United Brachial Plexus Network, Inc.

i am wodering if parents get pain and suffering? loss of income? any stories,advice or input would help.

usually not. although most are more than deserving, we are lucky if our children receive compensation. somehow it doesn't matter what we have been through, careers given up to care for our children, the endless hours of therapy, travel, appointments, fights with insurance, etc., etc. it isn't right, but for many of us, we are lucky to even be reimbursed for previous medical bills/debt. the system is not set up for doing what is right and to compensate those that deserve to be. if your child is compensated, consider yourself lucky.

parents compensation can vary greatly. It depends on your state and juristiction laws and of course how hard lawyers and you push and "prove" your pain and suffering.

In PA parents can get reimbursed for medical bills but not for pain and suffering. Also, if you settle you may not ever see the money you put out for medical bills either.

I actually got pain and suffering but not from the settlement but from my son's attorney. She took it out of her part. I know most attorneys do not do this though. What actually happened was that we settled out of court as not to incur any more expenses....(IT was a government case) and the military sent all the doctor's overseas right before the trial(HOW CONVENIENT) so since it would be two years till we got a new trial I decided to settle out of court.....we also had a lawsuit for pain and suffering, mental anguish etc...because of what they did to my husbands CAREER.....she told me she was sending the annuity papers there was a check in there for us, a good sum of money that she took out of her 25%(Lower than 1/3 because it was a government claim) She made less money but felt that our attempt to settle out of court saved her so much money, besides the fact that if we would have lost she would have been out a whole lot more than what she sent us.

The US Military compensated your husband? For being a BPI father? Did he lose some stature becuase he was a BPI father?

I have a brother in active duty. Dare you forget that the United States is engaged in war as I write. A week ago I went to a local mall and I encountered two amputee Marines. BPI is important but it is not more important than the young men and women serving our country at great risk, and the doctors that are send there to provide for those soldiers. As I write some doctor may be serving my brother's wounds.

To the guest who is military we are too would you mind emailing me. I have some questions if you wouldnt mind. Thankyou.

Suing for pain and suffering for the parents differs by state. In some states you can have a lawsuit for yourselves, in some states in can be part of the lawsuit. In some places it is frowned upon, in others it is standard practice.

You really should discuss this with your attorney. Most attorneys do not give a part of their fee, that is truly amazing.

Just to answer another question that will come up--your medical insurance company and/or medicaid(if you used it) will ask for reimbursement if you win or settle. This is standard. However, your attorney should be able to reduce the amount. We paid a lot less than the insurance company said they had paid out. Plus, the insurance company sent a detailed list of their expenses--they included well baby visits and regular illnesses (not related to bpi)!!!! Make sure to ask for that list--- and go over it with a fine tooth comb!!

good luck,
claudia

Our attorney actually told us that the insurance company has no legal right to be reimbursed. Once they pay a claim it is paid and they only ask for reimbursement because lots of people think they have to pay. Maybe this is just in our state. It works the same as when a hospital sends a bill before submitting an insurance claim. Luckily, I have insurance claims experience, and I have learned how to read everything, before paying anything. Thanks for your comments.