Reflex Sympathetic Dystrophy (RSD and CRPS) Reflex Sympathetic Dystrophy (Complex Regional Pain Syndromes Type I) and Causalgia (Complex Regional Pain Syndromes Type II)(RSD and CRPS)


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Old 07-17-2012, 08:49 PM #1
reluctant@thetable reluctant@thetable is offline
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I realize from previous threads that suing for crps is difficult if not impossible to prove. I have a question about this that is unusual.

Has anyone on this board successfully sued for crps? I'm not thinking about suing my doctors and my crps wasn't the result of any workers' comp or surgery. However, I have had a variety of minor injuries in my life which never resulted in crps. (How many of us have wondered why we got crps?--- I know, I know.) With that said, I realize crps can be highly influenced by stress. My family was under a great deal of stress at the time of my initial injury and continues to be. I know, I know, every family with a loved one with crps is under a great deal of stress.

My stress was extremely heightened (actually caused) by a family member's first ever lawsuit against a major corporation. It is still ongoing. I fluctuate between anger and stress at this corporation. I can't go into much detail about that here but the idea of adding my illness to the suit is something in my mind (or starting an new suit- that would be our second ever suit.)

I had very casually met a paralegal and told her about my crps and that stress is considered a factor in the development and flares of crps. She said that from her limited experience, factors can be a reason to sue. I told her the corporation had deep pockets and she said, all the more reason to sue- deep pockets, larger settlement.

Right now I'm frustrated, angry, stressed. (Today was a bad, bad day.)

Thanks for any input.
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Old 07-18-2012, 07:08 AM #2
LIT LOVE LIT LOVE is offline
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You need to speak with the attorney representing your family member. Personally, I doubt you have a case, and entering the lawsuit yourself will bring additional stress.

Should you seek psych help to reduce your stress? Absolutely. Many therapists have sliding scale fees if your insurance won't cover it, and many ministers (etc.) will provide free counseling services.
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"Thanks for this!" says:
alt1268 (07-18-2012), Nanc (07-19-2012), reluctant@thetable (07-18-2012)
Old 07-18-2012, 08:06 AM #3
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As LitLove stated, you need to consult the family member's attorney. And finding someone to talk to will help with your stress more than you know, it is a great idea. When I am feeling overwhelmed, I make that call to schedule my appt to talk it out. My husband is great, but talking to someone outside of the marriage/family is very helpful.

I sued for my initial injury back in 1991/1992. I had the diagnosis of RSD in the right side of my face and settled for a mere $25,000, I incurred $13,000 in medical bills. I wish I had known then what I know now about RSD, I would not have settled that easily. I can't go back to them because of the two year statute of limitations.

I bit a rock that was in my food at a restaurant. I ended up, after several root canals, losing my three back bottom teeth and having to get implants. All that trauma caused the RSD. The restaurant was at-fault because of their negligence in preparing the food. I was treated aggressively and went into remission for quite a while...then it came back with a vengeance! In addition to my face, I now have it in both hands, left arm, left leg and right foot. It has seriously taken away my quality of life that's for sure.

Again, my case was clearly the restaurant's negligence.

Good Luck!
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Old 07-19-2012, 12:53 AM #4
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Just sent you a PM. Absent a surgical cause , it likely would be hard to prove!
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Old 07-20-2012, 01:40 PM #5
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I sued and won. They didnt even contest and it I received the maximum I was entitled to by law. You need a very, very good lawyer and do not rush to settle.
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Old 10-05-2012, 07:59 AM #6
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Congrats on winning! Would you possibly be willing to chat via PM about this? My statute of limitations is up in a yr and I could use any possible advice. Thank you!

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I sued and won. They didnt even contest and it I received the maximum I was entitled to by law. You need a very, very good lawyer and do not rush to settle.
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Old 10-05-2012, 10:42 AM #7
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It's simple unless you can prove beyond a doubt that your CRPS was a. caused by the stress or b, definitively and measurably made worse by the stress you have more chance of becoming the Pope, President of the US and Prime Minister of the UK on the same day than winning a case against a major corporation and there $5000 dollar an hour lawyers.
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Old 10-05-2012, 04:05 PM #8
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Sure, please PM me with your questions. My situation is a bit different, however.
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Old 10-10-2012, 06:22 PM #9
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Thank you! I don't think you have PM functionality enabled. Would you mind please PMing me instead? Thank you!

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Sure, please PM me with your questions. My situation is a bit different, however.
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Old 10-11-2012, 04:25 AM #10
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Quote:
Originally Posted by reluctant@thetable View Post
I realize from previous threads that suing for crps is difficult if not impossible to prove. I have a question about this that is unusual.

Has anyone on this board successfully sued for crps? I'm not thinking about suing my doctors and my crps wasn't the result of any workers' comp or surgery. However, I have had a variety of minor injuries in my life which never resulted in crps. (How many of us have wondered why we got crps?--- I know, I know.) With that said, I realize crps can be highly influenced by stress. My family was under a great deal of stress at the time of my initial injury and continues to be. I know, I know, every family with a loved one with crps is under a great deal of stress.

My stress was extremely heightened (actually caused) by a family member's first ever lawsuit against a major corporation. It is still ongoing. I fluctuate between anger and stress at this corporation. I can't go into much detail about that here but the idea of adding my illness to the suit is something in my mind (or starting an new suit- that would be our second ever suit.)

I had very casually met a paralegal and told her about my crps and that stress is considered a factor in the development and flares of crps. She said that from her limited experience, factors can be a reason to sue. I told her the corporation had deep pockets and she said, all the more reason to sue- deep pockets, larger settlement.

Right now I'm frustrated, angry, stressed. (Today was a bad, bad day.)

Thanks for any input.
I have sued it was a slip and fall case and as a result of the injury I got RSD and I did win. We that said it was the slip and fall issue that the case was won on the RSD was just the icing on the cake. The facility was not properly maintained and unfortunately for them my injury was so serious I could have lost my arm. To sue just based on the fact that you got RSD I don't think will work. It's so frustrating and my heart goes out to you. But it can't hurt to have a consultation with a reputable attorney and get his/her opinion.

Gabbycakes
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