Re: Hey Everyone just a little update

June 20, 2002

In a message dated 6/20/2002 6:56:20 AM Eastern Daylight Time, ttm41@... writes:

Braeden was born at 9lbs 11oz & 20" I was due on Jan 18 and they took him on Jan 2....I love my drs I really do .... but I will say if this could have been prevented

Trisha,

I felt the same in the beginning, that this could have been prevented- they told me I was measuring large at 6 months, but really, what can they do? However, I was a week late and I feel that since he was already measuring large, they could have induced me. There was less movement in my 8th month, but of course, they tell you that happens because there is less room anyway. So, in our case, I feel that they should have induced me on my due date (Due Jan 3, delivered Jan 10), and they might have been better off giving me a C section since they knew he was so large anyway- they ended up tearing his tight muscle to get him out when they pulled his arm which created a huge blood mass (he was 9lbs. 13 oz, 21.5 in)- which worsened the whole scenario as far as recovery. On the other hand, there was a woman that gave birth the same time I did- that during delivery (12 lbs!), the head came out and she passed out! The baby's head turned blue and they rushed all family out. They had to probably break some bones to get that kid out, but this reminded me that childbirth is a huge deal and this is why some women have died in the past because of complications. The baby's head was still blue in the nursery, so I don't know how he made out. But, maybe she's upset that they didn't do a c also? It's a guessing game on one hand, but there are signs that an experienced Doc might see that would not risk going through normal delivery- other than that- I don't see how they can prevent tort and plagio that starts inutero, only help avoid further complications and avoid prolonged inutero constraint by inducing and doing a "c" as opposed to waiting for natural delivery to happen (but again, all the pieces have to come together to understand the importance of this, and usually hindsight is 20/20, but I feel an experienced Doc might have addressed this concern- especially when the head Nurse made a big deal out of it from the get go).

June 20, 2002

Trisha -

IMO, I would be very sceptical of the new lawyer. I know he is your

cousin's old friend, but I don't trust lawyers who are looking to

sue, sue, sue. The reason he isn't charging you is because he is

foaming at the mouth for the compensatory damages. He will probably

take 40% of that.

This is just my opinion and I am certianly not in medicine!

There is no way your OB could have known about the tort/plagio.

Just because a baby is large, doesn't mean he will have this. DH's

secretary had a 12 lb 13 oz baby last July (5 lbs bigger than

Dane!). He didn't have any issues.

I really think OB's get a bad wrap with too much they can't

control. If you would have had a C_Section earlier and Braeden's

lungs weren't completely developed, the OB would have blamed for

that too. It would have been a no win situation for her. A friend

of mine died 4 years ago from complications from childbirth. I

don't believe her husband sued the OB, because there is no way of

knowing all these things could have happened.

Bill seems to be a great lawyer and very honest. I have spoken with

him a couple of times. I wish he could help us out. I'd use him in

a flash!

The hospital where Dane was born told us to only lay him on his

right side. I am trying to find a lawyer to help us out with a suit

to only cover the cost of the band. Dane is fine now, so I feel no

need to ask for emotional distress. I just want the band and any pt

to be covered. I cannot find a lawyer who will help us because the

amount is so small. I am going to talk to my pediatrician soon to

see if she even thinks this is justifiable and I don't want to

disrupt our relationship with her. Then I may end up taking it to

small claims court on my own. Remember if you do sue the OB you

will have to involve your ped. Doctors aren't real forthcoming when

it comes to testifying against other dr.

And another thing to consider is Jill's situation in NV. She

couldn't find an OB taking new patients because of the malpractice

insurance.

This is JMO. I don't mean to offend anyone who may be suing their

OB.

