United Brachial Plexus Network, Inc.

We are talking to an attorney about malpractice in my son's case. In California, there is a $250,000 cap on pain and suffering. One attorney said that it would be hard to prove that our 6yr old son will have 'lost wages" due to his injury, as he is now mild-moderately affected (because of all the wonderful treatments he has had). I know that he will never be a sports star...not many people are. But, he won't be able to join the army (can't climb a fence), can't be a policeman, fireman, construction worker, manual laborer, etc. There has got to be a way to prove loss of wages.. Any advice? Anyone who has gone through the legal system in California ( especially at Kaiser hosp)? I get the impression that because of this, lawyers don't seem to interested because they know that this will not be a 'muli-million dollar case'.
Any advice would be appreciated.

I do not have any advise for you, because I am just beginning to see if I have a case for my son. It hurts me to know he will be limited. And I cannot go back to work now, for he has to come first. There are just to many doctors, therapy, & alternative medicine apppointments. I just hope I can get him something so he has a college fund. Our savings is getting smaller.Good luck!

I think you should find a lawyer who is passionate about winning your case no matter what is available with the cap. $250K is not a bad amount if you compare it to $0. $250K will net out to half or more and if you lock away $100K for 15 years it'll double two times (hopefully). That's a college education with a graduate degree.

They can get an economist to figure out the loss of wages. That's not a problem. But they will also look at which arm is affected and obviously you'll do better if the dominant hand is injured versus the non-dominant hand.

Maybe contact the San Diego support group to see if anyone there can refer you to a great lawyer?
Connie Cannon's email is cc@conniecannonart.com.

Good luck,
francine

I know that we just won a case in San Diego, well we settled out of court at least.... The case was federal so it was a little different. I was only worried about my child's college due to the fact that he cannot join the military....Thank Goodness....be a policeman or fireman....I won't rule out construction worker though. If you would like to talk to my attorney I am sure that she would answer yours questions.....she has been quite successful in OBPI lawsuits....e-mail me at cybermomx4@aol.com