I Can't Believe This!!!!
 

I have been SO good about not letting things get to me, SO patient with this STUPID vaccine compensation case I won a year ago July and have yet to see even see an initial counteroffer for.

We gave our proposal of my out-of-pocket expenses and unreimbursed medical expenses, plus projected future expenses and lost wages to the opposing counsel a year ago. They had treating Dr opinions of my prognosis last October, all stating I was unable to return to work - bilateral TOS, full-body RSD,permanent nerve damage, muscle atrophy to dominant hand, depression and a few other goodies. Atty #1 asked for an IME, he then quit last Dec. Att. #2 gets IME set up in March in Chicago, the Chicago Dr gets the report back to us in JUNE! Report is totally in MY favor. Atty #2 then says his "life planner" is going over our proposal, they should have that done and be ready to talk to us about a settlement in 3-4 weeks. That was the beginning of July.

Every 2 weeks or so he's told us it'll be any day now, or just another week or so - until the end of August, when even the Special Master (judge) was getting testy and asked that things move along. THAT'S when atty #2 told us he was being put on a new assignment for a year, and a different atty (#3) wd be taking his cases!! He said since we were "so close" to wrapping this up he would try to stay involved until it was settled if possible.

I got an email today from my atty - he just talked with atty #3 for the first time by phone, although they have exchanged a few emails. THIS atty now tells him that my future wage loss is an area of concern, and their "vocational expert" wants to come here and do a functional exam (of me). He has an MS in "Vocational Rehabilitation and Work Adjustment Specialization", whatever that is, no medical background - is he just a sleaze-for-hire? They also want yet another opinion from the Chicago Dr who did the IME re: my prognosis.

I went to a local PT place that has a specific Back-To-Work program and trained staff, and had a functional capacity exam a year ago, and the results were I was only able to work light-to-moderate duty, part-time. But those exams DON'T take into account whether your PAIN flares worse later - I went home and took meds, and was in bed for 2 days following the exam, and I know we didn't even get to all of the tasks on it. And that was with them really pushing me to NOT rest (when I really had to), to keep trying to do things even when I told them it was increasing my pain, like pushing this cart (on a track) they kept adding more weight to, when I have severe RSD and nerve damage in my right hand!

I don't think I can go through anything like that again - it was really horrible!!
And at least the people at that place were neutral, this "expert" is getting paid by the side that's against me!! I don't want anything to do with this guy, they're going to mess around til I'm as in as bad of shape as I was before I had the spinal cord stimulator put in, just watch. :eek:

My lawyer sounds really ticked, he said he responded that it was his understanding we should be expecting their settlement offer, that we had sent substantial prognosis and work capacity info a year ago, and NO mention of another assessment or report from the Chicago Dr had been made to him at any time. He says he will ask the Special Master next week for a firm deadline for the opposing atty to present their settlement position.


When does it END????? :confused:

The case was decided in MY favor JULY 2006!!! :mad:

My head hurts, gonna go lie down. :(

{{{gentle hugs}}}}
 

I know it's frustrating as hell. It will end. All legal processes do.

But in the midst of it, it doesn't feel like it.

I would ask my attorney what I need to do "for him", and how he wants me to do it (whether an exam or whatever.) I assume that if one side has obtained a voc rehab study or life plan, etc., that then it has to be served, and the other side then has an opportunity to get their "own" rebuttal report. And if your doc failed to address an important issue in a final report, it is best to go back and get that supplemental report, than to appear at court and have the other side use that hole to weasel something through or out of. Just thoughts, but even though I may be very sick of my attorney or his staff's ineffectiveness, I cannot show it, as they are my only recourse and no one else wants to come to my aid.

Do what you must to get to the end. There are days that I don't call my attorney's secretary because I am too angry...I must wait until I am cool and calm and polite...haha...otherwise, if I say what is on my mind, they will fire me!

It usually takes up to 4 months to get a report around here. Some docs are 6 months, due to their level of expertise and patient load. IF we want the good doc, we take it as they give it. I am hoping that as you said, your report was in your favor, and the doc is respected in your area. Worth the wait in the end.

Hang in there. OCgirl is good to give "hugs." I do too, but wanted to also explain that it seems like this is all of the normal baloney that goes on in my old world...the waiting game...and then, finally, it WILL be over. Try to get that attorney to push it to hearing, if poss.

Love to you - Tam

Beth, their attorney does not win by monies out or your win...he is paid by vreating paper work. The longer he keeps your case open and going and more request is the ONLY way he makes money. Looks good to the ins. board and then he makes $$$$$.

