I just wondered if any of you were going to the county courthouses in the city/county where you are considering getting your surgeries to see if there are any pending lawsuits. After Jordan hurt me with Botox I was able to get to the SAnta Monica Courthouse, as he was in Santa Monica then and found one gal who claimed Jordan had partially severed her nerve with his injection. She wrote her own lawsuit and was looking for an attorney. Her shoulder was actually wasting away she told me and no one at Cedars, or anywhere could help her. She finally found a neurosurgeon who did fix the nerve and she was both lucky and grateful. But, she told me when she went back to Jordan's office upset about the injection damage--he yelled at her to GET OUT--and that it couldn't be--or something to that effect-- I was able to call her and talk because the courthouse listed the plaintiffs phone # and address. I wonder if she ever finished that lawsuit--or was just so greatful to be fixed with some remaining atrophy that she left it alone. Since then, and before I've always tried to get to the courthouse before undergoing a surgery--I have often called plaintiffs about their feelings about their surgery and the character of the surgeon. I've learned a lot this way. Just wondered if anyone else does this.--Note that in California it is very hard to find attornies for medical Malpractice because there is a CAp on the amount you can claim for pain and suffering--so there might be fewer lawsuits than in other states. Sometimes people, like this woman tho--will write their own. It is a way to save the statute of limitations which is ONE year while you look for legal help. I think TOS surgeries will be flooding the courts in next 5 years. That is my prediction--wonder if lawsuit is reason UCLA and UCSF are saying they no longer do neurogenic TOS?? I know there was one suicide--but I don't know details. --For those who had good outcomes, God Bless you--but don't forget those of us--I believe far more than 50% who are worse after TOS surgery. Thanks--also those same doctors one may be exclaiming about how wonderful the surgeon is---- he likely has another patient who has lost almost everything and living in terrible PAIN-or another one who is getting one re-do after another until they have full on RSD even with sympathectomies. It is the nature of the beast with these surgeries. % outcome is NOT in our favor.
Best. Triste

triste, just on a QT from past experiance of a law suits, watch what you put on the Internet. Don't put anything you would not want to be presented to a jury by opositions attorney's. Watch who may correspond to you digging for information acting like a friend, they may not be....

Civil suits are ugly and stoop to all kind of lows. If you want to find the information go to the courthouses where filed, but most times as terms of settlement, as in my civil matter the conditions are sealed. You will never know the party was sued.

I think in your situation you should contact an attorney, keep looking for one to tell you your options and let a professional give you advice. A person that files their own suit against insurance carriers that have millions to protect their interst is in for a battle. In my case my attorney had to file multiple brief's, cite case law, filed several motions and particulars, also I think it was called allecutions or allgatories, which had all my doctors treatments, and medications, past jobs. My attorney spent hundreds of dollars on West Law looking for cases to cite, he had a file that fit several file boxes and lasted 4 years. They will pay the best doctors to say that the injury was not caused by their doctor.

My current car accident suit is now going to be 7 years since my injury, 6 in litigation.....
I wish you luck
Dianne
Di

DiMarie--Thanks for tip and info. Too bad they get sealed as you say--tho malpractice awards MUST , or are supposed to be listed on the State Licensing Boards website when you look up a surgeon/doctor. Our's in CA is the California Medical Board--but nothing get's listed for pending actions I don't think. Just settled cases. I'm not worried about speaking the truth here DiMarie or to anyone who writes to me. I try to stay off puter mostly--but I'm so hopeless about my situation and how far I've deteriorated now that I feel it is my purpose to tell what happened to me, in hopes that it won't keep happening to others, or happen as badly as it happened to me. I should NEVER have started down any surgery path in the front of the neck and Dr. Nath should have evaluated me better to really determine what was going on, as should have Ahn, Jordan, Avery and all the rest. NOw there is so little hope of any quality of life left for long. triste.

Just want to back up my prior post by showing folks what I am dealing with now. my website with photos is www.sonic.net/bjj I don't have a recent picture of last or this year up there but I hope to soon. These were all taken as they are dated after Dr. Avery's TOS surgery front approach with a rib resection that I didn't want. I think he took ALL my scalene muscles out front, most of middle and posterior. And he cut out first rib all the way. Phrenic nerve paralyzed, LTN paralyzed, and more damage, I asked him NOT to take the rib or posterior scalene,but there you have it. I feel like he took out way too much of my neck--and I've been told that as well by another thoracic surgeon who says the whole area will collapse. Neurosurgeons look at me AGHAST!!! That is exactly what has been happening day by day. And even airway collapses off an on now... I NEVER was better at ALL only worse from Dr. Avery's damage. I believe what he did will end my life. Triste

Hi Their,
I am so sorry for what you are going thru. I had a winging scapula, but mine was corrected with surgery. I also came up with Nerve, Vascular and vein involvement.

I got 3 opinions who all said surgery. I just kept getting worse not having it. I was also a high risk for blood clots. I am doing better because of surgery. I hope things get better for you. Hugs, Roz

I too am very sorry for what you are going through. I saw all three Denver Doc's (who all reccomended surgery) before letting someone do the surgery. I was given the odds---the worst of which was a flat out--"You could die". I have had two surgeries. The first was removal of the first rib and anterior scalene. I had immediate improvement, unfortunately scar tissue took over and I needed a re-do a year later. I tried Botox before resorting to surgery again, but I got limited improvement from it. They then removed my middle scalene and a mess of scar tissue. My surgeon was worried about how my neck would appear minus both scalenes so he took a fat pad from somewhere else in my body and placed it over the area--and I have a pretty normal appearance. The second surgery was far more painful and didn't solve my problems, but did make some aspects better. I have been in physical therapy for over 3 years--and I refuse to give up hope of getting better. My surgeon told me that I will never be cured before he ever layed a scalpel on me. He has been nothing but honest.

