United Brachial Plexus Network, Inc.

Hi everyone! I'm really not new to this website but I just signed up for the first time. I go in at least 5 time a week to read the posts but I have never posted because I just wanted to read how other parents deal with their childs BP. I see alot of my self sometime on these posting and I felt alot of the same ways that others have felt. The anger, the fustration, and etc. The everyday battles with the health insurance company and the denials by SSI in the past. I am now coming up on to the day where I will be facing the doctor who delivered my son in court. I hear and read about others and thier triumphs and others who have lost their case. At this point in life whether the case is won or not, I'm just glad that I am putting up a fight for my son. He is a wonderful kid! The only question that I haven't seen on this board is one that I must ask and I hope that no one is offended by this:

Has any parents also sued on behalf of themselves and what was the outcome of that case as a parent(s)?

Please accept my biggest "thank you" to everyone that has posted on this website. It has really helped me and my family get through alot of difficult decisions and painful memories of his delivery. My son is an amazing 7 yr. old kid. He is full of laughs, knowledge, and ENERGY! He keeps me going and keeps my spirits high! I hope that everyone takes a moment and just look at their child and see how amazing these kids are. Even though they have BP they always seem to have a beautiful smile on their face. No judge, no lawyer, or no jury can every take that away.

WE sued on behalf of me....but didn't get anything because we settled out of court. I would have had to wait and I felt that dropping that case and getting what my son deserved was more important. Our lawyer did give me some money for us, out of her share of the lawsuit. She felt that it saved her money not to persue with my case so she was compensate us for that. It wasn't alot but enough......I don't know many others that would do this. We had a truly unique relationship !!!

When we sued, we were automatically given 10% of what Parker was awarded...it was a big surprise to us.

We sued on behalf of us as well. Since we settled we gave up the right to our suit. If we wanted we could have fought for some money; however we thought it best that Matthew get 100% of what was available from the settlement.

Cindy

Hello,
I am a mother of a 2 year old that had a brachial plexus injury from a shoulder dystocia. We are changing lawyers for a second time. How old is your child and at what age did you sue? Did his injury occur at birth?
Michaelsmom
Mary

Hello,
I am a mother of a 2 year old that has a brachial plexus injury from birth. I am new on this forum and desperately looking for other parents that have gone through this. We are changing our lawyer for a 2nd time. How long did your lawsuit take? Was it a birth injury due to shoulder dystocia?

My son was 4 1/2 when we settled out of court. He probably would've been older if we went to trial....because it was a military delivery and they sent the doctors to IRAQ one week before the date of the trial !

I don't want to do this but I think I should... speaking of Iraq. While I grapple with my child's BPI isues, I also have a military brother that trains men and women to be deployed to Iraq. My last letter from him was that all of his students were "dropping like flies" upon deployment to Iraq. He said that the death rate was 100% within days of arrival there...

I was included as part of the complaint (but I don't think my husband was), but the attny. later recommended that I consider dropping my claims (so I did). They said that the jury comes up with a figure and that likely anything that was awarded to me would just come out of what would've otherwise been awarded to Nicole. Personally, I think that may or may not be true, depending upon how the jury comes up with their figure. I really didn't mind though b/c I don't feel my injuries are severe enough to be rewarded monetarily and I didn't have any major psychological issues over it. As far as lost wages, I don't think I would've wanted to go back to work anyway as much as I enjoy being a SAHM. Also, I'm not offended at all by your question and I think it's a good question to ask.

~Tina, bpmom@comcast.net, mom to Nicole (7 y.o. w/LOBPI) & Joshua (23 mos.)

I do recall the attorney telling me that sometimes the jury sees it as you being "GREEDY" asking for money for yourselves and they may actually give the child alot less because of it !!! Gayle