trial over...we lost
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ironmansmom
- Posts: 92
- Joined: Sun Jul 27, 2008 7:15 pm
trial over...we lost
after a 7 day trial...we lost..no words can express the way I am feeling right now...it is not FAIR!! I just want to scream at the top of my lungs...my child is 12 now and it feels like it just happened again...the lies, the cover-up of other doctors...it just sickens me...it was the hardest thing to do explaining to my son that we lost...i am sad and confused...don't understand how the jury could find for the doctor...
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KimW
- Posts: 58
- Joined: Fri May 09, 2008 9:24 pm
- Injury Description, Date, extent, surgical intervention etc: My daughter has a right obstetrical injury. She is 16.
Two surgeries include nerve graft and muscle release.
A great kid that plays soccer, rides horses, plays the piano
and clarinet.
Re: trial over...we lost
I am so sorry that you lost your case. It is very discouraging and makes me very angry when our children are denied the compensation they deserve.
I'm wondering if passing of the healthcare legislation will result in more juries siding with doctors/defendants, thinking that universal healthcare will cover the plaintiff's losses and medical needs.
Any way, my thoughts are with you and your family right now as you overcome this disappointment!
I'm wondering if passing of the healthcare legislation will result in more juries siding with doctors/defendants, thinking that universal healthcare will cover the plaintiff's losses and medical needs.
Any way, my thoughts are with you and your family right now as you overcome this disappointment!
Kim West
"Children are likely to live up to what you believe of them." Lady Bird Johnson
"Children are likely to live up to what you believe of them." Lady Bird Johnson
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nkjacoby
- Posts: 81
- Joined: Sat Jun 21, 2008 9:06 pm
- Injury Description, Date, extent, surgical intervention etc: Nicholas is 11 years old and his birth was complicated by a severe shoulder dystocia resulting in a severe LOBPI. He has had 5 surgeries to date with very little improvement. His left arm has never fully gained any functional use and has been completely flaccid until his last surgery. It now sits at a more natural position, but he is still unable to use his arm. However, his hand function was never limited until after his most recent surgery and is now completely limited due to an ulnar nerve entrapment. He is getting ready to have his 6th surgery in April to free the ulnar nerve from his last surgery. He is an amazing young man who never gives up on his dreams. He is my HERO!!!
Re: trial over...we lost
I am so sorry to hear this. You and your family will be in my thoughts and prayers.
Mom to Nicholas 11 LOBPI, Dawson 7, and Kalyssa 5
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brenleys mom
- Posts: 5
- Joined: Tue Jan 05, 2010 1:00 pm
Re: trial over...we lost
Good morning, I just want to say I am so sorry about your result. We lost our trial a year ago this month and it is still hard. The jury just couldn't go against the doctor. We had the perfect case, a video showing it all and our attorney's did a wonderful job and we still lost. When they read the verdict it felt like a knife to my heart and having to re-live that all over again was the hardest thing, all the surgeries and the pain, but what hurt me the most as a christain was the doctor and nurse not telling the truth up there and then at the end in closing his attorney mocking what has become out lives and making it seem like nothing. I will be praying for you that you will find comfort in this decision, just always remember we have to take a stand for our children no matter the cost. Have a blessed day. Sandy
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Carolyn J
- Posts: 3424
- Joined: Tue Apr 06, 2004 1:22 pm
- Injury Description, Date, extent, surgical intervention etc: LOBPI. I am 77 yrs old and never had a name for my injuries until 2004 when I found UBPN at age 66.
My injuries are: LOBPI on upper body and Cerebrael Palsy on the lower left extremities. The only intervention I've had is a tendon transplant from my left leg to my left foot to enable flexing t age 24 in 1962. Before that, my foot would freeze without notice on the side when wearing heels AND I always did wear them at work "to fit in" I also stuttered until around age 18-19...just outgrew it...no therapy for it. Also suffered from very very low self esteem; severe Depression and Anxiety attacks started at menopause. I stuffed emotions and over-compensated in every thing I did to "fit in" and be "invisible". My injuries were Never addressed or talked about until age 66. I am a late bloomer!!!!!
