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.

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?????

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

My head hurts, gonna go lie down.