United Brachial Plexus Network, Inc.

While I am delighted to hear that my 13mo old daughter LOBPI is doing so well, I cant believe this means we may not have a lawsuit. She has had no surgeries so far but I think she may need secondary at some point in the next year. the lawyer feels that while there is no question that there was negligence on my obs part..he even said he couldn't believe she wasn't more serverly injured...he thinks my daughter will not get sympathy from a jury because she looks fine. What about the countless hours of therapy, the months of waiting to see if she would get that hand to her mouth, all the drs appts (and thousands of $'s spent on them), me quiting my very good job to be home with my injured baby and the nightmares I still get. my nightmares are even worse now that I am about to deliver my second (even though planned c-section). This is a very reputable law firm, they have tried and won many BPI cases. I know alot of people on this board use them. Help, what can we do? we have signed a retainor agreement. the lawyer wants to wait until she is 2 to decide to file but if he says no then it will be too late to find another attorney.

Dear Anon:
Though to our minds, bpi cases should be open and shut, in the legal community, they are not. To a bpi attorney, they are open and shut too. But the reality is that doctor's lobbies are very powerful and they have colored many of the laws related to medmal lawsuits. In addition, if you get to trial, there are many people who still see doctors as higher-order humans and would never question them. Therefore, you lose.
I do not say this lightly. We have just settled our lawsuit. And we are pleased with our settlement. I was extremely happy to learn that the "other side" had no interest in a trial, but only with coming to terms with us. I, unlike many, did not see a trial as closure-just as more salt in the wound. A settlement, that was just fine. My daughter gets what she needs for medical treatment, that was what the whole deal was about.
Now, as for one attorney saying that you "might not have a case." Well, you have two choices: one is to stay and hope for the best, the other is to shop your case to another attorney. Call your local Bar Association (they are in the phone book) and ask for a referral to a med mal attorney, preferrably one with bpi experience. They will give you a list of names (not just one).
Since you have a retainer agreement already and you seem so unhappy with this, you should talk to the lawyer further. Find out what exactly it is that makes your case so possibly unwinnable.
I know this type of thing just adds to the level of frustration we all feel regarding this injury. It is just another roadblock. How many can we take?? We had an excellent relationship with our attorney and his lawfirm. I know that it made the process easier. I know others who HATED their lawyers by the end!

I wish good luck in this, I know it is not easy.

claudia

Hi Anon,
1. Have you consulted with another lawyer to get a second opinion. There are mal-practice lawyer's sites on the internet. A few are posted to the link page of my yahoo group, ERBSBPP.

2. The full extent of the injury may not be obvious until some time has passed: a couple of years at-least. I think the longest you can wait in a medical mal-practice suit is two years and at that time a physical therapist could probably determine the extent of permanent injury. Good luck!

P.S. My yahoo group ERBSBPP is about addressing the problem of people with obpi being able to support themselves. We obpi sufferers should be entitled to some kind of support from social security disability insurance but most of us are not entitled to any compensation. To visit my group you will need to establish a free yahoo e-mail address and then click on yahoo's group feature and type ERBSBPP in the search box, and hit enter. Now click on the blue ERBSBPP link. On my groups home page click "join this group". It's completely free. OK! Now, go to the bottom of the page that appears and click join. There are lots of links to other bpp information and the message board is about trying to improve the lives financially of people with obpi.

I know how you feel. We have been turned down 5 times. The attorneys were well known attorneys who deal with BPI cases. It is very frustrating and I do not have an answer for you. I am about ready to give up and say that I tried my best and deal with the outcome of that. Our daughter has had a great recovery also. She has had two surgeries to date. There is nothing in the records of ours to show negligence on the doctors part.

Good Luck,

Lisa

hey you- Your daughter will have problems for the rest of her life. She was traumatized at birth it could affect her later on. I know of a child that had no problems until 8 years old. Signs started showing up in her developmental delays. Was your care during pregnancy all that great? Did it affect your family? You can sue for all of that. Good luck!

Don't give up on finding an attorney. The Big Boys (law firms) want to make enough big-time cash for themselves to make your case worth their while. A scummy reality, but a reality nonetheless. Taking a case to trial is expensive.
But not all attorneys need to make multi-millions to take your case. Look for a reputable mid-sized firm in your area and keep trying. I'll bet you can find someone.

I know you have a time limit to sue for yourself but I was under the impression that a parent can't throw away a child's right to sue and that the child has until 2 years past their 18th birthday to sue. That may mean even if you can't sue right now you could still sue in the future after she has further surgery. I would do some calling around and find out because even if you miss one window I believe there is another one. I may be misinformed but I really believe that this is the case. Find out for yourself what the law in your area says.
T.

Okay,
Im new to all of this, what is the difference in the parents and the child's?

I would really like the opportunity to talk with you. Since for now, we both feel the need to be anonymous, I am wondering how we can connect? Perhaps, if you feel comfortable you can share an email address that won't identify you directly (maybe another email address that I could send you my info. - friend, work, ?) so that we may find a way that I could email you off the message board. Just trying to think of someway that we could connect. I just think it would be worthwhile for us to talk.

I am sorry to hear about your lawsuit. We were just given the some news last week. Our problem though is that the specialist that our lawyers normal use feels that we have no case. And the way it was explained to me if you don't have a specialist to agree with you then you really don't have a chance to sue. I just want my daughter taken care of, especially since she is on medicaid and my not qualify after she turns one.
NOW WHAT!?!