BPI lawsuits??

[admin]

We won and settled out of court, in California. We were military though but had a great attorney out of San Diego, we were turned down by Carl McMahan because we lived to far away to make it easy for him so we found another great attorney......she won and she had to fight to get them to settle.....will give you her number if needed. I know of another gamily on this board that I referred that she is dealing with now....her step grand daughter had a BPI that resolved without surgery !!!!GREAT GAL SHE IS !!!

[Kwest]

Settled in rural Ohio. Went through a very nasty/failed mediation and thought for sure we would be heading for court but it never came close to a trial. Best advice: Don't get discouraged by things that happen along the way and seek an expert BPI attorney. Good luck.

[admin]

Hi, this is encouraging to hear... Trinity; will be four this August and my husband and I decided to obtain a lawyer just weeks after we were told she will have limitations due to the severity of her injury. Question: How long did it take? We unfortunately did not have a camcorder in the delivery room, just a camera; we obtained a few good shots right after the birth.

[admin]

Hi

My daughter is currently 22 months, would it be too late to initiate a lawsuit. Also, the OB I had has retired this summer.
Thanks,
Roza

[TNT1999]

Roza, the statute of limitations varies by state. For some states, the deadline to file is 2 years. If this is something you want to do, then you should contact a lawyer who specializes in med malpractice and has good experience with BPI cases ASAP. They will want to review your prenatal and birth records and maybe even send them to an expert for review before deciding if they will take the case. Most attnys don't take every BP case that crosses their desk b/c med malpractice cases are often hard to win and attnys do these cases on a contingency basis (you don't pay any fees to them unless you win or receive a settlement). If you post what state you're from and ask for referrals, maybe people here can give you some names. Our statute of limitations was 2 years, but our complaint wasn't actually filed until shortly after age 2, but the attny did file for an extension by that time, which is very important. I don't know what happens re: the OB retiring. I would think you could still file though b/c it s/b based on the insurance he had at the time I would think. I don't know how an attny would feel about taking a case where the OB is now retired though so you'd have to ask them. You should prob. get in touch with a few law firms asap b/c if one of them doesn't take your case, then you don't want to miss your deadline waiting for them to reply. One of the first things you should ask is what's the statute of limitations for filing in your state so you know how much time you have. Also, you should prob. request, if you haven't already done so, a copy of your prenatal records from your OB's office and a copy of your hospital records and your baby's records from the hospital. Hope this helps.

~Tina, bpmom@comcast.net, Mom of Nicole (6 y.o. w/LBPI) & Joshua (1 y.o. w/NOBPI)

[MichelleBrockwell]

We have just decided to sue both the Dr & hospital. I am SCARED to death! We DO live in a small rural community & the Dr is a "pillar". The hospital is the main source of employment. It doesn't justify what they did not just to my daughter but to other kids from what I have heard. My daughter will probably make a full recovery from what her ped. neor. says. But,I feel like if I don't do something to open this man's eyes to what he is doing he will just keep on hurting babies.

[kd's daddy]

Michelle I wish you the very best with your suit. However if your child will be healed and does not have a permanent injury I dont see how you can expect a court to even accept a case such as that. Like I said your intentions are really good but it has taken us 3 1/2 yrs and we probably still have 6 to 8 months left to go. Well good luck and if I can help ya in any way give me a hollor.

[admin]

Hi Tina,

Thanks for your reply, greatly appreciate the info. I live in Toronto, Canada, I'm not sure about the statue of limitations, but I will look into getting a lawyer that can find out all that info for me.
I'm not sure if anyone knows the statue of limitations in Canada?
Thanks,
Roza

[admin]

KD's dad:
we are involved in a lawsuit and our child has mild limitations. There were clear red-flags in my records so we did not have a problem getting a lawyer to take ourt case. I am sure that if we win or settle, we wont be awarded as much as a severly injured child but that is OK. At least the dr will think twice next time. I felt that we had to sue for the future children that the OB might deliver. We hope she learned something from our experience.

[kd's daddy]

however anon if you settle there will be no records of what the ob did. You wont be able to discuss much of anything that the ob did.

I also believe she stated that her child will make a full recovery. If that is the case then I think she will have a hard time finding an expert to testify to damages.
Anyway each case is different. I wish you the best too.