Dane's mom DOC Grad

>

> Hello!!! Wow it feels like forever and a day....I have been

lurking and reading daily just honestly to busy to post so I got up

early this morning just for you guys....My Grandma is home and doing

well...she has to have a nurse come in a couple of days a week just

to check in they live up in what us texans would call mountains here

(ist so flat) and its less stress on her that way but my mom said

she is back to her old crotchety self (moms words) so I am very

happy...there were quite a few scares there but now she is home and

doing good....Braeden is doing GREAT w/his helmet he sleeps in in no

problems and I cant believe the improvements already and the people

at CT have been so great here....This is his 3rd week....But my

goodness does it stink at the end of the day....I love decorating

it...so every 3-4 days we change it up....NOW as far as insurance

that is still just a screwed up as ever!!! I think I may finally be

getting somewhere though....my cousin has an old friend and he is an

attorney so he asked him to do him a favor and take my case against

Cigna and told him we had NO money (Bill Fyne was going to cost

$500.00 for court fees and such) so he has said it will not cost us

a penny and he would be happy to help us....once he and I started

talking he told me NOT to send in my appeals paper work to the lady

who had been helping me. If you dont remember I never had a level 1

appeal and they tried to send it to level 2 and national w/o MY

appeals stuff....the attorney said IF we every had to go to court

and we didnt follow Protocol (all level of appeals etc) we could

loose w/the drop of a hat....that the insurance companies want you

to miss something and try to confuse you to keep their case

strong...so needless to say I didnt send it....He is also wanting to

look into Malpractice against my OB & Perinatologist!!!! this is

NOT what I want to do at all I love them both dearly....but the Peri

had suggested taking Braeden between 36-38 wks due to size and My OB

said No she was going to Jamaica for vacation and didnt want me to

have an amnio...so at 38 wks he was non responsive to NST and they

sent me to Labor and delivery and she did the C-Section that day

(repeat) because he was stressed....so I dont know how to handle

it...I have been give a ton of new duties at work so I cant get on

during the day at all they handed me the whole safety program and

said to manage it...dear God...if you only knew what I have to

do....you would be crying for me...oh well

> I just didnt want you to think I wasnt here or not thinking about

you all I am I am just so freaking busy I am meeting w/both

attorneys next week so I am now trying to figure out what to

do...any Ideas??? Braeden was born at 9lbs 11oz & 20 " I was due on

Jan 18 and they took him on Jan 2....I love my drs I really do ....

but I will say if this could have been prevented...I dont know

guys...Help....

> Well I need to go get ready for work I will check in during my

lunch...Hugs to all!! Trisha

>

> For more plagio info

June 20, 2002

Thanks a Ton...that is how I feel too...I dont want to sue her I love her I was one of her first patients and has always been wonderful w/me and took all precautions...you know when he said that about the malpractice attorney my heart sank and I felt so cheap I am not one to sue anyone, unless of course I burn my mouth on hot coffee at Mcs....Just Kidding....I dont think you get anything out of it except alot of grief and turmoil and it causes more than its worth....All I want is the money for the band too thats how this all got started....when I first talked to this guy all he was going to do is write me a letter for my appeal pack....then he called a couple of days later w/the malpractice stuff...I swear it didnt set well w/me and made me sick at my stomach....I think I will call him today and just ask for the letter and if he isnt willing to do just that then I will just tell my cousin thanks but no thanks...Bill Fyne is very nice and understanding and very knowlegeable and I trust him....I guess I was just trying to make my cousin feel like he was doing me a favor in helping me but I dont want some Vulcher badgering my dr's or me Thanks again I really appreciate you opinion...Thanks Bunches