I hope that your attorney can file with thecourt that this is a stall tatic. See through their games.
Relax, it is to try and break you down to accept ANYTHING.
Hugs,
Di

Tam,

It's not my atty dragging things out, he and I have done every single thing they've requested, promptly, and sent it back ASAP. It's the attorneys from the Justice Department, which handle Vaccine Injury cases - these are always against the FDA, as the vaccine manufacturers are protected from liability.

What really gets me is the case was decided in MY favor over a year ago, we gave them our requested offer with supporting documents a year ago, yet we still haven't seen a counter-offer in all this time! And when we were led to expect that we would have one any day at last, now they are asking for yet another FCE - I've already had one, at a neutral site, by medical staff - and yet another MD report on my prognosis when we've already given them several that all say I'm unable to work!

All this will accomplish is to set things back at least another 6 months waiting for the Chicago Dr's report which agreed with my Drs' reports on just about everything, and did NOT support the opposing side's arguments at ALL - and I don't trust their voc. rehab "expert" to do a fair work capacity exam as he's being paid by the opposing side. I'm also honestly afraid of going through another one and possibly hurting myself more. My left arm is really bothering me, the head ache is constant and now the shoulder blade has kicked in. :( I've had 2 surgeries on the right, but there's permanent nerve damage and it's very weak, along with severe RSD, and there are all these tasks with weights involved - I just don't think it's even appropriate to put me through those tasks! Just gonna mess me up more! :eek:

Di, these atty's work for the US Justice Dept so they get paid just fine! That's what's so crazy - the $$ that's paid out in vaccine injury cases comes from a fund created by a 75 cent fee added to the cost of every covered vaccine you get. It's not government funds, doesn't come from taxes, it's a specific fee on vaccines to compensate those who suffer a serious injury or death as a result of a vaccine reaction. And you have to PROVE that the vaccine caused the injury or death, which isn't easy. And even THEN, when I have done all that, and WON, still they are stalling and dragging this out, over 14 months now, and I have yet to even see a counter-offer.

It's totally screwed up. :mad: My kids are growing up - I NEED this settled, so we can have some kind of life. I HATE this!!!

(I didn't mean to imply that your attorney wasn't doing his job - it's more MY attorney that I'm frustrated with these days, and in fact, it isn't him, but his secretary, who doesn't return calls, do any faxes, and neither does the secretary for my PTP, which leaves me doing them ourselves, which then the atty's secretary leaves me a msg. that she got a fax from the ins. co. asking me not to fax them...well, I wouldn't if THEY ALL would DO their jobs timely...)

I think we all hear your frustrations...and don't want you to give up in the slightest. I don't know the system you are in, but whatever you have to do to get the BEST outcome, I am rooting for you. You've got support here at the Board, believe me! And it has been so long! My case began 11/02, and I do not have a final report yet...and I am tired of the game the adjuster plays. I know they hope I die first, which would be CHEAP for them. That's a main reason I have fought my illness so hard - I don't want them to win. Silly, but true.

I will continue to pray for God to give you strength through this time. And like I said, you've got fans here, so we'll send you some good vibes - do you feel them yet??? :D

It is so frustrating to have to deal with all the bureaucracy, baloney and incompetence.:(.. I hope a light shines bright at the end of the rough journey.

sorry about your legal battles
 

Hi Beth,
I am saying prayers for you and hoping that things go your way soon. Many gentle hugs!!!!!

love and hugs,
Victoria:hug:

Beth, I'm So Sorry for This Setback
 

this has got to be so beyond frustrating at this point and i agree, the other side's motives seem patently transparent.

isn't there some way to draw the judge's attention to these delay tactics? judges in my experience, generally don't like it when lawyers on either side of their courtroom promise and then fail to deliver results (movement of some kind... anything in the FORWARD direction -- not backwards, people! we're going backwards here!:mad:)

your concerns about the functional capacity exam being potentially harmful to your person are completely legitimate, beth. not to mention the fact, you've already complied with 'this portion of our program'-:rolleyes:

is there some way for you to not have to take the FULL test over again, at least?!?! since the delay was caused 100% by the opposing side, if i were to guess i might say the judge's take (were he to be made aware of these preposterous 11th hour developments) might be something along the lines of "tough ch*t! work with whatya got!" sorry to use those big, complicated legalese terms, everyone, but hell!

they need an update on your prognosis AND a new exam because of their own bad behavior?!?!? i don't think so, milady!!!

tell your attorney you have complied fully and as far as you can see you guys should be done. ask if there is not some way to appeal to the judge re these outrageous demands by the justice dep't attorneys, which are arising out of nothing other than either their own incompetence or a stupid negotiating ploy to wear you down further and make you give in and accept a lousy settlement. which is unethical and quite possibly against the rules of fair play - again, it's all up to how the judge perceives it and, as tam has said, how the game is played within the jurisdiction in which your case is being heard, beth.

