Category: Case Results

Federal Medical Malpractice Settlement Reached After Administrative Denials, Federal Filings, and Painstaking Advocacy

Posted on by Becky Haugen

Army Pilot Wins FTCA Medical Malpractice

Federal Medical Malpractice Settlement—Fox Army Health Center, Redstone Arsenal, Alabama

A Life Forever Changed: Settlement Brings Justice, But Not the Years Lost

After years of relentless legal battles, a long-awaited settlement has been reached in a medical malpractice case brought under the Federal Tort Claims Act (FTCA) against the United Army. Represented by attorney Dylan Thayer of the Law Offices of David P. Sheldon, PLLC, the client, a retired service member and federal civilian employee, faced a devastating medical injustice that will forever shorten his life.

For years, the client entrusted military medical providers with his annual flight physicals, a critical requirement for his career. These examinations were supposed to safeguard not just his professional readiness, but his health. Yet, despite his family history of prostate cancer and his repeated disclosures of that risk, military medical providers at Fox Army Health Center, Redstone Arsenal, Alabama failed to perform the basic and recommended PSA testing for three consecutive years.

The consequence was catastrophic. By the time the cancer was discovered, it was Stage 4 and terminal, with metastasis spread to the bones and spine. His prognosis, once filled with promise and years of service ahead, was now tragically shortened.

The Veteran pursued justice not for financial gain, but for accountability and recognition of the harm done. His fight exposed systemic failures in military healthcare, failures that left him without the chance for earlier treatment that could have extended his life.

“This is a case about accountability and dignity,” said Attorney Dylan Thayer. “Our client trusted the system designed to protect him, and the system failed him. While the settlement offers some measure of justice, it comes at a heartbreaking cos, years of life lost that no legal resolution can restore.”

The settlement marks the conclusion of a legal journey that spanned years of administrative denials, federal filings, and painstaking advocacy. It is a victory that carries both relief and sorrow: relief that justice has been recognized, and sorrow that justice came too late to change the ultimate outcome.

This case highlights a critical reminder for military and civilian healthcare systems alike: adherence to medical standards is not optional. The costs of negligence are not measured in dollars alone, but in human lives and the time unjustly taken from them.

About the Law Offices of David P. Sheldon, PLLC:

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is a national law firm dedicated to representing service members, veterans, and federal employees in matters involving military justice, administrative law, federal employment, and medical malpractice. The firm has built a reputation for delivering results in complex cases where the stakes are life, liberty, and livelihood.

Disclaimer:

This press release is for informational purposes only and does not constitute legal advice. Reading this release does not create an attorney-client relationship.

 

Army Veteran Wins Medical Retirement After Long Fight for Justice

Posted on by Becky Haugen

After fighting for over 10 years an army veteran gets justice

After more than a decade of pain, appeals, and repeated denials, a U.S. Army veteran has finally secured justice. On September 12, 2025, following a formal hearing before the Physical Evaluation Board (PEB), the Board recognized what years of medical evidence had already made clear: the veteran’s combat-related injuries rendered him unfit for service and entitled him to a medical retirement.

This decision marks the end of a grueling journey that began with a Humvee accident in Iraq in 2008, where the soldier sustained traumatic brain injury, multiple orthopedic injuries, and post-traumatic stress disorder. Rather than receiving the disability evaluation process required by Army regulations, he was left in limbo for years on temporary medical profiles, eventually separated at the end of his service contract in 2011 without the medical retirement he deserved. Despite his documented conditions, which later earned him a 100% permanent and total disability rating from the Department of Veterans Affairs, the Army refused to grant him retirement benefits. For over a decade, he fought through the Army Board for Correction of Military Records and multiple PEB reviews, compiling an extensive record of medical evidence, VA ratings, and legal arguments to prove what should have been recognized years ago, that he was permanently unfit for service. The member even filed suit in District Court, obtaining a remand, which led to his ultimate victory.

“This case demonstrates the perseverance of a soldier who refused to let bureaucracy erase his sacrifice,” said Attorney Dylan Thayer, who represented the veteran. “Our client gave everything for his country, and after years of struggle, the system has finally acknowledged that he was entitled to a medical retirement from the very beginning. It is an honor to stand by him in securing this result.”

