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