I think that a lot of the problems we face are because TOS is not a well known condition and is comonly mis-diagnosed. I like many others hear have done abundant research on TOS. It saddens me that you and others here have to resort to lawsuits--whether it is for malpractice, workman's comp., auto accidents, or any other situation. I had my day in court--and I found out that there is nothing about "The truth-the whole truth-and nothing but the truth" that actually involves the truth. It's all about who can hire the best attorney--and live through the battle. Attorney's do not have to tell the truth in court--they are not under oath. Insurance companies can afford better attorneys than anyone, and they know how to play the game. They twist words--and in my case--flat out lie in court. The will do everything they can to make your life misserable. Jurys are not the kindest folks either. They are people that can base their verdict on whatever they want to as they do not have to follow the law. They are free to judge you by what you look like, how much money you have, what kind of house you live in, and by the way you laugh or cry. You think that you are suffering from what the doctors did to you--just wait. The stress is horrible--and stress is not good for TOS. Please ---make sure that you interview several lawyers before committing to one. Go through all of your past medical history and be prepared for them to twist it into a line of pre-existing conditions.

I appologize for this being so long--and I will climb down off of my soapbox now. I don't want to see anyone else get screwed by the system like I did.
I am not saying that all attorneys are bad either--so I appologize if I have offended any of the honest ones!

That's was very informing....thank you for being so honest. I filed a WC case 3 years ago, had neck surgery 1 year ago and still have to deal with TOS surgery...but to this point I still have not hired an attorney. It seems easier to do my own research, so far they haven't denied anything and I have had only the best care, one test after another. I refuse to go by someones opinion. Give me a test, EMG's whatever. Confirm everything, no guessing.
May I ask a few questions?

Who did your surgery?

If you had to do it over would still hire an attorney?

Are you working now? if so what do you for a living now?

Thanks

My surgeries were done by Dr. Brantigan. I respect him highly, and I know that he has always been honest with me.

I would not have filed a lawsuit if I had known that my regular health insurance would have had to pick up the tab for my medical care after my PIP coverage ran out. I was approaching the PIP limit and I needed another TOS surgery which costs around $50,000.00. I asked my attorney about this--and never got a straight answer. Unfortunately, I didn't know anything about lawyers or going to court--so I went with the attorney recommended to me by a friend. Needless to say, that person is no longer my friend as the lawyer didn't do his job very well.

I am amazed to find out how many of us are unaware of how our insurance coverage works. I sure didn't know--Trust me, you find out how the hard way really fast. You think that you are protected--but you are not. Unfortunatly, the court systems are structured to protect the insurance companies--and the people the represent.

I like many here, am handicapped for the rest of my life. I do not work at this time--and I don't think I will ever be able to. My story is tragic--and I would be happy to give details if people would like to PM me. I do not want this to happen to anyone else.

Hi,

MY doc was Doc Brantigan too & I had surgery almost 8 years ago. I'm doing great. He too was very honest from the get go. I thought your doc was him because of the way he is very blunt, doesn't hide anything & tells it like it is. On the consent form he often writes, "might not work" so the patient CLEALRY knows going into it what the stats are. He never says anyone will be cured & for some it will or will not make their quality of life better, great or at least able to function at some level.

But surgery is not always the same for all. The same surgery can be a good result post-op or not depending on how the patient heals with or with out adhesions forming. Some grow more then others and faster too.

No kind of surgery is without risks. One has to do their homework on docs and make sure they get the best there is for TOS surgery. Doc B does many re-dos that other docs screwed up, but sometimes even the best docs can't fix what others have messed up.

I just wanted to add to this very informative thread --thanks for the legal info--which I am not promoting either other than a way of stopping the bad doctors...... but just to add that even Dr. Brantigan who several here like has to RE=DO his own surgeries. Just want to be sure folks understand you right. That even the surgeon who several here seem to like has done many RE-DOs on his own surgeries. That is the nature of the beast with these. I'm glad you are better BetterToser--and I hope you stay that way. The more surgeries one has--the worse I have always seen and heard about it. Tho maybe sometimes one gets lucky.
I saw a doctor today--yes, on Sat, who told me my situation is the WORST surgical Case he had EVER seen. He told me TOO much of my Neck was removed and there is nothing now to protect the important neck structures. I told him I'm still getting worse and he said that is because I haven't gone down as far as the injury is going to take me yet. God forbid---how far that is--but I think I know. He was very blunt--and then he told me to try to stay hopeful. I knew he was just trying to be kind. If anyone wants to help me write to OPRAH I would appreciate it. I'd like to go on as the woman with "half a neck". I figure with some name like that she might be interested--and it is TRUE. I could raise the awareness of TOS and maybe get a special mechanical air bed from some kind donor and maybe even find some clinic to extend my life. But, mostly to raise the awareness of this condition and the CARE that must be taken if treating it surgically. Anyone able to help me send a request with my website link would be appreciated greatly?? www.sonic.net/bjj Thank you. Triste