United Brachial Plexus Network, Inc. • not significant enough
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not significant enough

Posted: Fri Jan 22, 2010 3:08 pm
by gboyd
how many lawyers do you have to tell your story to before they will take your case. my son is 16 months old he has lobpi he was 11. 5 lb at birth and i was almost 43 when i had him he can move his arm but cannot lift it above his head the last lawyer told me his injury was not significant enough. he has pt once a week . he had a mri and emg when he was 6 months to me his progress has stopped his drs. have a wait and see attitude and say they will look at him in june to see if he has made anymore progress dealing with drs make me feel lost and depressed i would love some words of wisdom

Re: not significant enough

Posted: Sat Jan 23, 2010 9:43 am
by karan71
As a mom of a 9yr old son with a left bpi..He has had three surgeries and we are about to have a fourth in the next few weeks. When I look back I remember that there is a "window" that the Dr's base the surgeries on. Are you seeing the top Dr's?? ie: Boston or Texas?? If not then you should. Dr Waters in Boston is the best ortho around. No doubt. ( my opinion). If you have seen those Dr's then trust their judgement. Don't push for a surgery if its not necessary. Believe me when I tell you its heart wrenching to watch your child struggle. But, If you feel that your child is not progressing then move the Dr's appointment up from June. Make a video of the baby doing differeint things. Short clips of him moving the arm. As far as the attorney..if they feel its not a "strong" enough case then maybe its not and you should feel blessed that your baby will recover.

Re: not significant enough

Posted: Sat Jan 23, 2010 10:03 am
by sofia's mom
Hi gboyd, my daughter is 6 months old and had 3 nerve transfers on Dec. 2 at Cinn. Childrens with Dr.Foad. She also had a birth injury, ropbi. She weighed only 8lbs 6oz but my ob used forceps and vaccum as he forcefully pulled on her little neck and head! I have spoken to several lawyers about this. The first one turned me down and I am on the second which sounds hopeful so far? Don't give up!!!!!!! Fight for your baby, as I am doing. These children should never want or need anything the rest of thier lives because of some idiot's wrong doing!! I hope your son gets the help he needs and keep your head high!!!! Lots of luck!!

Re: not significant enough

Posted: Sat Jan 23, 2010 12:13 pm
by gboyd
the dr also used a vaccume on my son , tyler, during delivery also the top of his arm was broken. I find myself being over protective, I 'm always afriad he will fall and not catch hisself right and break his arm again. I am thankful he has made progress . the dr deliverd another baby about 2 weeks before tyler with a bpi but his progress has not gone as well. i didnt find out about the other baby until tyler was about 6months. tyler goes to duke in nc , we live on the nc coast, i dont thank they have had much experience with bpi.

Re: not significant enough

Posted: Sat Jan 23, 2010 12:18 pm
by Amy Clark
These cases are very hard to try in court. Our daughter had a very strong case. Just months before the trial date, another strong case in our area lost. We decided to settle. The legal process is grueling, but worth it if you actually have a case. Some lawyers are just not willing to risk it. We saw a very prominent attorney in our area. He was reluctant, but based upon the severity of our daughter's injury decided to give it a go. Though our settlement was quite substantial, he said he would think twice before accepting another BPI case.

Some pros to going through the legal process: the money, if you win.

Some cons: multiple trips to "doctors" who would like to say your child's injury is not as bad as you say it is; depositions from attorneys who try to blame you for what happened; worrying about how you will pay for the trial if you lose; having to watch everything you say/type; constant calls from your attorney; constantly having that horrible ordeal brought up again in your mind; etc, etc.

Again, the money was worth it for my daughter, I guess. I'm just glad she'll probably never remember the ordeal it took to get it. I know I'll never forget......

Amy Clark

Re: not significant enough

Posted: Sat Jan 23, 2010 11:27 pm
by Ken. Levine
I would be pleased to review the case.

Ken Levine
Kenneth Levine & Associates
370 Washington Street
Brookline, Mass 02445
Tel (617) 566-2700
Fax (617) 566-6144
KLevine@KLevineLaw.com
Www.Klevinelaw.com