we lost our case

[admin]

Well we were in court all week and the verdict came back in favor of the doctor. The defense said that brachial plexus injuries can just happen even if the dr. does everything right. Bullsh*t!! Not avulsions like my son has!! Sorry for the attitude, but I'm just pissed off AGAIN!! The dr. will never forget this trial, nor will I ever let him forget what he has done to my child. After every surgery, the dr. will get an update w/ pictures, if he wants them or not!! Good luck to all who are in litigation.
Thanks for letting me vent.
Rhonda
Mobile, Alabama

[francine]

Rhonda - I am really sorry to hear this news. I don't even know what to say to you - it's shocking and it's very disturbing to know that doctors can get away with this. I hope that you find a healthy way to try and channel some of your anger so that you can go forward from here. I can't even imagine.

-francine

[browning93]

I'm sorry you lost. It's really scary cause we're going to trial soon also. Our orthopaedic surgeon said in her depo that the more avulsions a child has the more likely it is to be the doctors fault. Michaela had 3 avulsions and 2 neuromas. After that the delivering doctor settled. We're going to trial now with my OB who induced when the specialist told him to do a c-section,but it all comes out in the trial anyway.

Are you going to appeal? How confident is your attorney? Has he had BPI cases before? It's got to be hard to think about all this. You're probably grieving and angry right now. Will be praying for you and your family.LeeAnne

[sharlon]

rhonda i am very sorry to hear your news. it is so frustrating i am sure.
sharlon

[Carole]

My heart goes out to you- God Bless amy you feel at peace with all you did. Carole

[admin]

so sorry to hear about your loss. we lost our trial last week. we are so hurt and angry and in shock. we are going to try to appeal. is your lawyer going to pursue an appeal? i don't know what else to say except that we know exactly how you feel. the doctors hurt our babies and they don't want to take responsibility. it's disgusting. i use to believe in the judicial system. we are no longer believers. the judicial system, the jury failed my little girl. try to see if you can go for an appeal. that's the road we are going after ourselves. take care and our prayers go out to you and your family. sarah.

[admin]

we are sorry to hear your news. we lost our case to a jury last week. we understand your anger and shock. we don't know what else to say. we are going through the motions to see if we can have an appeal. i don't know if we will but we are going to give it a try. it's just plain sick. we couldn't believe that the jury found our doctor not negligent. doctors hurt babies and they just don't care. hang in there and be strong for your child. it's all we can do. sarah.

[Cara]

I am so sorry. Here is my two cents worth of fortune cookie wisdom: What comes around goes around. There will be a final judgment for those who knowingly injured our little ones. I have really been batteling the anger, I keep trying to let go and let God take care of it. He knows that this is too much for us to bear alone. Peace be with you.

[Paula]

Rhonda please don't give up. If you don't fight for your son who will? Talk to your attorney or a different one about an appeal. Good luck and peace.
---Paula

[admin]

You can't just appeal because you aren't pleased with the outcome. There must be legal grounds. Even then, only a small percentage of appeals is successful (and your attorney gets a bigger cut). It seems that physicians are "getting their act together" for BPI defense, and cases are going to be more difficult to win because the defense can most always establish some doubt about how the injury happened. I agree with those who say consider any settlement, going to trial is very risky.