Been to Trial and Won?

[PeggyF]

Has anyone successfully made it all the way through trial of a BPI case and won? Actually, I know some have, just courous about the numbers/stats from our community here on the message boards.

Peggy

[PeggyF]

we went through a two week trial and lost.
I'd just like to hear of successes for a boost )

Peggy

[PeggyF]

OK, if there is anyone out there that has won--Congrats!

I'm not asking for specifics--just a head count. If not, I think we need to see some positive numbers for settlement, at least )

For all those involved in litigation currently, I wish you all the best.

Recently, I've had to revisit my legal process, hence all my questions about it.

Peggy

[CW1992]

Hey Peggy - we settled - Britt at 18 will get her first check. I think that going to trial would have been so scary and I admire all that did that whether they won or lost - it must have been hard to do - and I hope that those who are going thru the process - you prove your case and get what you deserve for your kids. I hope that all is well with revisiting your legal process - it can be painful!
Christy

[PeggyF]

Hi Christy,
thanks for the input!

It is kind of a sad reminder of what is truly wrong with this injury and the accountability of taking responsibility for this injury.

We were not even offered a reasonable settlement. They only offered once and nothing that would have covered our out of pocket expenses to date (when they offered and it) and was basically a slap in the face from the other side. They knew from the get-go --somehow--that they would win. Our lawyer made it so there was no chance for appeal, no matter what the outcome.

I'm glad you received a settlement for Britt! Going to trial was scary; if only I could know then what I know now and be less emotional about it and do it over again; and I would do it again--even with the same outcome.

Peggy

[CW1992]

Oh Peggy! I am sorry for your outcome - but you gave it your best!! I too feel that I am so much stronger now emotionally - I would have been tougher - I was just scared and I'll never forget that phone call when our lawyer asked me if I wanted to "settle' for a particular amount and all I could think was "I have to put a price tag on my daughter's arm???" No amount will ever be enough.... I remember the phone call to my mom - "is this amount enough??" It is so hard! If I could do it again I would have punched the doctor and gotten twice as much!! LOL! I'm older now and hopefully wiser... Peggy - you know that you did your best at the time - you tried and that is what matters!
Christy

[PeggyF]

Thanks, Christy! I really appreciate your words of encouragement. I am just hoping that my experience somehow helps someone else--in whatever way. The jurers at least learned what a BPI is; the community here may find that a high powered attorney, no matter what their credentials, may not be the best way to go unless they have BPI experience, etc.
AND, I do no fault those who did not take the legal action rout. It was almost more than I could take at the time.

Peggy

[Karrie in MD]

Peggy we went to trial and it ended in a mistrial. Four of the jurors(3 men and 1 young lady) were for our side the other two jurors(2 older women)were for the doctor. Interesting huh? We were scheduled for another trial but they approached us to settle right before the trial date. We settled for a very fair amount. Kyle has a medical account set up now for his medical needs and will recieve his first installment at age 18. Sorry for your loss. I know it must be hard to deal with losing. Hope all is well with your family. Take care.
Karrie

[PeggyF]

Karrie,

I'm happy to hear that you got a fair amount for Kyle! That counts as a win!

Thanks for sharing, Karrie; it was hard to go through trial and lose, but that which doesn't kill us makes us stronger. It's almost been 5 years since our trial. I went through a rough time afterwards and kind of put it away...until recently. It's easeir to deal with now, thank goodness!

Peggy

[claudia]

Well, Peggy... we didn't go to trial, as the doctor's attorneys were afraid to put the liar up on the stand... Frank and I had agreed on a number for settlement that was acceptable for us. When we got to the courthouse -- our attorney had already gotten more than that. He then went on to push for even more and got it. He was incredible and I would never want to be an opposing attorney if he is trying a case. We also have a medical fund, plus her settlement. I would have gone to trial, but was so pleased to settle.

claudia