[beth]

Want to keep those who have been there for me throughout this very long battle informed, as well as anyone who may be involved in any type of litigation, although I am not sure my case is applicable to w/c or other, as it is in the Federal Courts and against the Dept of HHS.

We were hoping to finally have a figure presented to start negotiating from, but this didn't happen Monday or Tues - we must wait once more!!!
But we ARE very close, and my lawyer and the "go-to guy" at his firm for financial dealings are practically beaming. The attorney from DOJ who represents the other side has admitted their IME found in my favor, and "they want to do right by me." Cynical little me says it took the smoking gun to make them so "charitible", even after the Special Master found in my favor a year ago, and in the face of dx and treatment records from the TOP Drs in the field. Anything less and I would NOT be in a winning position here - how horribly broken this system is, the bars have been set so high most people can never win compensation in this court, but it was originally set up to be less difficult and speedier than traditional civil lawsuits.

The other side has a life-care planner who is going over our proposal for future medical needs and talking with my Drs, he/she is supposed to be wrapped up in the next month. But the lawyer says he will try to get that sooner and meet with us in 2-3 wks, with their counter-proposal as to which services they agree are needed, and which they don't, and their proposed compensation amount. There also will be compensation for out-of-pocket expenses, past and future lost wages and pain & suffering, P&S has a cap of 250,000.

I gave my lawyer copies of the relevant articles on anomalies, including how people who are predisposed need an inciting trauma to trigger TOS, and proper TOS description, dx, and treatment - all of which describe me to a T, including the wasting of hand intrinsics. He had copies of Dr Togut, Annest, Machanic and Schwartzmans' CV's, none of whom are "chopped liver". He continues to insist though that the TOS dx is not significant in the end because the major expenses are incurred by treatment for RSD (ketamine, SCS), while insurance picked up the TOS D, hospital and surgical TOS related expenses excepting plane, hotel, food, etc.

This is where he and I really butt heads. I want it on record that I have TOS as a result of the vaccine injury. I didn't have it prior, now my arms are all but functionally useless. I can't work as I can't lift or carry more than 5-7 lbs, push, pull, reach, or do fine-motor tasks or otherwise use my arms for any repetitive or sustained activity. When I do push past these limits my pain soars afterwards to levels that have me in bed for 1-2 days. When the TOS is aggravated, the RSD flares as well, and that can take MUCH longer to calm down.

This is a serious and permanent injury and I want it on record, not just for me, but because by having this injury recognized and awarded it might make it just a tiny bit easier for the next TOSer who goes to court - and the one after that. I'm sure that doesn't matter to him, because he won't be representing those cases - he just wants to get mine settled as quickly and easily as possible after all this time. But it matters to me. If MY case, which is so straightforward and definite, isn't recognized, whose will be? I want to have SOMETHING good come from all this mess, you know?

But my atty is older, conservative, reads and buys into the traditional TOS med thought/controversy and is spooked by it, wants to stay clear of it. He is VERY good at what he does - but rigid. So I am not sure WHAT is happening on the TOS count - but will find out, continue to push as much as I can, and let you know.

Our next phone conference date with the Special Master is August 8, but we expect to have an agreement before then. Once we do, the S. M. must ok it, both sides have 30 days to review/change minds, which we can cut to abt 8 days, then HHS has to approve, which can take 1-2 wks, then up to 2 wks for the check to be cut - so a month to 6 wks after we come to agreement, theoretically, I should have money in the bank. We shall see.

Anyone have advice on advantages/disadvantages of annuities vs. reversionary trusts for the medical dollars? I am told there wd be fewer restrictions under the trust option, the gov't wd purchase whichever I choose - because if I pass away before all these $$ are spent, they get the remainder back. I believe the same applies to the future wage loss - they will purchase an annuity that pays out a monthly or quarterly check. Only the P&S and out-of-pocket, plus past wage losses, will be a lump sum.

with great appreciation,
beth

[DiMarie]

I am lost on annuitites Beth, but maybe someone in your church is CPA or can recommend a financial advisor. I would want whatever gives me easiest access to, less limitations, and more faster, even if the amount is less in years. Like a 20 year instead of 25 year for more monies.

Better to outlive your money then to give it back...and why not go to heirs as they lose out on your earning now?
I am saying my prayers the resolution is jsut around the corner,
Di

[Sea Pines 50]

hi, beth,

i can tell this is a huge source of inner conflict for you. here's my thing: if your intrinsic hand muscles are wasted, then you do NOT have the DISPUTED form of neurogenic TOS (duh) and your attorney's fears perhaps could at least in part be addressed by pointing this out to him (again... and again!). i completely get where you are coming from on this.

but you not only have some very strong medical evidence and major players like annest, schwartzman et al behind you to back up the dx, your TOS is visible and the empirical evidence objective. explain to your lawyer that the medical controversy largely applies to cases of disputed neurological TOS, and NOT to clear-cut cases like yours, or to cases of vascular TOS. maybe that will help the rigid old son-of-a-***** become less intractable on this major point. there is nothing for him to be afraid of, damnit! make him go for it!

the fact that the TOS costs were less exposed from an insurance standpoint is a non-issue. so what? (do you mean to tell us, he is not going after [a multiple of] those covered costs, too? BS!! the hell he isn't; then the insurance co. gets back whatever under its subrogation rights and you keep the rest; that is how the game is played.)

the original injury (i.e., the TOS) is arguably what precipitated the RSD, correct? so how can that NOT be the key to your case? i don't get it, beth, and i am with you, totally, in your frustration. this is fear-driven thinking. but someone has got to be the one to set a precedent or no TOS'er is ever going to prevail in a court like this one. you are absolutely correct about that. i think the real question you need to ask yourself is, would i be willing to accept a smaller award or settlement, or to hang in there just a bit longer, in order to not compromise my principles here?

and if the answer to that question is "yes," then you simply do not allow your attorney to settle on terms which do not account for the degree of damage the TOS injury has inflicted on your life and your person, including but not limited to the development of RSD in its wake. the judge will be very careful to make sure that you are in agreement with the terms of any settlement that is reached as well, beth, so there will be another chance for you to speak up and be heard. this requires and deserves serious thought. (especially when your legal rep is not listening to you, and it certainly sounds like that might be the case here. i am sorry for that.)

i wish i knew more about finances and i wouldn't want to give you bad advice or say the wrong thing. federal tax law is extremely complicated; i would check with my accountant or financial advisor on the questions you raised. and there's state tax stuff, too, that can vary widely on these things. i don't even know what a reversionary trust is exactly, truth be told...

what i can tell you is, when my last bad car accident case ended up in litigation and that settled on the courthouse steps, i accepted a structured settlement that involves an annuity. i received a small lump-sum payment up-front to cover litigation expenses, which was taxable (except to the extent of actual allowed legal costs, of course), and thereafter a small monthly amount paid out of an annuity of some sort, which is not taxable. i was told that i cannot sell it or transfer it to another's name, but that if i were to die within 10 years of the date of the settlement my daughter would inherit the annuity.

my attorneys encouraged me at the time to look at it like a tax-free, guaranteed investment - or words to that effect - like i had invested six figures in a mutual fund or something and was receiving a known amount of dividends in perpetuity but didn't have to pay the tax man a cut of my profits

sounded pretty good when they put it that way, so i took the bait...

anyhow, beth, the bottom line is i know you will do the right thing here. your knower knows what that is. this case has been going on for a long, long time and has taken, no stolen, a great deal from you and your family. it is time to take your power back. i hope you get a rich settlement and that includes peace of mind.

i put clean sheets in the guest room and have my crew on beach detail. just waitin' on you guys now...

alison