United Brachial Plexus Network, Inc.

Okay, I'm new to the message board. I have a daughter who is 7 mos. Many of you are not allowed to talk about litigation and your stories. I have just contacted a few attorneys and I was wondering why so many of you can not speak openly. I understand that it is due to the case, but could I be hurting myself by speaking about this to others? Can you go into detail as to why. None of the lawyers I spoke to warned me about this. Could you help?

Well, anything that you say on here could be used against you. This is how I see it...Make sure everything you say is 100% accurate. Don't get too far into personal feelings unless your lawyer gives you the go ahead. You can speak facts. Don't EVER give out names of your doctor that injured your child. Don't ever give out the name of the hospital/birthing facility either. Everyone views this differently, but although I am involved in a suit I speak openly most of the time unless I believe it is something that may cause problems for me or my suit in the future. When this is the case I don't respond. I am sure everyone will give their own opinion on this and they all may differ, but this is my outlook on it.
~Krista~

We settled our case a while ago. I always posted under my own name, unless my computer was hiccupping. I gave my opinion openly and often (probably too much for some people!). I didn't mention my docs name, but I didn't think that it mattered. I didn't mention where she was born, I don't recall it ever coming up.

I know that lawyers browse these message boards. My lawyer never mentioned to me that I was giving too much info, though I am certain he (or an associate) checked the boards because they knew that I was involved.

I don't talk about the outcome, because I said I wouldn't. There is not a full "gag order" on me, but I still would not mention the docs name. What I will say is that I am glad we settled. We negotiated a settlement that was to my daughter's benefit. That is what we were looking to do. I had NO interest in going to trial. Trials are expensive, emotionally painful, and very risky. However, if you are not offered a reasonable sum of money, then you go to trial. In our case, a trial was not going to be of benefit to our daughter.

You really have to trust your lawyer and if you don't, then you need to change lawyers.

As for what is reasonable... honestly, there is no amount of money in the world. So, with that in mind, your attorney should be able to tell you what trials in your area resulted in. They might also know some of the ballpark dollar amounts of settlements in your area too, as people sometimes talk...

This is a tough thing. Go at it very carefully.

good luck,
claudia

I was never told by my lawyer to not post to the board. Although I do beleive the potential of lawyers lurking here is real, it never stopped me from helping others, celebrating my sons achievements and down falls. I was however asked at the beginning when we first met with them if I had a diary. I don't, so it never was an issue. We took it all the way to trial and won.

Patty