New - NEEDING HELP!

[angienbama]

Hello,
Im new to the message board, simply because I just found this wonderful place. Let me explain my situation and see if ANYONE can help with suggestions.

I had my daughter at 17, at 43 1/2 weeks, weighing 9 lb 7 oz (which the Dr. predicted), and after 19 hours of labor. No doubt it's his fault with all that happened in the delivery room. She's 8 now and her elbow has contracted, arm twists inward, arm is appx 1" shorter than right, and shoulder joint is deformed. She has about 80 degrees of upward rotation, fingers work fine, full sensation, it's simply cosmetic and rotative issues.

We've seen the "best" Dr's that Alabama has to offer...they all say nothing can be done except to sever the humerous, rotate, and reattach. I dont know the name of the procedure. Has anyone had this done? Any suggestions?

Also, we've been battling with the Dr's estate for years. He died about 4 years ago. His wife is broke because of the Dr's gambling habits...so we've switched to suing the insurance company. The attorney keeps telling me that the problem will be proving that he could have avoided (even though we had 9 of the 10 red flags the obstetric community notes for SD). Has anyone successfully sued in the south? Is 75k really the max for AL for this injury? ETC.

I have so many questions and really need some help. Please Reply.

THANK YOU! God Bless!
Angela

[cbe411]

Welcome to the boards Angela, I am glad that you found them, though I wish it was for other reasons. I cant help you with any of this, I am TBPI, but I am sure you will get some help! Francine, where are you? LOL She is great!!!! Just keep asking questions! Good luck!
Courtney

[Francine_Litz]

Hi Angela! Welcome to the message boards.

I suggest that you send a tape of your daughter in to the docs at Texas Childrens Hospital. WE live in Pennsylvania and my daughter has been cared for by them since she was born - she's now 5 - with great success.

here's the link to how and where to send a video to:
http://www.injurednewborn.com/maia/video.html

(There is free medical airfare available for your trip to Texas and very discounted hotels, etc. http://www.injurednewborn.com/maia/travel.html)

I think you should contact an attorney who is a bpi specialist... there was a legal panel at UBPN's recent camp - here are the names of those who attended the legal panel:

Lon Walters E-mail: lwalters@walterslaw.com
Web Page: http://walterslaw.com
Kansas, Missouri

Ken Levine E-mail: klevine@annlev.com
Web Page: http://annlev.com
Massachusetts / Connecticut

Les Weisbrod E-mail: lweisbrod@morganweisbrod.com
Web Page: http://www.morganweisbrod.com
Texas

John Blume E-mail: jblume@njatty.com
Web Page: http://njatty.com
and his associate...
Carol Forte E-mail: cforte@njatty.com
New Jersey

Attorneys do work out of state - they hire a local attorney who helps them with the local laws and gets them the allowance to practice in that state for your case.

(If I forgot anyone on the list, I hope someone posts the name)

The procedure you are talking about is called an osteotomy and many children with bpi do get this procedure... I have personally met some children who have had this and have done well with it. It seems to be the one surgery that has been done for a long time. If her elbow is contracted - the docs at TCH do something called biceps tendon lengthening... my daughter had this done in May and it's very successful.

So those are my suggestions.... ask as many questions as you can...

-francine
http://www.injurednewborn.com

[Francine_Litz]

Courtney! LOL LOL

[cbe411]

Thanks Francine I just knew you would come through!!! Thanks gagin for being you and doing what you do!! Maia has the best mom, well second best to mine! hehehe
COurtney

[angienbama]

THANK YOU SOOOOOOOO MUCH !

Its strange. Its like I woke up this morning and decided to check on the internet for information and BAM! It hits me.

I will definatly contact them!

There are NO Alabama support groups! Anyone know how I could start one?

As for the lawyer...here's additional info. After reading, tell me if this guy is full of BULL!?!?! (like I think)

This Dr. killed 3 babies the night my daughter was born. Had alot of suits out when he died. I was one of 4 that filed against his estate when he died. Basically my attorney hasn't phoned me back since our meeting last spring. Ive called 3 times. I've spoken with his wife/paralegal...but she knows nothing.

My mother knows the Dr's wife. Apparently the suits against the estate were dropped when after settling his gambling and regular debts, nothing was left. I say BULL! He had a huge estate here, sports cars and all (in a small rural AL town) and a place in Tampa that he flew to in his private plane often.

I have answered 2 lists of derrogatories for the hospital and the insurance company some months back. That's been it.

Does this all sound normal? Or like a load of bull?

Honestly?

I did sign papers with him some years ago. 8 to be exact. I never even heard from him until months after the Dr. died

[angienbama]

Also (and I know Im making a monster of myself in saying this) Do any of you, at any time, have / had the idea to just ignore/avoid this all together? The whole fight? I'm ashamed to admit it but there have been times, a month at a time when I stopped going to physical therapy and just ignored it. It's not often (2x in 8 yrs) but I've still done it. It's like my heart has been ripped out and Ive been fighting to get it back so long that I just can't do it any more.

And my husband wants another child. We've tried for 6 years but since I almost died in the process of having Mal, he's scared. And my body wont cooperate. This is actually a problem that runs in my family as far back as my Great-Great Grandmother. All had children who died from SD. Mal was dead for a small time too. Thank God she lived. I want another shot at having a normal delivery (God knows why)...and he wants to adopt. What a dilema! Anyone else experience any of this?

LOL. I will talk you all to death now that I have others who are in the same boat!

[JennyF]

Wow...my daughter is in the same situation as yours as far as how her arm has developed. I am considering the osteo... too. I have heard alot of good things about it here on the message board. She won't have it until she is 6. She is only 4 1/2 now. I am sorry that you feel the way you do and yes there have been times when I just wanted to give up but giving up is like turningyour back on them and the problem. The only way things will get better is if you continue to face it and see the miraculous results appear. When they cross a milestone as simple as tying their shoes...it makes it all worth it. To see the smile on their face that they did and know that it was hard to do but they did! What an amazing feeling. I don't want to have to look back and feel bad that I turned away and let things go instead I want to feel like she is better than she would be because of me her mom.
Hang in there, I know it is hard. Trust me. Don't ever give up fighting. Keep going!

[angienbama]

Thanks for the encouragment. Ive really needed it today!

[admin]

Hi, I'm new. I have Erb's palsy and when I finally decided to sue, the doctor passed away, and, we too, had to try to sue his estate. Nothing happened there, so we went the insurance route. I ended up with a little more than what you wrote, but if that's what they are offering, take it. The thought of me going to trial, reliving the torment of my childhood (i.e. name calling, teasing), was not worth it.

I'm 36 now, living a normal life, as normal is to me. I have struggled through so much, but was blessed with having twin daughters. Picture changing diapers with one hand! I had to teach myself that one.

I wish so much luck with your daughter!
Adele