United Brachial Plexus Network, Inc.

AMEN is right!!!
big hugs to you patty,
what a strong woman you are and a courageous son you have!
-francine

WE settled for $150,000. We had an awesome attorney who gave us back some of her fees because we settled out of court to "GET ITOVER WITH" by the time my son turns 19 it will be well over a million dollars....(WE only kept $11,000 out for medical since my insurance covers his injury. The rest he gets at 18, 21, 25 and 45.) We were fighting the government and felt it more beneficial to settle because we wouldn't have had the jury on our side. Federal cases are only heard by the judge. Our son looks really good....he had 2 surgeries by Dr. Nath and you can hardly tell he has a problem. Thank the Lord, butI felt it important to get something for his future. By the way we settled right after 9/11

How do you even know to sue? things happen in life.
How did any of you know that was the right move?
we still have not made up our minds.

Melanie,
My husband and I were determined not to sue in the beginning. Then we thought a good hard deal about this choice. Our FIRST priortiy is our child. What if my husband and I were to die? Who would take care of our child's medical expenses? What if for so reason we are without work years down the line and we loose our health insurance? How will we pay for the surgeries and therapy our child needs? I had family say they would offer to help us out finacially, but how do I know they will always be in a good position to help our child out. My child was injured (the docgtor has medical insurance to cover this) and now it is my responsiblity to do all that I can to make sure there are funds available to cover the expenses my child will need in the future and give him the best results possible from this injury. We realized we had to sue.

Hi there
I live in the UK and I too am pleased that the topic of settlements is being discussed here.
I was surprised to see the difference in the ranges of settlements mentioned on this thread,
Over here in the UK we tend to believe that all cases are won in America and that they are all awarded millions of dollars in compensation!
Our sons case was settled recently and he was awarded £167,500 - then shortly after his case three more cases that I know of were settled all for between £225,000 - 260,000
We are fortunate here in the Uk as we don't have to pay forlawyers or court fees, as it is funded by the government under the Legal Services commission and also we don't have to pay for any surgery ( unless we choose to go "privately") so all the money goes into trust for the child until they are 18
I don't think we get as much interest or growth on the fund as you seem to in the states, at the moment it's about 6% per annum - so we usually don't see funds grow into the millions.
I just thought I would share a persepective from "over the water"
Karen

sorry - for some reason my pound sterling symbol has come out as a question mark - just in case you think I've gone a bit dotty!

Melanie,

We too were initially against suing until we started to learn more and really researched things. When I learned what SHOULD have been done and what SHOULD NOT have been done, I realized that there was tons of negligence and that my child was injured FOR LIFE when he should have never been. Things do happen in life but BPI's are something that should not. If doctors are skilled and trained to handle what they are legally and ethically required too, than these injuries usually never occur.

I came to realize my child was the priority here and for reasons the previous guest posted, I felt obligated to take care of my child. I also believe that by going through litigation the doctor may be more inclined to obtain the skills they should have had and to become more aware, therefore being less likely to hurt a future baby.

P.S. Getting my medical records and seeing the lies only further inspired me to move forward in hopes of truth and justice.

Melanie....

I totally understand where you are coming from because I felt the same way - I said "S**t happens" for a long time....

but then I found out about just how negligent my person was....basically it was negligence from day one to even 6 weeks afterwards.... it was a sham, a cover up, fraud and this person was protected by others, injured others.... the person I chose, who I so trusted ended up being a totally different person then I thought she was - evil, coniving and a liar.

When you get an attorney - they will take all of your records and find out if it was truly negligence... they won't take your case unless it is...and most won't take your case unless it is a strong case (because these cases are hard). If there was no negligence - then there's your answer -but if it TRULY WAS - then just my opinion, you need to do something to put one more checkmark on this person's record so that maybe that checkmark will break the camel's back and this person won't practice anymore and injure any more babies. If the doc was truly doing what he could and it truly wasn't negligence then you will find out and then you can walk away knowing for sure that life happens.

-francine

What I have learned from this whole experience is that no matter how much you win from a settlement/trial, You and your child will never be compensated enough. When I think about all of the things that we as parents go through as well as what our children are facing now and will face in the future, There is no true dollar amount that will erase away the hurt and pain. Now don't misunderstand me, I believe that ALL of the doctors should pay for what they have done to our children, but is it enough?

Jada's Mom,

I completely relate to what you are saying. All I REALLY, REALLY want is my child's arm and a billion dollars to cover the best medical care possible won't ever give him back what was his. Money can't reimburse you for all the suffering and loss. Money can't buy him back the opportunities that should have been his. In all honesty, I would love for the person who injured my child to have to volunteer time to help this cause, etc., more than receive money any ways, although money will help my child with future costs and that is important. And legal suits can bring about attention to these issues and more accountability, which is very important too. It was so strange because when we were close to reaching a settlement, I was truly surprised at how unaffected I was. I felt it was strange and that I should be happy that it was getting close to ending, yet it really was such a small piece of the whole picture and no amount of money could change what I wanted changed. I know if and when this case finally ends, we may have more money in the bank for our child, but the day in and day out grind of therapy, home rom, dealing with insurance, watching child's limitations, etc., will be exactly the same.