rmanias <rmanias@...> wrote: Trisha -IMO, I would be very sceptical of the new lawyer. I know he is your cousin's old friend, but I don't trust lawyers who are looking to sue, sue, sue. The reason he isn't charging you is because he is foaming at the mouth for the compensatory damages. He will probably take 40% of that. This is just my opinion and I am certianly not in medicine!There is no way your OB could have known about the tort/plagio. Just because a baby is large, doesn't mean he will have this. DH's secretary had a 12 lb 13 oz baby last July (5 lbs bigger than Dane!). He didn't have any issues. I really think OB's get a bad wrap with too much they can't control. If you would have had a C_Section earlier and Braeden's lungs weren't completely developed, the OB would have blamed for that too. It would have been a no win situation for her. A friend of mine died 4 years ago from complications from childbirth. I don't believe her husband sued the OB, because there is no way of knowing all these things could have happened. Bill seems to be a great lawyer and very honest. I have spoken with him a couple of times. I wish he could help us out. I'd use him in a flash!The hospital where Dane was born told us to only lay him on his right side. I am trying to find a lawyer to help us out with a suit to only cover the cost of the band. Dane is fine now, so I feel no need to ask for emotional distress. I just want the band and any pt to be covered. I cannot find a lawyer who will help us because the amount is so small. I am going to talk to my pediatrician soon to see if she even thinks this is justifiable and I don't want to disrupt our relationship with her. Then I may end up taking it to small claims court on my own. Remember if you do sue the OB you will have to involve your ped. Doctors aren't real forthcoming when it comes to testifying against other dr. And another thing to consider is Jill's situation in NV. She couldn't find an OB taking new patients because of the malpractice insurance.This is JMO. I don't mean to offend anyone who may be suing their OB. Dane's mom DOC Grad> > Hello!!! Wow it feels like forever and a day....I have been lurking and reading daily just honestly to busy to post so I got up early this morning just for you guys....My Grandma is home and doing well...she has to have a nurse come in a couple of days a week just to check in they live up in what us texans would call mountains here (ist so flat) and its less stress on her that way but my mom said she is back to her old crotchety self (moms words) so I am very happy...there were quite a few scares there but now she is home and doing good....Braeden is doing GREAT w/his helmet he sleeps in in no problems and I cant believe the improvements already and the people at CT have been so great here....This is his 3rd week....But my goodness does it stink at the end of the day....I love decorating it...so every 3-4 days we change it up....NOW as far as insurance that is still just a screwed up as ever!!! I think I may finally be getting somewhere though....my cousin has an old friend and he is an attorney so he asked him to do him a favor and take my case against Cigna and told him we had NO money (Bill Fyne was going to cost $500.00 for court fees and such) so he has said it will not cost us a penny and he would be happy to help us....once he and I started talking he told me NOT to send in my appeals paper work to the lady who had been helping me. If you dont remember I never had a level 1 appeal and they tried to send it to level 2 and national w/o MY appeals stuff....the attorney said IF we every had to go to court and we didnt follow Protocol (all level of appeals etc) we could loose w/the drop of a hat....that the insurance companies want you to miss something and try to confuse you to keep their case strong...so needless to say I didnt send it....He is also wanting to look into Malpractice against my OB & Perinatologist!!!! this is NOT what I want to do at all I love them both dearly....but the Peri had suggested taking Braeden between 36-38 wks due to size and My OB said No she was going to Jamaica for vacation and didnt want me to have an amnio...so at 38 wks he was non responsive to NST and they sent me to Labor and delivery and she did the C-Section that day (repeat) because he was stressed....so I dont know how to handle it...I have been give a ton of new duties at work so I cant get on during the day at all they handed me the whole safety program and said to manage it...dear God...if you only knew what I have to do....you would be crying for me...oh well > I just didnt want you to think I wasnt here or not thinking about you all I am I am just so freaking busy I am meeting w/both attorneys next week so I am now trying to figure out what to do...any Ideas??? Braeden was born at 9lbs 11oz & 20" I was due on Jan 18 and they took him on Jan 2....I love my drs I really do .... but I will say if this could have been prevented...I dont know guys...Help....> Well I need to go get ready for work I will check in during my lunch...Hugs to all!! Trisha> > > For more plagio info

June 20, 2002

I just called and told his secretary I DID NOT want to go after my drs and all I want is a letter for my appeal so I may just go a head and have Bill do it...he said he woud and I trust him....Thank you for slapping me and waking me up....you have no idea how much better I feel !!!! I feel like the world has been lilfted from me....such big hugs to you!!!! Trisha

Trisha <ttm41@...> wrote:

