performance after operational fault undermines the "full faith and credit" assumption; affects spreads and procurement pricing.
• Public interest — Veterans' timely care; rule-of-law insurance functioning as designed.
• Next step — Fund care promptly; let the case proceed on the merits.

FOR IMMEDIATE RELEASE

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Veteran Demands Rule-of-Law Remedy Under FTCA: Fund Corrective Care Now; Ninth Circuit Asked to Harmonize §511(a) with Congress's Clinical-Operations Tort Remedy

LOS ANGELES, CA — November 9, 2025 — Counsel for Donovan J. Foster announced the filing of a stamped Ninth Circuit petition seeking panel rehearing and rehearing en banc (No. 24-140). The petition explains why 38 U.S.C. §511(a) (benefits channeling) does not erase Congress's FTCA remedy preserved in 38 U.S.C. §7316 for VA clinical-operations negligence. The narrow interim request is lawful and urgent: fund the medically necessary corrective care now while the courts resolve liability and damages.

Counsel (rights-forward): "No veteran should be left without care because of an operational records failure. Congress wrote the FTCA to remedy this. The lawful step is simple: fund corrective care now while the courts do their work."

Notice of Ledgered Damages / Sovereign Economic Submission. A notarized notice places DOJ, VA, Treasury, and the Court on appropriations/accounting notice via a hash-validated exhibit index, service proofs, and monthly accrual protocol—so the exposure is recognized, disclosed, or explained consistent with federal fiscal controls (e.g., Judgment Fund, 31 U.S.C. §1304) and contingency reporting (FASAB/SFFAS).

Systemic Market Risk. A companion memorandum frames the FTCA as the United States' functional sovereign-insurance mechanism and warns that non-performance after operational fault undermines market confidence in the nation's "full faith and credit," widening spreads and distorting procurement pricing.

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Documents (public copies):

• Stamped Petition (Nov 6, 2025):

Direct PDF: https://archive.org/details/stamped-petition-for-panel-rehearing-and-petition-for-rehearing-en-banc-foster-f

• Notarized Notice — NOTICE OF LEDGERED DAMAGES / SOVEREIGN ECONOMIC SUBMISSION:

Direct PDF https://archive.org/details/notice-of-official-submission-notarized-foster-ftca-ledgered-damages-notice-2025-11-09

• Systemic Market Risk Memorandum:

Direct PDF: https://archive.org/details/systemic-market-risk-triggered-by-federal-breach-of-ftca-obligations-foster-ftca

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