Las Vegas, Nevada U.S. District Court - Case# 2:23-cv-01872-JAD-MDC
THE VA COVER-UP
THEY DON’T WANT YOU TO SEE
Veteran Robert Wayne Kerner trusted the U.S. Veterans Affairs system — and nearly died for it. Misdiagnosed with cancer, subjected to unnecessary procedures, and then buried under two years of government obstruction, his case is now shining a national spotlight on medical malpractice, civil rights violations, and judicial misconduct.
This isn’t just one man’s battle — it’s a warning to every American who believes justice is guaranteed.
What’s at stake? Everything. Government integrity. Veteran protection. Judicial accountability. And YOUR right to due process.
"This isn’t about politics — it’s about survival. No veteran should have to beg for justice after nearly dying from the care they trusted."
Follow the case. Share the truth. Demand accountability.
🎧 PRESS RELEASE – FOR IMMEDIATE PUBLICATION
May 3, 2025 | Las Vegas, NV
Veteran Files Motion for Default Against U.S. Government in Federal Court – Cites Years of Evasion and Judicial Inaction
LAS VEGAS – After three years of documented medical negligence, administrative gaslighting, and procedural obstruction, Robert Wayne Kerner, a U.S. Army veteran and self-represented plaintiff, has filed a formal Motion for Entry of Default and Default Judgment in federal court under Case No. 2:23-cv-01872-JAD-MDC.
The motion cites the government’s continued failure to answer the operative complaint, which was properly filed and served on November 20, 2024. Despite clear judicial instruction, the U.S. Department of Justice responded to an outdated, nullified pleading—and has never acknowledged the plaintiff’s active filing.
“Enough is enough,” said Kerner. “This isn’t just delay—it’s targeted, institutional indifference to a veteran who caught the VA using a false cancer diagnosis to justify denial of care.”
🔍 Key Points from the Filing:
Defendant failed to respond to the operative FTCA Complaint as required by Federal Rule of Civil Procedure 12(a)(2).
The DOJ’s reply (ECF No. 69) incorrectly lists Jason Frierson as U.S. Attorney, though he resigned in January 2025.
A separate Rule 26 disclosure dated April 14, 2025, identifies Sigal Chattah as U.S. Attorney but omits her “Interim” status, adding to a pattern of procedural sloppiness.
AUSA Virginia Tomova, counsel of record, has been silent on the core medical facts since 2024.
Kerner’s motion includes a Proposed Order for Default, a Certificate of Service, and cites legal authority under FRCP 55(a) and (b)(2) and Eitel v. McCool, emphasizing the VA’s culpability and the harm caused by ongoing delay.
“I’m not asking for special treatment—I’m asking for a legal response to a legal complaint. I’ve followed every rule. They’ve ignored every fact,” Kerner added.
The motion was served electronically to the U.S. Attorney’s Office, including AUSA Tomova and Interim U.S. Attorney Sigal Chattah, with full confirmation retained.