Thanks a Ton...that is how I feel too...I dont want to sue her I love her I was one of her first patients and has always been wonderful w/me and took all precautions...you know when he said that about the malpractice attorney my heart sank and I felt so cheap I am not one to sue anyone, unless of course I burn my mouth on hot coffee at Mcs....Just Kidding....I dont think you get anything out of it except alot of grief and turmoil and it causes more than its worth....All I want is the money for the band too thats how this all got started....when I first talked to this guy all he was going to do is write me a letter for my appeal pack....then he called a couple of days later w/the malpractice stuff...I swear it didnt set well w/me and made me sick at my stomach....I think I will call him today and just ask for the letter and if he isnt willing to do just that then I will just tell my cousin thanks but no thanks...Bill Fyne is very nice and understanding and very knowlegeable and I trust him....I guess I was just trying to make my cousin feel like he was doing me a favor in helping me but I dont want some Vulcher badgering my dr's or me Thanks again I really appreciate you opinion...Thanks Bunches rmanias <rmanias@...> wrote: Trisha -IMO, I would be very sceptical of the new lawyer. I know he is your cousin's old friend, but I don't trust lawyers who are looking to sue, sue, sue. The reason he isn't charging you is because he is foaming at the mouth for the compensatory damages. He will probably take 40% of that. This is just my opinion and I am certianly not in medicine!There is no way your OB could have known about the tort/plagio. Just because a baby is large, doesn't mean he will have this. DH's secretary had a 12 lb 13 oz baby last July (5 lbs bigger than Dane!). He didn't have any issues. I really think OB's get a bad wrap with too much they can't control. If you would have had a C_Section earlier and Braeden's lungs weren't completely developed, the OB would have blamed for that too. It would have been a no win situation for her. A friend of mine died 4 years ago from complications from childbirth. I don't believe her husband sued the OB, because there is no way of knowing all these things could have happened. Bill seems to be a great lawyer and very honest. I have spoken with him a couple of times. I wish he could help us out. I'd use him in a flash!The hospital where Dane was born told us to only lay him on his right side. I am trying to find a lawyer to help us out with a suit to only cover the cost of the band. Dane is fine now, so I feel no need to ask for emotional distress. I just want the band and any pt to be covered. I cannot find a lawyer who will help us because the amount is so small. I am going to talk to my pediatrician soon to see if she even thinks this is justifiable and I don't want to disrupt our relationship with her. Then I may end up taking it to small claims court on my own. Remember if you do sue the OB you will have to involve your ped. Doctors aren't real forthcoming when it comes to testifying against other dr. And another thing to consider is Jill's situation in NV. She couldn't find an OB taking new patients because of the malpractice insurance.This is JMO. I don't mean to offend anyone who may be suing their OB. Dane's mom DOC Grad> > Hello!!! Wow it feels like forever and a day....I have been lurking and reading daily just honestly to busy to post so I got up early this morning just for you guys....My Grandma is home and doing well...she has to have a nurse come in a couple of days a week just to check in they live up in what us texans would call mountains here (ist so flat) and its less stress on her that way but my mom said she is back to her old crotchety self (moms words) so I am very happy...there were quite a few scares there but now she is home and doing good....Braeden is doing GREAT w/his helmet he sleeps in in no problems and I cant believe the improvements already and the people at CT have been so great here....This is his 3rd week....But my goodness does it stink at the end of the day....I love decorating it...so every 3-4 days we change it up....NOW as far as insurance that is still just a screwed up as ever!!! I think I may finally be getting somewhere though....my cousin has an old friend and he is an attorney so he asked him to do him a favor and take my case against Cigna and told him we had NO money (Bill Fyne was going to cost $500.00 for court fees and such) so he has said it will not cost us a penny and he would be happy to help us....once he and I started talking he told me NOT to send in my appeals paper work to the lady who had been helping me. If you dont remember I never had a level 1 appeal and they tried to send it to level 2 and national w/o MY appeals stuff....the attorney said IF we every had to go to court and we didnt follow Protocol (all level of appeals etc) we could loose w/the drop of a hat....that the insurance companies want you to miss something and try to confuse you to keep their case strong...so needless to say I didnt send it....He is also wanting to look into Malpractice against my OB & Perinatologist!!!! this is NOT what I want to do at all I love them both dearly....but the Peri had suggested taking Braeden between 36-38 wks due to size and My OB said No she was going to Jamaica for vacation and didnt want me to have an amnio...so at 38 wks he was non responsive to NST and they sent me to Labor and delivery and she did the C-Section that day (repeat) because he was stressed....so I dont know how to handle it...I have been give a ton of new duties at work so I cant get on during the day at all they handed me the whole safety program and said to manage it...dear God...if you only knew what I have to do....you would be crying for me...oh well > I just didnt want you to think I wasnt here or not thinking about you all I am I am just so freaking busy I am meeting w/both attorneys next week so I am now trying to figure out what to do...any Ideas??? Braeden was born at 9lbs 11oz & 20" I was due on Jan 18 and they took him on Jan 2....I love my drs I really do .... but I will say if this could have been prevented...I dont know guys...Help....> Well I need to go get ready for work I will check in during my lunch...Hugs to all!! Trisha> > > For more plagio info

June 20, 2002

Trisha:

I was really just wondering about you & Braeden yesterday, so I am

happy to hear your great update. It sounds like you have been very

busy trying to get this mess worked out with your insurance. Best of

luck with this huge battle you have going on!

That's great news that your Grandma is home & doing well, what a

relief.

Also great news to hear about how well Braeden is finally tolerating

his DOCband & you've already seen some improvment A sign of more

rounding to come .

Please keep us updated on everything. Good to hear from you.

Debbie Abby's mom DOCGrad

MI

>

> Hello!!! Wow it feels like forever and a day....I have been

lurking and reading daily just honestly to busy to post so I got up

early this morning just for you guys....My Grandma is home and doing

well...she has to have a nurse come in a couple of days a week just

to check in they live up in what us texans would call mountains here

(ist so flat) and its less stress on her that way but my mom said she

is back to her old crotchety self (moms words) so I am very