but i so hear you. this should be OVER. you should have had at the very least, a counter-offer of some kind - gimme an insulting one, SOMETHING! - 6 months ago!!!

meanwhile, the pacific waves are still lapping at the shore... i have you guys' room ready and on pretty short notice i am prepared to wrap this TOS mess up with you and yours in some kind of beach-inspired celebration. you just have to say the word when, my friend.

you are strong. you can outlast these bastards.

fresh horses for the men! the troops are weary; supplies are low...

but you WILL prevail. you are on the right side of this case. do not ever, ever forget that, beth. maybe take a step back from it emotionally, try and look at it with a cool head and not so much attachment to your and your family's very wellbeing as to the outcome. you are better - and so much more - than that. it is after all, just a piece of litigation. a fierce piece, but just a case. and it will be over.

i'd love to be a fly on the wall when that judge gets wind of these developments-:D. thanks for updating us and you HANG IN THERE.

breath deep the sweet fall harvest air. you will reap what you have sown, in time. of that i have no doubt. and your instincts are spot on. continue to follow them, beth... but perhaps a bit of detachment would serve you well here. at this point in time. that's all i am saying, and it's only a suggestion.

:hug:
alison
"Be Brave"

:hug: for you Beth. I hope these idiots get this settled for you sometime soon. I have about as much respect for the legal system as i do now for the medical field. :mad:
You always give us such wonderful detailed posts to help us. I just want you to know how much I appreciate you. You are in such pain mentally and physically, yet you take the time to care about others. :hug:

Oh Beth, some days all you can do is lie down and cry... but that causes a flare up, so dont. :wink:

I feel your rage, pain and frustration. :mad: :mad: :mad:
(((((((((((sistahBeth)))))))))))

I think checking in to find out what can be done about the "delay tactics" is a good one.
Do you have any Drs documents or reports that state your condition of increased pain after the other FCE testing?
You may may need something that explains about the increased & "delayed pain" syndrome that accompanies TOS.

Latest is they have backed down on both the functional capacity exam and the prognosis request. My lawyer sent off a pretty stiff letter reminding them we had already sent them an FCE - and, surprise! - they had "just" found it! So another one won't be needed "for now". I think they got the drift he's NOT going to be patient any longer. They say they have enough for the "vocational expert" to work with, and if he needs anything else they will obtain it in the most efficient way possible. :rolleyes: Can't wait to see what this "expert" says! (He has NO medical background, degree is in vocational rehab.)

He faxed back asking for a FIRM date when we will have their counter-offer, but hasn't gotten a reply yet.

We have a phone conference tomorrow with the Special Master, and once again, NOTHING has changed since the last one - but if some forward motion doesn't take place, or opposing attorney pulls any more delaying tactics, my attorney has a legal motion of some sort ready to file against her. :D

October 5 will be 15 months since Special Master ruled in MY favor, and still without a counter-offer from opposing side!!!! :mad:

Think good thoughts, say a prayer, send me some good karma tomorrow morning - just DON'T cross your fingers please!! :p

beth :grouphug:

"Think good thoughts, say a prayer, send me some good karma tomorrow morning - just DON'T cross your fingers please!! "

Beth, my thoughts will be with you. May it go well for you.

Beth I just watched that documentary / promo thing on "The Secret" about invisioning success before it happens.

So picture that your settlement negotiations have already happened, that you are happy with the outcome, and that the deal is DONE.

Also, if at all possible, try to replace any "bad" feelings (frustration, anger, etc.) with good feelings of peace, contentment, even excitement with the sum you are going to be given.

I don't know if the Secret works, but it is better on our system I believe than the alternative, of worry and "bad" feelings. I am going to try it in my life and see how it goes.

Hhhhmmm, I see Beth...she's smiling because her case here is settled to her satisfaction - and VERY much so - and her husband and kids are quite happy around her. Her pain level is down, because the stress of this is now gone...forever. No more bothersome exams or hearings...she's really pleased about that. And the finances look very good...

How does that feel? :wink:

No Matter What
 

We will be ok...some days I want to lay down and say screw it!! Other days I work through the pain anyway...today is a sad day..my situation is bad but no matter where I have been my thoughts and prayers are with all of you guys and our pain being better...our lives being better and hopefully yours will soon..I know the waiting and finances can take a toll....you keep wondering when will it end? I'll pray its soon for you and you can breath a little easier...missed talking to you..Amy

Beth
 

I hear ya
I feel ya
I LOVE ya

Us legal MED Patients deserve a shinning star and more.
Peeps have NO clue what we go thru, huh?
Its a travisty, its cruel and just plain wrong.
Here the attorney's and insurance company's are getting richer by the second living and breathing luxury.
You and I get:
NO medical treatment
NO relief
NO peace
NO personal financial rewards, mind u re-payments
NO assurance
NO love

