United Brachial Plexus Network, Inc.

We need help educating the judge who will sentence the man who paralyzed our son’s arm.

Some of you may remember the letter I wrote last year about the attack on my son, Joshua Kolsrud. Josh is a student at Arizona State University. On February 13, 2002, Josh was standing on the sidewalk by his friend’s car, in Tempe, Arizona, where ASU is located. They had been attending a community-sponsored “Fat Tuesday” party. Josh was talking on his cell phone, when a stranger “bumped” into him. Josh told him to watch where he was going, and went back to his telephone conversation. The guy took a few steps, then turned and charged Josh with a knife. He cut Josh under his left arm, circumnavigating all but about an inch of the top of the arm. He cut down to the bone, severing all the arteries, veins, tendons, and the brachial plexus nerve bundle under Josh’s arm. The police later told us that this man had been “bumping” people all evening, but that Josh was the only person who said anything to him about it.

Josh didn't die. They saved his life and reconnected the main artery and vein in his arm. A few days later, when they knew Josh would survive and that the surgery wouldn't be “wasted,” our insurance company authorized the “repair” of his severed nerves. I'm sure none of you will be surprised to know that Josh's arm and hand are now paralyzed.

The man who stabbed Josh was identified and arrested though the Silent Witness program here in Phoenix, Arizona. A jury convicted him of aggravated assault with a deadly weapon last month. His sentencing hearing is scheduled for March 26th. The judge, who will determine the sentence, has said he will consider the severity of the injury to Josh in determining the defendant's sentence. The range of sentence is five to fifteen years in prison.

There was very little testimony at the trial regarding the details of Joshua's injury. We do not think the judge understands a traumatic brachial plexus injury, how permanent it is, and how it affects Josh’s day-to-day life. There was no testimony at trial about Joshua's disability, his daily struggle with pain, the awful drugs he's on, how he will cope with life, the expenses, and all the rest of it. This is why I am writing.

The only time the judge will consider any of this evidence, and what it means to Josh’s life, is at the March 26th hearing. He will accept letters, from anyone who wishes to send one. We need people with credibility—those who have experienced a traumatic brachial plexus injury, or their loved ones who know, to write to the judge to let him know how devastating and permanent this injury is. A letter need not be long. Please help us help the judge to understand, so he will put this man in jail. He should not be able to hurt anyone else for a long, long time. (We think the maximum sentence is not long enough.) If you would like to write and express your thoughts about traumatic brachial plexus injury, or your experience, or even your ideas about sentencing people who commit crimes like this, you can mail your letter to:

The Honorable Alfred M. Fenzel
Maricopa County Superior Court
201 West Jefferson
12th Floor
Phoenix, Arizona 85003

Case name: State v. John Karl Munninger, No. CR2002-091835
(Joshua Kolsrud – Victim)

Or, you can FAX your letters to (602) 506-5894.

Please try to get you letters to Judge Fenzel no later than March 21, so that he will have time to read them.

If you think of it, we’d love to have a copy of what you write. You can e-mail copies to me at nlrowen@yahoo.com.

Thank you very much for your help.

Nancy L. Kolsrud

P.S. I HOPE IT WAS OKAY FOR ME TO POST THIS TO THIS MESSAGE BOARD AND ALSO THE GENERAL MESSAGE BOARD. IF NOT, I APPOLOGIZE.

I'll write TODAY Nancy, but maybe my letter might reach him too late, I'm in New Zealand. Unfortunately there isn't much on the internet specifically about tbpi, it's mainly geared towards obpi which is a bit different, there is rarely mention of the excruciating pain and the fact that only 20% of severe tbpi injuries gain much functional recovery, or the emotional trauma of 'losing' an arm. There is a tbpi specific website based in the UK that has members worldwide, here's a page where some of the members have shared their stories.
http://tbpiukgroup.homestead.com/Community.html
Many of us are long term tbpi so if you print out some of these the judge can see for himself how your son may be affected. Warning, these stories can be upsetting and some contain bad language, these are adults writing about an extremely traumatic life event.
I do remember when you first posted and I'm so sorry your son's arm is still paralysed. The circumstances of his injury were truly horrifying and I hope that attacker gets the heaviest sentence going and that your son gets the compensation he deserves. Good luck to you and yours :0) Jen NZ

Dear Jen,

If you want to e-mail me a copy of your letter, I will see that it gets to Judge Fenzel. He will eventually need your signed original, because copies cannot be made part of the court file. As a practical matter, it won't make a difference when the original gets there, if gets a copy. You might want to mention that the original will follow.

My e-mail address is nlrowen@yahoo.com

Thank you, Nancy

Just thought you might like to see what I wrote to the Judge.

Maureen Barilla
204 Gardner Ave.
Jericho, NY 11753

March 13, 2003




The Honorable Alfred M. Fenzel
Maricopa County Superior Court
201 West Jefferson
12th Floor
Phoenix, Arizona 85003

REF: Case name: State v. John Karl Munninger, No. CR2002-091835
(Joshua Kolsrud ? Victim)

Dear Honorable Judge Fenzel:

I am writing you to help you understand the severity of a brachial plexus injury. My son was injured in an automobile accident this past July. It was just two weeks after his high school graduation. He was a passenger in the right front seat. The roof of the car came down upon him and caused the damage, which has destroyed his dreams and aspirations.

