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