[beth]

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.

[ocgirl]

{{{{Beth}}}}

[tshadow]

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

[DiMarie]

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

[beth]

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!

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. My kids are growing up - I NEED this settled, so we can have some kind of life. I HATE this!!!

[tshadow]

(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???

[Jomar]

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.

[gibbrn]

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

love and hugs,
Victoria

[Sea Pines 50]

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!)

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'-

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-. 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.


alison
"Be Brave"

[ihtos]

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.
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.