I welcome any and all questions about "My Journey".
There is NO SUCH THING AS A DUMB QUESTION.
Sharing helps to Heal. HUGS do too. - Location: Tacoma WA
- Contact:
Re: trial over...we lost
You are ALL Warrior Mothers and Fathers.
I am sooo inspired by your Tenacity, Steadfastness, and Courage . It will all serve you well in the years ahead in dealing with Medical and Education Professions for your children. We here, in our UBPN Family, are always available for your questions, listening to Venting [very healthy], and Support.
There is no such thing as a dumb question.
Hugs all around,
Carolyn J
LOBPI/age 71
I am sooo inspired by your Tenacity, Steadfastness, and Courage . It will all serve you well in the years ahead in dealing with Medical and Education Professions for your children. We here, in our UBPN Family, are always available for your questions, listening to Venting [very healthy], and Support.
There is no such thing as a dumb question.
Hugs all around,
Carolyn J
LOBPI/age 71
Carolyn J
Adult LOBPI
Adult LOBPI
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anotherbpimom...
- Posts: 49
- Joined: Thu Mar 05, 2009 1:11 am
Re: trial over...we lost
I am so sorry! There is so much I want to say, but being in the middle of a legal situation myself, I'll just bite my tongue. I will say it makes me shake my head and want to stand on a roof top and scream to the whole world, saying all sorts of things.
You can email me to vent anytime!
Count your blessings and know you're loved and understood by our community here.
You can email me to vent anytime!
Count your blessings and know you're loved and understood by our community here.
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ABOWMAN77
- Posts: 7
- Joined: Mon Apr 26, 2010 2:48 pm
- Injury Description, Date, extent, surgical intervention etc: MY DAUGHTER SUFFERED A BIRTH INJURY ON 3-15-2010 AND HAS ERBS PALSY WE ARE WORKING WITH HER TRYING TO SEE ANY MOVEMENT OF HER RT ARM. WE ARE ALSO FILING SUIT ON THE DR, I REQUESTED C SECTION WHEN SHE WASNT COMING DOWN AND REFUSED FORCEPS ; WHICH WERE USED ANYWAY AND SHE WAS PULLED OUT BREAKING HER CLAVICLE AND CAUSING BPI
Re: trial over...we lost
I am so sorry. I am furious for you. How can a jury not see the heartache and pain that the family and the child endures when they are perfectly healthy until a DR makes a mistake or is just in too much of a hurry and causes this lifelong injury to a child. I just cannot understand.
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Jmarcellus
- Posts: 17
- Joined: Mon May 30, 2005 8:13 pm
- Injury Description, Date, extent, surgical intervention etc: Daughter with ROBPI 5/8/2002. forceps delivery. Avulsion: C4, C6, C7, Rupture: C5, stretch C8. Diaphragm paralyzed so had plication done at 7 weeks. Nerve graft done at Tx Childrens (Dr Nath) at 3 months. Mod Quad (Dr Nath) at 18 months. Sensation loss especially along ulnar nerve. Grasp ok, no finger extension, pronation, or wrist flexion. We use biofeedback/estim and TES unit. As well as a benik wrist splint for positioning. Myofascial Release therapy has helped a lot with tightness and blockages (2x/mth).
- Location: Rochester, NY
Re: trial over...we lost
Sorry to hear this. We accepted a settlement because our lawyer advised us that the jury's usually side with the Dr.
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ironmansmom
- Posts: 92
- Joined: Sun Jul 27, 2008 7:15 pm
Re: trial over...we lost
we weren't offered a settlement...our attorney told us that the malpractice insurance company that the doctor has NEVER settles, it always goes to trial....
Re: trial over...we lost
I am so sorry to hear. the same thing happened to us. We were not offered a settlement and went to trial and my attorney was so sure we would win. WE DIDN"T. Even with the expereinced lawyer and doing all that we thought was right...we didn't win. Our trial was in October and it still haunts me. Hang in there and again sorry for your loss. 