The Board’s decision not only restores the veteran’s dignity but also grants him critical benefits, including retirement pay, health care, and backdated entitlements. It sends a broader message that service members should not have to fight for years to obtain the care and recognition that the law already promises them.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents U.S. service members, veterans, and federal employees in military and federal employment law matters, including courts-martial defense, PEB/MEB representation, ABCMR appeals, and security clearance defense. The firm is dedicated to correcting injustices and protecting the rights of those who serve.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Reading this release does not create an attorney-client relationship.

 

Court of Appeals for the Armed Forces Overturns Airman’s Conviction; Restores Honor and Career

Posted on by Becky Haugen

Montana Air

The Law Offices of David P. Sheldon, PLLC announced today a significant victory before the United States Court of Appeals for the Armed Forces (CAAF), which unanimously reversed the wrongful conviction of an Airman wrongfully convicted of cocaine use.  The unanimous decision found that prosecutors had wrongfully failed to disclose exculpatory evidence under Brady v. Maryland.

This decision likely secures more than three years of back pay and allowances for the Airman and, most importantly, removes his criminal conviction, ensuring he will be honorably discharged.

From Injustice to Vindication

The young Airman faced a devastating court-martial conviction in 2021 at Little Rock Air Force Base after the government withheld and destroyed critical evidence that could have exonerated him. While one of his co-accused was acquitted and another not even charged, the Airman was left with a court martial conviction, “bad paper” discharge, denied appellate review, and forced to rebuild his life working at a Home Depot.

After his initial Article 69 petition was denied, the Law Offices of David P. Sheldon, PLLC took the case pro bono. When the Air Force Court of Criminal Appeals affirmed the conviction, Senior Military Defense Attorney Annie Morgan, argued the appeal before the CAAF in Spring of 2025.

This morning, the CAAF issued its unanimous decision, ruling that the lower court erred in dismissing withheld exculpatory evidence, a clear violation of Brady v. Maryland. The Court found the government’s destruction of investigative files and failure to disclose evidence fundamentally undermined the fairness of the trial.

A Voice for All Service Members

“This case reaffirms that every service member, no matter their rank, deserves a fair trial,” said Annie Morgan, Senior Military Defense Attorney at the Law Offices of David P. Sheldon. “Our client stood alone for years, but today the Court has restored his honor and ensured that justice prevails.”

Case Impact

The Court set aside both the findings and the sentence, underscoring that suppressed evidence of potential innocent ingestion and investigative misconduct should have been disclosed.

This ruling strengthens due-process protections across the armed forces and sends a clear message that the government must honor its constitutional discovery obligations.

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is a nationally recognized firm representing military service members, federal employees, and veterans. With a focus on courts-martial defense, medical retirement boards, and appeals before military and federal courts, the firm is committed to safeguarding the rights, careers, and honor of those who serve.

Disclaimer

This release is for informational purposes only and does not constitute legal advice. Past results do not guarantee a similar outcome. No attorney-client relationship is created by this announcement.

 

Air Force Veteran Wins Long-Fought Battle to Restore Her Honorable Service

Posted on by Becky Haugen

Airforce Image of Uniforms

After nearly a decade of fighting to correct an injustice, a former Airman Basic has finally succeeded in having her military discharge upgraded to “Honorable.”

The Airmen enlisted in the U.S. Air Force in 2012, where she excelled serving in Germany supporting Patriot Express missions. Her career trajectory shifted, however, after a transfer stateside in 2015. There she endured domestic abuse at the hands of her spouse and faced a devastating lack of support from her chain of command. Instead of receiving protection, the Airman was pushed into marital counseling that worsened her trauma.  The abuse, combined with untreated medical issues, led to severe sleep disorders and adjustment disorder with depression. These conditions caused her to be late for work on multiple occasions, incidents her command labeled as “misconduct (minor infractions).” She was separated with a “General” discharge, stripping her of the full recognition and benefits.

Despite this, the Airman never gave up. She built a successful civilian career, proving that the issues she faced were rooted in circumstances beyond her control—not a lack of dedication or ability. She then pursued every available appeal, courageously telling her story to military review boards even after initial denials.

