United Brachial Plexus Network, Inc. • trying to sue and told there was no injury
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trying to sue and told there was no injury

Posted: Wed Nov 16, 2005 2:53 pm
by admin
I was just wondering if anyone else who is trying to sue was told by their lawyer that if your child recovered too much that it was considered no injury and so you couldnt? This is what our lawyer is telling us might happen if our child recovers too much. Our child is 18 months old has robpi and might have 90 to 95% function back at least according to his drs when I asked.

Re: trying to sue and told there was no injury

Posted: Wed Nov 16, 2005 3:37 pm
by brandonsmom
WE saw an attorney that said the same thing-no surgery-no injury.....my son ended up having surgery and we ended up winning the lawsuit with the same attorney that turned us down in the first place

Re: trying to sue and told there was no injury

Posted: Wed Nov 16, 2005 3:59 pm
by admin
Keep searching and trying. Many attorneys do not want to take a case that does not have a permanent injury. They are very difficult to win. Also with out a permanent injury the money IF recovered is not enough for them to accept. These cases require a great deal of experts and are very costly as well as time consuming so many many attorneys dont want anything to do with them.

You need to keep searching.

Re: trying to sue and told there was no injury

Posted: Wed Nov 16, 2005 5:22 pm
by admin
we were told the same thing and I fought and fought. The same lawyers did take our case b/c there was clear negligence and my records were changed etc. And i think because they saw I had the fight in me. We haven't gotten too far with the suit yet, even though we filed over 1-1/2 yrs ago. I know the money will not be huge but I need my child to know i fought for him and I dont know what the future will hold and if there will be regression etc. BTW I would say he has about 95% recovery- no surgery. Keep searching and look for lawyers who have done many BPI cases.

Re: trying to sue and told there was no injury

Posted: Wed Nov 16, 2005 10:04 pm
by J'S MOM
THERE ARE BPI ATTORNEY'S WE ARE IN THE PROCESS. HOPEFULLY THINGS WILL GO WELL FOR MY SON. WE HAVE A VIDEO WHICH THE DOC IS PULLING ON OUR SONS HEAD. I HAVE BEEN TOLD THAT OUR VIDEO WILL HELP TEACH WHAT NOT TO DO. THESE DOCS NEED TO LEARN HOW TO DELIVER OUR BABIES CORRECTLY. I HOPE YOU GET SOME HELP THAT YOUR CHILD DESERVES. THEY DEFFENITLY DO NOT DESERVE THIS INJURY. IF YOU WANT TO EMAIL ME I WILL GIVE YOU SOME ATTORNEY'S WE HAVE MET. I GO WITH MY GUT FEELING ABOUT PEOPLE. WELL, I THOUGHT OUR DOC WAS NOT ACCURATE ON THE SIZE OF J BUT, I DID NOT LISTEN TO MY INNER MOTHERLY FEELING I WAS OBLIVIOUS TO THIS INJURY UNTIL I DID MY HOMEWORK. THAT IS WHAT OUR JOB AS PARENTS OF INJURED CHILDREN. I HAVE TRAVELED THE US FROM COAST TO COAST MEETING WITH PEOPLE WHO CLAIM TO BE AN EXPERT. CHOOSING AN ATTORNEY IS PROBABLY THE HARDEST THING TO DECIDE. THIS NETWORK HAS BROUGHT ME SOME FRIENDS TO HELP WITH THE HARD TIMES. I THINK THESE FORUMS ARE A GOD SEND. HOPE I COULD HELP.

Re: trying to sue and told there was no injury

Posted: Fri Nov 18, 2005 3:50 pm
by bsclark
My daughter has an avulsion of her c6 c7 nerve in which surgery is not an option. We are in TN and using an attorney in Michigan. He has had our case now for about eight months. It is a slow process, but he has only been positive in our discussions. if you would like his name/number email me @ bsclark@bellsouth.net.

Re: trying to sue and told there was no injury

Posted: Fri Nov 18, 2005 10:01 pm
by admin
Dear guest null. Can you tell us where you are at? We might be able to help you better if we know where you are. I am confident that there will be someone close to you to help you out.