My son’s dominant right arm is completely paralyzed. He is unable to attend college, the pain and loss of function refrain him from that. He lost his job because of his inability to carry out the requirements needed to perform his duties. He was an avid football player with dreams of playing on his college team. His life will never be the same.

I ask you take into consideration the life long difficulties Joshua will endure and to insure that Mr. Munninger receives the maximum sentence for the heinous crime he has committed against this young man.

Sincerely,


Maureen Barilla

I emailed my letter to you Nancy. Frankly, I think this guy should not only be locked up, but should have his arm permanently tied behind his back, and dipped in a chip fryer daily, or crushed under a steam roller, or both. Then he might have some inkling of what this feels like. This injury was DELIBERATELY done to your son, that is dreadful.
Still steaming in NZ Jen

Hello,

I haven't contributed in a long time. I do remember your 1st post on this site and can't believe how much time flies. I am so sorry for what you have gone through.

Here's what I have to say.

My son, Eric, just turned 20 at the time, suffered a severe TBPI to his left arm as the result of a serious car accident on July 8th, 2000 (his fault).
Avulsions to the C5 through T1....as bad as it gets.

Thanks to the internet (and also some divine intervention from above) not only did I learn alot about computers, but I found a lot of information on this "condition" from my good friends at this website (I hope it's not too forward of me to say I love & cherish you all - I don't know how we would have managed without all your good advice).

Here's the real story about what we went through.

After the initial shock of the accident/injury subsided, here's what we were left with:

Our son had a totally flail arm and chronic pain that didn't respond to anything that the doctors prescribed.

Complete and total hell. And, that's coming from me and my hushand....I still haven't been able to convince Eric to share his story...I'm sure because he is still working through the emotional turmoil of losing the use of an arm and hand...and trying to live his life and dealing with chronic pain as well.

We pursued everything that had even a remote chance of alleviating the pain (the mental suffering/anguish is a whole different aspect of this injury)....All the drugs (including narcotics that the physiatrist prescribed) - neurontin 3600 mg per day, oxycontin, percocet, elavil - (this is all I can remember almost 3 years later), alternative therapies including acupuncture, biofeedback, holistic pain remedies, nerve blocks, etc. What we finally realized is that there is nothing in the way of medication that can even "touch" the pain experienced from a nerve injury. AAnd, the field of pain relief is seriously in the dark ages.

Eric had nerve graft/transfer surgery about 4 months post-injury with Dr. Tiel in New Orleans. We're very happy with the results of this surgery. Dr. Tiel considers Eric as being near or at the top of his success ratio. What he's got (at 2+ years post surgery is this): He has recovered partial return to his bicep and minimal return to his tricep. Basically he can raise his arm and pull it in towards his chest. He has no use of his hand and no strength in this arm. This is considered a success. And, don't get me wrong, we're VERY happy with these results because a lot of my initial research said that this was a horrible injury (and IT IS) with no hope of improvement and 10 years ago the treatment for a BPI was amputation. This IS a HORRIBLE injury and takes a lot of adjustment to deal with.

What we've found for pain relief is this: There is nothing......no "sure cure" (I think this depends on the severity of the injury).....all the narcotics and different things we've tried for pain relief...nothing works except (there is some hope here) the most realistic solution is this: distraction/keeping your mind busy. Biofeedback was somewhat beneficial; acupuncture is "up in the air" (at least it was relaxing)....nerve blocks (too risky and expensive to be realistic)., etc., etc. Going to school part time and working full time (and having a girlfriend has done wonders).

We finally got to the point that Eric has learned to live with/deal with the pain. I hope this isn't too discouraging but it is our experience. I am very proud of the fact that Eric hasn't been on any meds for his condition since about 1 year post-injury. It was his choice and he felt that at the young age of 20, and trying to work full time and go to school part time, he needed to be cohesive and alert.

So, here we are, this July will be the 3rd anniversary of the injury...I have to say that MY experience as the mother is this..... WE have gone through hell....about 6 months ago things started to change and I don't know if it's because that's when Eric moved out and into an apt. with a (very focused) roommate that he met his 1st year in college, and became serious about his education, and very excited about his major (which is psychology which he totally identifies with) or what. Anyways, my/our lives are better finally. I'm OFF the Paxil (yeah!) but I still drink alot....Can't blame it all on Eric....right now my job sucks too!

Please feel free to share our experience with the judge.

I definitely feel your pain.

Lastly, I want to share with you an excerpt from a letter that Eric's primary care doctor sent to our insurance company to get coverage for out-of-network surgery (p.s. It worked!)

"Eric is a patient of........, who suffered a severe diffuse brachial plexus injury. As you know, this is a serious, significant injury that is life altering, requiring complex, delicate reconstructive neurosurgery, involving nerve grafting, transfer and muscle stimulation, to hopefully restore movement to his upper arm, elbow and hand.. The success of this surgery is directly related to the experience of the team performing it. .........etc., etc. In reviewing these facts, it is my medical opinion that it would be in Eric's best medical interest to be evaluated and treated by a specialty team that will afford him the best possible outcome. SURGICAL EXPERIENCE COULD SIGNIFICANTLY AFFECT THE OUTCOME AND THUS POTENTIAL FOR ERIC'S USE OF HIS ARM AND HIS FUTURE.

I guess this is all I can write at this moment....Can you somehow forward this to the judge or do I need to mail it myself?

Please contact me if you want to talk or share experiences (or need anything else).

Sincerely,

Nancy and Mark Anderson (Eric's Mom and Dad)
60 Twin Hills Drive
Coventry, CT 06238