On May 29, 2025, the Air Force Discharge Review Board voted to correct the injustice. The Board found her prior characterization inequitable, upgrading her discharge to Honorable, changing her narrative reason to Secretarial Authority, and revising her reentry code.

“She carried this stigma for years, but knew her service was honorable,” according to her attorney< David P. Sheldon, who represented her before the Board. “This upgrade means the record finally reflects the truth.”

Her persistence not only restores her dignity but also highlights how survivors of abuse and trauma within the ranks are too often punished instead of supported.

The case was part of the Johnson et al. v. Kendall class action settlement, which required the Air Force to review thousands of discharges under more compassionate standards of equity and clemency

About the Law Offices of David P. Sheldon, PLLC

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., represents service members, veterans, and federal employees nationwide. The firm is dedicated to ensuring fairness in military justice, protecting veterans’ rights, and correcting injustices in service records.

Disclaimer

This press release is for informational purposes only and does not constitute legal advice. Outcomes vary based on specific facts and legal circumstances. Past results do not guarantee future outcomes.

U.S. Air Force Member Granted Honorable Discharge, Opens Path to Medical Evaluation Board Review

Posted on by Becky Haugen

A service member represented by the Law Offices of David P. Sheldon, PLLC has been granted an Honorable Discharge from the United States Air Force, following the approval of a conditional waiver by Major General Daniel A. DeVoe, Commander of the Air Force District of Washington (AFDW). This decision closes an administrative separation proceeding and allows the member to move forward with a Medical Evaluation Board (MEB) process to address service-related health concerns.

Originally initiated due to allegations of misconduct, the administrative discharge proceedings temporarily halted the member’s medical review process. However, with the recent decision to issue an Honorable Discharge, the member is now eligible to pursue further review before the Air Force Board for Correction of Military Records (AFBCMR) in an effort to reinstate the MEB.

“This is a significant and affirming step,” said Annie Morgan, Senior Military Attorney at the Law Offices of David P. Sheldon. “It not only honors our client’s service but also acknowledges the importance of ensuring access to the medical systems designed to support service members affected by trauma. We are now in a position to re-engage with the MEB process so that our client can receive a full and fair evaluation of their health conditions.”

The member’s appeal to preserve the MEB was initially denied after a military separation board determined that the member’s conduct was not linked to any underlying service-connected disability. That decision is now subject to further review. The legal team argues that the misconduct was closely tied to undiagnosed or untreated PTSD and related behaviors stemming from operational stress.

The Law Offices of David P. Sheldon is now preparing the client’s petition to the AFBCMR, advocating for the reinstatement of MEB proceedings and any related benefits the member may be entitled to under military disability retirement rules.

About the Law Offices of David P. Sheldon, PLLC
Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC provides aggressive and compassionate legal representation to service members across all branches of the military. The firm is nationally recognized for its expertise in military justice, medical retirements, security clearance defense, and discharge upgrades.

Legal Disclaimer: The content of this press release is provided for informational purposes only and does not constitute legal advice. Past results do not guarantee future outcomes. Individuals seeking legal representation should consult with a qualified attorney.

Error and Injustice Reversed in Clearing CDL Driver’s Mistaken Record in National Driver Register

Posted on by Becky Haugen

Law Offices of David P. Sheldon Secures Clearance for Professional Driver Wrongfully Suspended Due to State Record Error

Washington, D.C. – The Law Offices of David P. Sheldon, PLLC, has successfully resolved a critical driver’s license suspension case on behalf of a Pennsylvania resident whose professional livelihood was threatened by an unfounded suspension recorded in Tennessee.

The plaintiff, a professional driver, was wrongfully flagged in the National Driver Register due to a decades-old Tennessee violation record that did not belong to them. Despite clear evidence that they were not the driver who had failed to appear in Tennessee court or pay the related fine, the error caused the suspension of their driving privileges and blocked the renewal of their Pennsylvania CDL driver’s license.

The wrongful suspension jeopardized the plaintiff’s ability to drive commercially, causing significant and unjust hardship, including the loss of income opportunities and disruption to their professional life.