Yes, they r ALL waiting for me to die
As the defense, so called big shot attorney's first depo (2nd depo) question just days after my last chemo treatment was, "I understand you have cancer or been treated for cancer, so whats your prognosis?". A flush came over me as I visioned my worstest arm reaching across the depo table going for the juggler. Seriously. I was angry, felt defeated, had no response for several seconds as my eyes filled with tears. Then I looked at him and the university's Risk Management Coordinator and responded, " I'm fine, its all behind me unlike this TOS chronic pain". Underneath my breath I said to myself "O, dont mess with cyn, you think I have been giving you a hard nose. You haven't seen anything yet, ***** h*&%".

Mind you there are days...just ask folks here that I get so angry, so emotional with the lack of compassion, the delays, denials and stupidity I loose it. Then my lil' friends here, my grandkids make me smile, my family and personal friends call and I'm ok once again. Then I find the strength once again.

Hey, we all here on the forum have this dastardly pain which there is no cure for.
We try anything, everything to help and have made serious life changes and adjustments.
Disadvantages, disabilities & the pain is overwhelming.
But, we have each other and WE understand.

Deal with the madness YOUR way and when the anger turns to pixie dust YOU will find ole Beth's courage, strength and determination to get back on track & as I say...GO GET EM AND HIT EM HARDER THIS TIME!

Remember to document, document, document
XXOO

The Secret
 

ISNT IT AMAZING?
It plays a BIG part on my guided imagery

Today's conference:

Opposing atty says vocational expert MAY be able to start working up something as soon as today as far as lost wages - that this is the final piece they need before giving me an offer. However,they have a problem with discrepancy between past wages (part-time, pre-school and projected future wages;this year - 2007 - when my youngest entered jr high and takes an earlier bus, I had planned to find a full-time teaching position w/benefits in a local school district.

At the time I got hurt I was working 4 mornings a week teaching toddlers and 2-3's at a wonderful preschool, a model program. Some of our work with the kids has been exhibited at national early childhood conferences. It was a very exciting and professionally challenging environment based on the best research-based practices, w/top early childhood staff and teachers. It was a great interim job for me that offered possible growth, as they also had a.m. and p.m. 4-yr old preschool classes and now offer all-day kindergarten, and I knew it wd be GREAT for my resume when I DID approach a school district for that full-time teaching position.

Now this vocational expert is fussing because beginning in 2007 my future wage loss is based on a full-time teaching salary and benefits rather than a part-time pre-school position/w no benefits. But I have a BS in Early Childhood Ed, (w/honors), have worked for 2 school districts in the past, although part-time, and have been a Director/teacher of a preschool as well as teaching from 18 months-PreK. And I have a great resume and glowing references, plus lots of experience. I would have had NO problems getting a job teaching ECE, kindergarten or 1st grade, had I not been injured.

In addition to his problem with the wage difference, he MAY want a psych eval to "determine my feelings about work". (Umm - I LOVE teaching - how do I manage it without flaring my pain, without using my arms overhead, or lifting over 10 lbs, or repetitive motions, no standing for long periods, all my other restrictions? My dominant hand has severe RSD, writing is painful and I'm not supposed to use the computer much either - how do I do my lesson plans? I have bilateral TOS, full-body RSD, fatigue, severe depression - would you employ me to teach little children? Several Drs say due to my severe pain, disability and depression I am totally disabled for work, and that my condition is not likely to improve. That doesn't make me feel too good - I'd much prefer to be healthy and working, really, you moron!) Not sure if he would administer this exam or make an appt for me to have it done locally.

Opposing atty asked for 45 days to get these things accomplished. My atty about blew a fuse as we'd been led to believe we wd finally be getting a counter-offer this month by prev. atty, who since was reassigned and case handed to this new one. Special Master also says this case needs to move along, but we can't punish this atty for having case reassigned. He did say this case should be her top priority. And only granted her 30 days, and voc. expert only 10 days to decide if he wants the psych exam or not. If he does, the exam must be scheduled before the 30 days are up - not the actual exam given, just scheduled to be given.

My atty also asked for a motion for damages, which means actually going back to trial on the damages, unless we can settle first. This way we now have a date on the Special Master's docket, for January or February, depending on which is best for majority of witnesses - that will be decided within a week. Maybe the strategy will show other side we are willing to play hard ball, and they will quit messing around and get serious about a settlement.

I hope VERY MUCH we don't have to go to trial, I just want this ended so we can have some kind of life and move ON! When I got hurt, my girls were 7 and 11, in second and sixth grades. They now are 12 and 16, in seventh grade and Jr yr of high school. :eek: Time flies when you're NOT having fun, huh?

beth