United Brachial Plexus Network, Inc.

Has anyone ever successfully settled or sued?...please let me know,,,I am in California..

Yes...sued...won...settled...

YES! And so relieved it is over. It was a long journey for us, but well worth it. We would do it again for our child in a heartbeat. We settled prior to trial. Having a video was instrumental in our particular case, which is why doctors are so vested in banning them.

I am always so saddened when a friend cannot find an attorney or someone loses their case. We know how this injury is caused and we know ALL children should be compensated.

If any of us can be of any further help, please just let us know. Best wishes to you!

Lisa

We also won "settled out of court" and we live in San Diego Ca. Our Att. was Carl McMahan, he was great and only does BPI cases. He also work out of LA, Ca. If you need is number please reply. Wayne

I 'ditto' everybody else - Brittney was almost 6 when I got up the nerve to go thru with the suit but by that time I had realized that she was not going to get complete function back. She was in Kindergarten and her teacher is the one that talked to me and said that I needed to sue (during a Christmas party....) Life is strange but she got thru to me. During the law suit I found out that he had injured kids before and after my child was born. We settled right before we were supposed to go to trial (after many reschedulings of the trial....) I do feel so awful for those that lose cases - truthfully my heart goes out to all of you and you are in my prayers every night because I can't believe what kind of frustration that must be for you - but at least you tried the best you could for your child because our kids DESERVE to be compenstated for their loses, and win or lose - you had a voice.
Christy

I understand what you are saying! That was a big concern of mine - would my child - if she won the suit - not try to 'make it' as hard in the world because she'd know that she'd be getting checks. Well her checks will not be that big but they will help her if she needs surgery down the road or if she needs therapy. I am sorry that you were injured - and at 5 years old must have been even harder because you were used to the way you were before the accident. I am hoping that we are teaching Britt to depend on her brains - but that she will also be compensated if she needs help during her life.
Christy

we sued and settled, although my son cant touch the money until he is 18, we spread the payments so that he will be receiving money until he is 35, we were hesistant to do so but a lawyer friend of the family encouraged me to do so, our kids deserve the best, we offer it too him everyday, now he will be able to benefit from someone's mistakes!

Thanks Xiggers! I just worry so much at times about what will happen later in life when one of my daughters starts getting checks and my other one doesn't because they are treated completely equally and I expect them both to do their part in life. I'm hoping the little sister will understand that her older sister had to struggle and deserves everything that she gets. Thanks for understanding!
Christy

We sued, and settled.. we never even came close to a trial. He lied and lied and then some more lies... it was so transparent that his lawyer didn't want to go to trial.

My ped neuro was the one who laid it all out for me. How the injury occurs...how bad her injury was... It was unfathomable to me, at that time, that this doctor would do anything but give me the top care. When it was explained to me, WOW! My husband came home and I looked at him and said that we just had to do it.

It was one of the hardest things I have ever done, but I would do it again in a heartbeat.

Christy, I too worry if Juliana will have any drive when she realizes how wealthy she is. And, oh boy, this is a lot of money to handle. I worry also about her sibs--any resentment... but then, I am trying so hard to raise my kids to be supportive of each other. It is something I consciously do. Interestingly, today I gave my oldest a "mental health day". She has not been sick all year (yes, a good thing), but just needed a day off. She is in 6th grade and working very hard. We spent the day together and were talking about something and she said about Juliana "she works so hard, Mom, she'll be able to do anything." So maybe they do recognise how different things really are for her.

My heart also goes out to those whose lawsuits were not successful. This is a difficult path, and I know your pain is real.

claudia

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