Through tenacious legal advocacy, the Law Offices of David P. Sheldon, PLLC worked directly with the Tennessee Department of Safety and Homeland Security, the Williamson County Juvenile Court, and Pennsylvania’s Department of Transportation (PennDOT). After a detailed legal review, Tennessee officials formally reversed the erroneous suspension and cleared the plaintiff’s driving record, allowing the plaintiff to regain their full commercial and personal driving privileges.

“Our client was unfairly burdened by an error that had real, damaging consequences on their ability to work and provide for themselves,” said David P. Sheldon, founding attorney. “No individual should have to suffer career-altering setbacks due to bureaucratic mistakes. We were proud to stand up for our client, correct the record, and restore their rights.”

The firm remains committed to defending individuals who face unfair or erroneous government actions, when administrative errors interfere with livelihoods, security, and personal rights.

About the Law Offices of David P. Sheldon, PLLC:
Located in Washington, D.C., the Law Offices of David P. Sheldon, PLLC specializes in military, federal, and administrative law. The firm has earned national recognition for defending service members, veterans, and civilians against injustice in administrative and court proceedings.

Contact:
The Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600
Washington, D.C. 20003
Phone: (202) 546-9575
www.militarydefense.com

Disclaimer:
This content is for informational purposes only and does not constitute legal advice or establish an attorney-client relationship.

Air Force Civilian Paid Significant Multi Six Figure Settlement and Six Figure Attorneys’ Fees to Resolve Discrimination Case

Posted on by Becky Haugen

Law Offices of David P. Sheldon Secures Just Resolution Following EEOC Sign-Off

Washington, D.C. – April 18, 2025 — A federal civilian employee of the United States Air Force has reached a confidential settlement in a workplace discrimination case after the U.S. Equal Employment Opportunity Commission (EEOC) approved the agreement and formally dismissed the complaint with prejudice on April 16, 2025​.

The resolution followed a thorough and iterative review process by the EEOC administrative judge, who requested updates to the agreement language before ultimately granting approval. The complainant, an African American senior-ranking civilian employee, had alleged a hostile and discriminatory work environment stemming from repeated incidents involving her immediate supervisor. Claims included harassment on the basis of race and age, bullying, intimidation, and the creation of a toxic work environment​.

Annie Morgan, Senior Military Attorney with the Law Offices of David P. Sheldon, represented the complainant throughout the proceedings. “This settlement represents a meaningful conclusion to a deeply distressing chapter in our client’s federal service,” said Morgan. “She showed incredible courage by coming forward and asserting her rights. We are proud to have helped her obtain justice and preserve her professional reputation.”

The terms of the agreement include both a six-figure monetary compensation including reimbursement of attorney fees and restoration by various specific administrative remedies to be applied by the Air Force. In addition, the agreement includes provisions that support transparency and post-resolution compliance monitoring, ensuring the complainant’s dignity and rights are fully restored​.

While the exact financial terms of the settlement are confidential, the judge has issued a formal dismissal order, closing the case and granting the parties’ joint motion for resolution​.

About the Law Offices of David P. Sheldon
Based in Washington, D.C., the Law Offices of David P. Sheldon, PLLC provides experienced legal representation in military, federal employment, and national security matters. The firm’s attorneys are nationally recognized for their advocacy on behalf of service members, federal employees, and civilians navigating complex legal disputes within government agencies.

Contact:
Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600, Washington, DC 20003
(202) 546-9575
www.militarydefense.com

 

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice or legal representation. If you or someone you know is facing injustice or abuse of authority within the federal government or military, consult a qualified attorney experienced in UCMJ and federal employment law.

Legal Victory for USPHS Commander Denied DOJ Representation

Posted on by Becky Haugen

WASHINGTON, D.C. (April 14, 2025) – The Law Offices of David P. Sheldon, PLLC, a Washington, D.C.-based military and federal employment law firm, announces the successful resolution of a significant case involving a United States Public Health Service (USPHS) Commander who was personally sued for actions taken in the course of his federal duties.

The Commander had signed a lease agreement for a warehouse in furtherance of a government mission. Despite the agency’s approval and continued payment of the lease by the government for over two years, the agency later vacated the property and ceased payments. The property owner filed a personal lawsuit against the Commander in state court.

