United Brachial Plexus Network, Inc.

Hello everyone! I haven't had the chance to post in awhile, life is hectic with a 2 1/2 year old and a 1 year old. Last month was my first deposition and it was one of the worst experiences in my life! We have three parties being sued, the intern doctor who delivered our son, the supervising doctor, and the hospital. Well, the supervising doctor's lawyer just went after me! He was so mean to me! He constantly tried to get me to go back on what I said. He GRILLED me for three hours. I told myself I wouldn't but when he asked me how my son looked the first time I saw him after his injury, I just lost it and started boo-hooing. The other lawyer wasn't as intense but he basically tried to get me to say that the doctors did what they had to so that my son would not be brain damaged. And WASN'T I GLAD that it was just his arm and not his brain? I wanted to be sick. Our lawyers told us that depositions usually only take around two hours but mine took 5! Which worries me because I don't know if that is a good or bad thing. I HATE doing this! I am so not a confrontational person but when it come to my son I get so angry. I hope we do not have to go to trial. Has anyone ever had to take it to court? And has anyone ever lost a lawsuit or got offered a ridiculously small amount? How long after the first deposition can I expect to have the lawsuit over? Any insight is greatly appreciated.

I don't have any legal advice to offer because I am at the same point in out lawsuit. Depositions are coming up and I am so scared because I had a feeling they will go something like what you described. Hang in there, and just remember your child will benefit from this in one way or another. Blessings

Get a different lawyer.

I know that our lawsuit settled out of court about 2 years after deposition. My lawyer was in the room with me and she stopped any of their nonsense. I was a wreck because I was away from my son for the first time as I had to go to California because I had moved. It was AWFUL. I went through the same feelings. My deposition was shorter than they said, but my husbands was alot longer....about 6-7 hours. Mine took 3 hours. GOOD LUCK !

I HAVE HAD ANXIETY ALREADY, DOES NOT HELP WITH OR GO WITH LAWSUITS. YOUR ATTORNEY'S MAY BUT YOU DOWN JUST TO SEE HOW THINGS WILL GO UNDER PRESSURE. THINGS WILL AND CAN COME UP FROM YOUR PAST EVEN IF IT HAS NOTHING TO DO WITH BP. I HAVE TRULY GONE THROUGH THIS AND DID NOT HAVE TIME TO DEAL WITH ANYTHING ELSE. IT'S BEEN EXACTLY 2 YEARS SINCE MY SONS BIRTH AND I AM NOW JUST GETTING DIAGNOSED WITH PPD. I DIDNT HAVE TIME TO DEAL WITH IT THEN, AND 3 MONTHS AGO I WAS IN A CAR ACCIDENT. IT MUST OF TRIGGERED THAT FEAR SINCE THOSE SAME FEELINGS CAME BACK. BUT ANY TRAUMA CAN DO THAT IF IT WAS NOT DEALT AT THE BIRTH. I THOUGHT I WAS DYING, THOUGHT I HAD BRAIN CANCER, ANYTHING. YOU MAY TAKE YOUR TIME WITH THE LAWSUIT THERE ARE NO STATUTE OF LIMITATIONS WITH THE TIMING BUT BETTER WITHIN 4 YEARS. DO WHAT YOU GOT TO DO AND SEE WHAT HAPPENS WITH YOUR SON, THE MORE EVIDENCE THE BETTER. WE STILL WAIT ANOTHER SURGERY AND MORE THERAPY. GOOD LUCK

I trully feel your pain. We just finished 1/2 of our depositions. Have to go back to finish. I was in the hot seat for over 6 hours, husband for only 2. Now we have to go back. This is absolutely nnnnnoooooo fun, but in the end I really hope it was worth it. The other attorney was trying to get me to feel stupid because I didn't ask the high risk doctors any questions??? What questions am I going to have beforehand???????? If I could go back I would have tons. I just get so ANGERY, and frustrated with this whole deal,

There may be a statute of limitations for certain states I would find out what those are sooner rather than later. Ours is 2 years from the birth for us to file not our child.

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HANG IN THERE!
My husband and I had our depositions last year. Now we've got all the depositions of the expert witnesses and nurses in attendance. After each deposition, I pause and take a mental break. (Go out to dinner, scrap book, go for a jog or anything to collect my thaughts.) Then as hard as it is I have to refocus on my family and set aside the law suit. You gave it your all and now you can't hammer yourself with what you should of or could of said or done at the deposition or before the delivery. It's all buisness for the defense attorney. He is not looking at the emotional side of things only at what kind of good questions he can ask to make him a better attorney. Hang in there. We're all in this together. We have to be an advocate for our children because nobody else will. Just give it your all. From my understanding most of these cases don't settle until right before the Trial date. (anywhere from a day before Trial up to two months prior.) I've put that in my mind so that if anything happens sooner it will be a complete wonderful surprise. Be STRONG don't let them intimidate you. Very few of these cases actually go to Trial. But, don't be afraid of Trial! You're child was injured for life by somebody elses hands you did nothing wrong. BE STRONG for your child. Good Luck!

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