Family files wrongful death lawsuit following Marine veteran's suicide hours after leaving Minneapolis VA Medical Center

A Twin Cities metro mother blames the Minneapolis VA Medical Center for her son's suicide. 

Marine veteran Allen Giller died less than four hours after leaving the Medical Center in 2022. His mother has filed a federal civil lawsuit. According to court documents, the VA denies the allegations. 

Deb Giller recalls his final moments with Senior Investigative Reporter Jennifer Mayerle. We want to warn you it includes discussions of suicide. 

"He rests here with me. I start my day and end my day here, praying over him and holding him," Deb Giller said, standing by her son's ashes.

The corner of Deb Giller's home holds so much meaning with her late son, Allen. His presence is felt throughout her place.

"Allen was free-spirited. Always wanted to be a Marine and was in camo by the time he was four," Deb Giller said.

The 27-year-old Marine Corps veteran served in Afghanistan during Operation Enduring Freedom. 

Allen Giller's family says he received several commendations before he was honorably discharged. They say it was only after that, he was diagnosed with mental illness.

"PTSD, bipolar tendencies, so high highs and low lows," Deb Giller said.

The diagnosis was the beginning of a run of hospitalizations and mental health holds. 

Medical records show Allen Giller went back to the Minneapolis VA Medical Center one day after being discharged from a 72-hour hold. He was asking for help. That was on March 17, 2022.

"And I've been on a loop since he died of having to relive that day over and over and over again," Deb Giller said.

According to medical records, soon after being admitted Allen Giller wanted to leave. Records show a psychiatrist had to sign off, and "the patient was discharged to his mother's care as requested on 17 March with follow-up in place." 

"I was just being a mom. They should have kept him. If the computers could have talked to each other, if somebody could have made a call from the ER to the floor. Who knows what would have happened? I think my son would still be alive," Deb Giller said.

According to a police report, Deb Giller says Allen Giller "seemed to quickly switch attitudes" on the way home. The report shows she made a 911 call for "an adult son who is manic" saying "she was worried he could get hit by a vehicle" after he ran away and into traffic. Police notes say "I did not see anything that would lead me to believe that the male was a threat to himself or others" and "we did not have enough to place the male on a health and welfare hold." 

After police left, Deb Giller was driving her son back to the Minneapolis VA Medical Center when she said he kept trying to get out of her car.

"I was begging him, begging him and at some point, he just took off his hat and opened the door and rolled out in traffic on 94. I pulled over, and I was getting out and screaming. And he jumped up on the overpass, saluted and then he was gone. And I was just screaming, 'Jesus, help me, please, help me, please, help me.' I can't do anything different because it's over, I can't unsee what happened. But a part of me died that day as well," Deb Giller said.

Attorney Peter Bertling is suing the United States government on behalf of the Giller family for wrongful death.

"I brought this lawsuit because this is a death by suicide that could have been prevented," Bertling said. 

The lawsuit filed in 2024 reads "Allen should never have been discharged … because he was mentally unstable; had attempted suicide earlier that morning; was a danger to himself and others; and at high risk for suicide." 

"If the physicians and health care providers at the Minneapolis VA would have followed their own policies and procedures, their own mandatory suicide prevention training, Allen Giller would probably still be with us here today. But they didn't. They failed him, they failed his family, and they failed the system," Bertling said.

A VA spokesperson told WCCO: "VA does not comment on pending litigation."

WCCO reviewed the VA's Suicide Prevention Program Bertling provided, which was in place at the time of Allen Giller's hospitalization. Medical records show at least one suicide risk assessment was done by a psychiatry resident. Allen Giller was found to be low risk. She noted Allen Giller should be admitted for stabilization and safety, and if he didn't voluntarily stay, he may need to be placed on a hold. 

WCCO did not find a full assessment on March 17, 2022, from the staff psychiatrist who discharged him.

"The psychiatrist didn't do a proper suicide risk analysis as he was trained to do before he let Allen leave the VA that day. That morning Allen came to the VA and he said, 'I need help.' He agreed to be voluntarily admitted to the VA, and then somebody who was not in his right mind changed his mind and they let him go," Bertling said.

Allen Giller's family has stayed close, saying they are forever changed by the loss. They share their grief because they want to prevent another family from feeling their pain. 

"He was just a baby, 27 years old. And I brought him into this world, and I was there when he left this world," Deb Giller said.

While the VA wouldn't comment, WCCO found it denied the allegations in court documents. A judge denied the request to dismiss the case. A settlement conference is scheduled for Wednesday.

If you or someone you know is in emotional distress, get help from the Suicide and Crisis Lifeline by calling or texting 988. Trained crisis counselors are available 24 hours a day to talk about anything.

In addition, help is available from the National Alliance on Mental Illness, or NAMI. Call the NAMI Helpline at 800-950-6264 or text "HelpLine" to 62640. There are more than 600 local NAMI organizations and affiliates across the country, many of which offer free support and education programs.