Plaintiff Alleges Negligence Against Federally Operated Healthcare Facility

A Portsmouth resident has filed a lawsuit against the United States government, alleging negligence in medical care that resulted in severe personal injuries. On February 20, 2026, Earnest St. Clair Freeman Jr. filed a complaint in the United States District Court for the Eastern District of Virginia, Richmond Division, naming the United States of America as the defendant.

The case centers around an incident that occurred on November 29, 2022, when Freeman underwent surgery at the Richmond VA Medical Center for a Left Retroperitoneal Mass Excision. According to the complaint, Dr. Syed Ammer W. Shah performed the surgery but failed to inform Freeman that the tumor was a schwannoma—a nerve tumor affecting his left leg’s lateral femoral cutaneous nerve. The lawsuit claims that Dr. Shah sacrificed this nerve during surgery without prior consultation with a neurosurgeon or advising Freeman of potential risks and outcomes.

Freeman argues that these actions constitute medical negligence under Virginia law and violate the Federal Tort Claims Act (FTCA). The FTCA allows individuals to sue the federal government for wrongful acts committed by its employees within their official capacity. In this case, Freeman contends that Dr. Shah’s actions fell below the standard of care expected from reasonably prudent healthcare providers and directly resulted in permanent injuries such as irreparable nerve damage and loss of mobility.

In addition to detailing these allegations, Freeman’s complaint outlines his pursuit of administrative remedies before filing suit. He submitted an administrative tort claim to the Department of Veterans Affairs on November 26, 2024, which was denied on August 22, 2025—prompting him to seek judicial relief within six months as mandated by law.

Freeman is seeking compensatory damages totaling $2.5 million for his physical pain and suffering, emotional distress, medical expenses incurred and anticipated future costs related to rehabilitation and medication needs due to his injuries’ severity and permanence.

Represented by attorney David L. Epperly Jr., from Epperly & Follis P.C., Freeman requests a bench trial since FTCA claims are tried without a jury per legal requirements. The case is identified under Civil Action No: 3:26-cv-00137.