When the Commander requested legal representation from the Department of Justice (DOJ) under 28 C.F.R. § 50.15, the request was never acted upon. Without the representation to which he was entitled, the Commander was left to defend himself in court and was ultimately held liable.

With legal representation by Dylan Thayer of the Law Offices of David P. Sheldon, the Commander filed suit in the United States Court of Federal Claims, asserting the government’s failure to follow required procedures. The case was ultimately resolved through a negotiated settlement, and the matter was dismissed with prejudice, bringing long-overdue closure for the officer and reinforcing the protections owed to federal personnel.

“This case reflects the real-world consequences federal employees face when agencies don’t fulfill their legal obligations,” said attorney Dylan Thayer. “We’re honored to have helped this Commander secure justice.”

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon, PLLC, located in Washington, D.C., defends military service members and federal employees nationwide in both civil and criminal matters. The firm has decades of experience handling courts-martial, administrative boards, security clearance cases, and high-stakes federal litigation. Its attorneys are committed to safeguarding the rights of those who serve.

Contact Us:
Law Offices of David P. Sheldon, PLLC
100 M Street SE, Suite 600
Washington, DC 20003
202-546-9575
MilitaryDefense.com

 

Disclaimer:
This press release is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Each case is unique and results may vary depending on specific facts and legal circumstances.

 

 

Law Offices of David P. Sheldon Wins Workplace Separation Dispute

Posted on by Becky Haugen

Law Offices of David P. Sheldon Supports Northern Virginia Professional in Workplace Separation Dispute

Washington, D.C. — The Law Offices of David P. Sheldon, PLLC, recently assisted a Northern Virginia professional in navigating a last-minute employment dispute tied to her resignation from a long-time position. Despite years of loyal service and a clean track record, the employee faced unexpected resistance during her transition to a new opportunity, illustrating a broader issue in employment law: the vulnerability of workers at the point of separation.

The client had devoted years to her role and operated with a high level of personal integrity and trust in her workplace. However, when she made the personal decision to accept a new position elsewhere, she encountered pushback related to her accrued benefits, despite what she believed to be a well-established pattern of work and mutual understanding with her employer.

As is often the case with some organizations or informal workplaces, policies were not consistently enforced or documented. This client’s situation underscores the challenges employees can face when leaving a position, even under positive circumstances. Legal protections exist for earned compensation and workplace fairness, but asserting those rights can be daunting, especially for individuals who are conflict-averse or unaccustomed to legal advocacy.

“Our client had served her institution faithfully for years,” said Annie Morgan, Virginia and Senior Attorney at the Law Offices of David P Sheldon. “She simply wanted to exit with dignity and retain what she had earned through hard work and commitment. Unfortunately, these moments, right before departure, are when we sometimes see long-serving employees treated unfairly.”

With swift legal support, the firm worked with her to bring clarity to the situation, protect her rights, and help her part ways on terms that reflected her service. In gratitude, she offered the following five-star review:

“David and his team assisted me with a difficult and stressful self-chosen separation from my employer. The entire group was thoughtful, supportive, prompt and worked within a very limited timeline. I am extremely grateful for their dedication and generosity.”

This case reflects the importance of knowing your rights when leaving a position, especially for long-term employees accustomed to informal agreements or verbal understandings. Legal support can ensure that decades of hard work are respected, and that transitions are handled fairly and lawfully.

About the Law Offices of David P. Sheldon

The Law Offices of David P. Sheldon, PLLC, based in Washington, D.C., is a nationally respected law firm representing service members, federal employees, and civilians in complex legal matters across the country. The firm’s employment law practice includes workplace separations, wrongful terminations, and disputes over compensation, benefits, and contracts. Known for its strategic counsel and client-centered approach, the firm empowers individuals to protect their livelihoods and their legacies.

Contact:
Law Offices of David P. Sheldon, PLLC
Phone: (202) 546-9575
Website: www.militarydefense.com

Disclaimer

This release is intended for informational purposes only and does not constitute legal advice. Employment law varies by jurisdiction and circumstance. If you are experiencing a workplace issue or dispute, consult a qualified attorney to assess your legal rights and options.