Professional Negligence Law Reporter

Justin Miller, a 33-year-old Marine Corp veteran who experienced traumatic events during his deployment to Iraq, called the VA National Suicide Prevention Hotline, complaining of suicidal thoughts and other problems. Miller, who admitted to having immediate access to guns, agreed to drive himself to the Minneapolis VA’s emergency department. When he presented to the VA approximately an hour-and-a-half later, he again complained of suicidal thoughts. A psychiatrist recommended an observational admission for safety, stabilization, and crisis management.

A social worker performed a suicide prevention risk assessment screening several hours later, and Miller was noted to have thoughts of suicide and a possible plan with a gun. His suicide risk was recorded as severe. The next morning, Miller told a social worker that he had access to guns and had thoughts of dying by suicide in multiple ways. A nurse practitioner documented that Miller’s mood was depressed and hopeless and that he felt he was a burden on his parents. At a meeting with another social worker the next day, Miller expressed reservations about staying with his parents following his discharge and voiced frustration about having to rely on them. He also told a nurse that he wanted help and a plan for when he left the hospital. The nurse completed a safety plan with Miller the next day, which required him to take responsibility for his safety at home, including removing firearms from the home.

Miller was subsequently discharged from the hospital with a plan that he would drive himself to his parents’ home. The next day, a patrol officer found Miller’s body in his car, which was left running in the VA parking lot. A .380 caliber pistol was found in his lap under his right hand. Miller is survived by his parents.

His father, as his trustee and next-of-kin, sued the United States, alleging medical negligence. The plaintiff asserted that the defendant’s providers had failed to provide lethal means counseling during Miller’s safety planning intervention; assess his access to guns; act to eliminate or reduce his access before discharging him; and engage Miller’s parents in discharge planning, including confirming that they were aware of the plan to discharge Miller to their home.

The parties settled for $385,000.

Citation: Miller v. United States, No. 21-cv-0161 (WMW/JFD) (D. Minn. Sept. 29, 2022).

Plaintiff counsel: AAJ member Anthony J. Nemo, Rochester, Minn.; and AAJ member Ashleigh Raso, Minneapolis.