United Brachial Plexus Network, Inc.

A deposition is going to be coming up for the doctor and nurses present in the delivery room. our lawyers asked us if we wanted to be present at this time. I was wondering if anyone else went to that part of the deposition. Our lawyer advised us that it didn't matter either way. Was their any disadvantage or advantage to this, and how'd it go? Thanks!

My husband and I both attended the depos of the midwife and two nurses. It was completely our decision and we both were CERTAIN that we wanted to be there.

Emotionally, it was not easy. Hearing the lies, seeing the lackadaisical attitude, feeling the coldness, etc., was pretty hard to take. Never once did the person who injured my child even attempt to make eye contact with me, which I had truly hoped she would. Seeing her do everything in her power to obscure the truth made me sick. I kept kicking my husband's poor shins under the table every time a lie that came out of her mouth, which unfortunately was often. Another thing that was difficult was that we sat around a small table, so the physical proximity put my nerves on edge. However, I felt strong and knew what the truth was. I know she felt my strong presence, and I think it made her feel more uncomfortable, which was fine with me.

Would I do it again? In a HEARTBEAT! I am very glad that I attended. I am glad that I got to hear every word out of her mouth and the nurses as well. Reading the words on transcripts versus seeing them come out of someone's mouth, can be two very different things. I also felt it gave me a little sense as to how she might handle herself at trial. Actually hearing the lies just provided further motivation to see this case through and to fight for justice for my son. After depos, I knew more than ever that I was doing the right thing.

It is such a personal decision, so just try to get a feel for what might work best for you and go with your gut. Good luck!

Lisa

I went to all of the depositions. Our attorney recommended it. During the breaks he would go over everything with me to see if there was any stretches of the truth. It also gave me a chance to see him in action.

Cindy

I am in total agreement with everything Tanner's Mom said. We went to all the depositions as well. And When Tanner's Mom wrote " Would I do it again?" My heart raced just thinking how my husband and I felt going in to all of that. It does make you realize we are doing the right thing for our kids. Your own Personal choice though. Something else, during the breaks, our attorney even gave us the chance to put our two cents in through her questions. Also, our attorney hired a video guy to tape the Doctor and the attending nurse. I know there was the cost involved, but I have the videos now and I can give them to Peyton when she is an adult. It put it all on record for us and may have been a intimidation for the Dr.

there is no question that you should be present for the depositons. You must be present so you can hear the testimony and be certain it is correct and truthful. If not, you can consult with you attorney right there and suggest follow up questions. It is very important that you are present. Also, if you are present and the witnesses have to look you in the eye, they are more likely going to ber truthful.

These are difficult cases to win. There is no usch thing as over preparation. If there is anything you can do to help the case, any edge you can get, you must take it. Being present can only help your case, so you must attend the depositions.

Ken Levine
KLevine@Klevinelaw.com
617-566-2700

Peyton & Teresa,

WOW...a video recording of their depos! I didn't even know you could do that. I wish we would of had it taped. Darn!

Also, you reminded me, it did provide a real nice opportunity to having some input on questions to ask the midwife, at least with our attorney who was open to it. I actually came up with several questions and our attorney used many of them during the depositions. I think it was very beneficial that we attended. As her story transpired, it allowed us to pinpoint her with some questions, that wouldn't have been asked if we weren't there.

It is emotionally draining and I can imagine that some would chose not to attend, but for us, we knew it was what we wanted and we feel it really worked out for the best.

Sorry...I think I forgot to sign previous post before I hit send.
Lisa (Tanner's Mom)

We did not attend the depositions of any of the medical staff involved. Our lawyer discouraged it. He felt that if we were there and we went to trial they could ask me if my memories of the day were from that day or from the depos...

We read the depositions after we settled.

It was fine with us.

claudia