United Brachial Plexus Network, Inc.

I would just like to add my two cents to this.

I am obpi. I was injured by the doctor he lied to my Mother so he knew he injured me. I am responsible for all of my medical expenses.

I have had many medical expenses relating to this birth injury - never mind the loss of my arm and the ability to become anything I wanted to be.

Over the years I have been examined by doctors who never even touched my arm - why ??? - I did not know until two years ago - because it was a case of malpractice. No one is taught how to treat a medical mistake.

Now for the practical part of this story. I have had to pay out of pocket for most of my medical care. I have an HMO who allowed me two years ago to go for treatment for complications due to Erb's Palsy. I was allowed 30 visits. Recently I walked into a door jam with my elbow out... I did it with such impact that I threw out the "unaffected" side so badly that again I needed PT... I was told that insurance does not cover chronic conditions and that they had treated me for Erb's and I recovered!!! After spending a great deal of time on the phone I discovered that the "Wording" was wrong since this was a new injury(which it is - but caused because I am not aware of where my elbow is at times so the doctor put Erb's complications ) She had to rewrite it and not include Erb's - because it is not considered part of Erb's complications. Now, I am covered for it this time....
I have had to purchase washing machines recently-front loaders and raised to waist level to prevent stress on the arm neck and shoulder. I have overuse on the left side and osteo arthritis in both hands these I believe are secondary to my birth injury since T1-C8 -c5-c6-c7 were injured... and no one in my family has arthritis. I also have to change my kitchen since I can no longer lift on the unaffected side I need to put in a wall oven that opens to the side... again because of Erb's Palsy...
There is no amount of money to make up for the loss of full use of ones arms. But there will be added expenses over the course of a lifetime because of this injury. And if secondary injuries are to be prevented it will be necessary to buy more expensive equipment for the home...

I have had massage therapy $100 a week out of pocket and then Chiropractor and now I am sure that the next time I need PT it will be out of pocket too...

I just thought that it is necessary to be aware of the issues that come up later in life.
I am loosing my arm strength way before I should because of the need to compensate all of my life...

Please do not take this as a pity party... it is far from that... It is just being honest and stating the facts of life for an obpi. I am not the only adult/obpi who has these problems many of the others had to retire much younger then I did. The normal functions in life wear out the healthy arm long before it should because of a lack of balance. One arm does all the work of two.

While you can take care of your child now - who will cover these costs later? One other thing if the only way to stop a doctor who cannot do his job properly is to sue and have his insurance lifted perhaps you will be preventing this injury for others...

Someone just told me that when a case is settled for lower amounts it is considered a nusance case. That is something perhaps you should ask your lawyers about.
Kath

Natalee, if we hadn't already got a $250,000 settlement from the delivering doctor, I might reconsider. Since they are partners and the delivering doctor was an employee of my regular doctor then he is legally responsible also. Just saying that the legal advantage we already have makes it worth the risk. Every case is different. Hopefully the jury will see from the previous settlement, that some responsibility has been taken.

Also , even our mediator, after all the mediation and looking at both sides came back and said, "I know your not going to consider this, but they've offered $29,999 which is the highest legal amount they can give before it becomes public record." And we replied of course you are right we will not take it. I'm not trying to be overly confident, just know the facts in our case really well. If we should lose, then I will be upset,but we do have some to fall back on.

Kathleen, no amount of money can replace the use of your arm. We have the 105,000 dollars left, after reimbursing insurance companies and paying attorneys fees, invested and some in a money market fund which is all controlled by the court. We can only use this money with a court order, but the judge has been gracious and approves our medical expenses for Michaela for all the therapy and things our insurance company won't cover. That is the reason we pursued this. We could never afford all the medical expenses that come from this injury on just one salary. What most people don't think about is the effect on everyone else in the family. I worked for Winn Dixie for 16 years, 8 in management, and with the birth injury of my daughter I lost my 401k because I had to use it to pay off debts so I could stay home with her and take her to all the doctor and therapy appts. I lost my carreer,(don't get me wrong I'd do anything for my child)and I lost my retirement.We pinch pennies everyday. She'll be going to school this year but I can only work while she's in school, after school is therapy appointments 4 days a week, so I have to be available for that. My retirement can never be replaced. These are the things we considered in our decision for legal pursuits.

LeeAnn

That is what I was trying to point out. My dad died when I was ten and my Mom did not have the money to properly take care of me... When I was born people did not belive in suing... and also you could not see the medical records and doctors never testified against each other... so I was deprived of my medical records and by the time the law was in place that I could see them they were destroyed in a fire... I asked for them when I was in my thirties and was told only another doctor could view them... We (older obpi's) did not have proper information nor were we given an opportunity to sue those responsible for our injuries. I am glad that you prusued this because you are not only helping your child but maybe preventing another injury by not allowing him to settle without any notation on his record.
We started a support group here and three parent came in --all delivered by same doctor I was horrified... He settles out of court and puts gag orders on parents... I knew who the doctor was only because I knew some of the grandparents and also two have not filed yet... He still delivers babies daily...

My husband had to assume the cost of my medical care and I had to retire from work early long before I mentally wanted to and I had to go part time for many years because of the fatigue due to bpi... I ended up without a pension of my own... loosing the full amount of SS and I had to prove I was disabled because I had always functioned so highly... I am fortunate because my husband can take care of me... but that is not what I wanted ... to be taken care of... I liked working.

I understand how it works with the courts handeling the money and most of all I understand how it impacts the entire family. I have two siblings who are still resentful over the attention paid to me and they are 13 years older then I... I had two otherswho never resented it and really helped my Mother take care of me and do all the home therapy.... This injury does impact the entire family... and when we age it again effects our present families. Especially if we over work and do not learn how to take care of ourselves and prevent overuse. With this lawsuit you assure your child her independence forever without putting a burden on her later in life or her future family...she will be able to use this money to take care of herself and to provide for the supplies and equipment she needs to prevent future injury...

To all those who are not able to win their lawsuits. I feel for you but know this at least you tried and perhaps some day the law will change and your child will be able to sue on their own behalf. But you tried and that is important that you seek justice for your child.
Kath

why is your case a federal case? just curious what the difference is...

thanks

Leeanne, it is so good that you recieved some compensation. We, too, knew our case well and had COMPLETELY banked on winning, we had never been told otherwise by our attorney, one of the top in our state who had never lost a medical case... until ours. It has been devastating, utterly... I don't know how I will EVER get over it. WHAT A BLOW!!! In your last message, you talk about all the hardships you have been through, I think most of us on this board can totally relate, now imagine all these hardships and not winning plus having to face your child everyday and realize there will be a day when you have to tell them that a jury sided against an innocent child for a piece of @#$^ doctor who injured her and faces no responsibility for his actions. NOW THAT SUCKS. I have to say, I am jealously happy for you and thrilled for your child, your child deserves that compensation. Keep us posted on how things work out, K?
Sincerely, Natalie

Oh, and also, our attorney wasn't even worried about losing, either. We even paid $6000.00 for Dr. Nath's hour and a half of VIDEO testimony and we lost. We even had 3 doctors in town that testified against this doctor which is very rare (for doctors to testify against each other in the same town), and we lost.

all i will say....is he was born in a military facility...talk about fighting city hall !!!

the difference is this....the federal has soooooo many other more important issues than their soooo many lawsuits that the judge is the only one that makes the decision. will e-mail you later francine with more details....the diffence is less money for my son know and he will have to sue again at 18 !!! lots of fun ha, ha