Hi All!! We are typically lurkers amongst the group.
I like to read everyones surgery experiences, legal experiences, recovery, emotions, insurance issues etc etc but have always been reluctant to share to much of our own life because of litigation issues & not understanding whats okay to say & what isn't. I have been involved everytime Ashley is going to have another surgery just for advice & support post surgical. I guess now since the verdict went into the papers & the news its probably safe to say we can talk about it ). Its been a long long fight & 2 weeks of trial with a jury of 13 but the war is over & now the battle of appeals. Hope all is well w/ your little ones. Ashley & Melissa
Injury Description, Date, extent, surgical intervention etc: 10 year old Jessica born on 9/6/03 with a LOBPI. Mostly recovered, no surgery, still has remaining functional deficits including no active external rotation.
CONGRATULATIONS!!!!! I am so very happy for you. I am posting anon too due to legal reasons and can't wait until I feel the freedom to post. You must be so relieved and happy for your daughter. The battle is so long and tough, but it will be well worth it!
How did you hold up at trial? I just can't imagine.
Is there anything that you think really helped convince the jurors?
Do you happen to have a link to the news article? I would love to read it.
Hi All! Thanks for all the congrats. As for the link i could probably find it i will send it when i do.
The trial experience was very difficult for me, more so than for my husband. Somedays i felt nauseus. Somedays I thought everyone could see my heart beating through my chest & it was hard to catch my breath. It was like being on an emotional rollercoaster where your most inner private emotions are left for everyone to examine. All the preparation in the world, honestly could not have prepared us for this. Proably the hardest part of all was waiting for a jury verdict. They went into deliberation on a Wednesday but by the close of court they still had no verdict so we were sent home & came back on thursday that was tough. Your childs life is in their hands....13 (they let the alternate sit) complete strangers are going to decide your childs fate not to mention this is around the time all the ob/gyns are raising hell cause of the high cost of insurance premiums driving them out of practice. So it was scary. I think the convincing factor would have been that they found a couple of the doctors to be discredible & one doctor who completely fabricated alot of her testimony-they saw right through it & justice was served. We do not file frivalous lawsuits this was a very serious decision for us. Choosing to sue a doctor was a very big deal for us. It was 5 years before we went to trial with one offer of settlement which was so terrible it was like pouring salt in the wound almost like a slap in the face after that we knew trial was imminent. So to all of you involved in litigation prepare yourselves for a long emotional road-we do it for our kids thats what keeps us going. Seeing Ashley kept me strong. I would give 20 million dollars to make her arm normal but thats not an option. We know that w/ everything else our child will deal w/ in her life money will not be one of them & if we can just take that away its all worth it i would do it again & again. Melissa & Ashley
Yep we're in NH also. We were on the 5 o'clock news on the 8th. It was so awesome. I waited 5 YEARS for that day! It was only under the agreement that there were no questions involving the labor/delivery, the doctors, or trial. My main focus now is awareness, so that other young mothers out there know that this can happen & to question, question, question your OB's....if something doesn't seem right, go with it. You have to be your own advocate don't let someone else decide whats right for you & risk you and your babies life. Be that pain in the butt patient every doctor dreads with a million questions.
). Its been a long long fight & 2 weeks of trial with a jury of 13 but the war is over & now the battle of appeals. Hope all is well w/ your little ones. Ashley & Melissa