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Delaware

MBR - Any update?

You're court date was yesterday or today, right?  How'd it go?

Re: MBR - Any update?

  • Mattsbride10Mattsbride10 member
    100 Comments
    edited December 2011

    Great minds think alike...I was gonna post this same thing.

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  • edited December 2011
    Awww, thnaks for thinking of me :)

    It was today; sorry I didn't post sooner, we got home and I crashed (from that high, you know, the one where you're like "I am going to beat them!").

    It went wonderfully well.  The lawyer said my testimony went fantastic; I stayed cool, calm and collected during the questioning, which took a good while.  I was able to portray several things that needed to be gotten across, including that the other side had already agreed to the diagnosis of RSD and had offered to pay for treatment, and then retracted 2 days before the surgery.  We offered that letter into evidence, and the other attorney was shocked and didn't know what to do, and finally agreed to it (we offered it because the other side's only witness happens to be the only doctor out of 9 or 10 that I have seen total does not think I have RSD...coincidence?).

    Then their witness, the doctor, got up on the stand.  This particular doctor is known both in the medical community and the law community for being a "witness" who says whatever the people paying want him to say.  He's also really old, and not very up to date on the new procedures, devices, findings and articles out there regarding all this.  So he gets up there and starts babbling about the spinal cord stimulator, showing us ancient models and all this crap, and one of the ladies on the board stops him and tells him they have heard him do this enough, he should know this, and they don't need to hear it all again, move on. 

    So then he starts babbling about the treatments I should do that I haven't tried, including accupuncture (which he says "Dr. Chiang is from China, doesn't she know anything about this and doing it as a treatment because they do it over there?" Dr. Chiang is my pain doctor who is double board certified- and not an accupuncturist) and laser therapy (at which my lawyer laughed out loud), and hydrotherapy.  He also says that I am obviously not competent enough to make the decision about a spinal cord stimulator because I am a young woman of child bearing age, and that my doctors haven't given me the correct precautions.  Oh, and he tells the board that I should go in for ketamine infusions (which I have an appointment with the dr who does them in 2012, and its not FDA approved yet).

    Then my lawyer gets to him, and rips his testimony apart.  He asks if he thinks that my doctors are respected and competent, to which the dr responds yes, so my lawyer asks him "well if they are, then why wouldn't they disclose everything to the patient, including risks?  And at the age of 23, an adult in the state's eyes, isn't she old enough to weigh the risks of doing this herself" and then corners him about the other types of treatment and all that, to which the dr kept replying "Uhhh" and "I don't know".  Then the board asked him some questions-"if it's not FDA approved, why would you recommend it to her, and she stated that she has an appointment, but its not for over 2 years, why would you want her in pain for those years" and "why would you recommend hydrotherapy if the patient has said she cannot do water, and explained to us herself how she showers without her ankle being in the water". You could tell the board was frustrated with the dr from the getgo, and he just dug himself into a hole.

    It helped our side that the other attorney was a very young and nervous junior attorney who kept asking questions that solidified our side not theirs, had lots of uhs and ums, and always backed down when my attorney objected.  It worked greatly to our benefit.

    We won't know the board's decision for about 6 weeks, but my lawyer said it couldn't have gone any better.  He has very high hopes for it all, as do FI and I.  If you all could keep me in your prayers for the coming weeks, that would be wonderful, and as soon as I hear something, I will let you all know.  Thanks for the thoughts and prayers girls!
  • may37may37 member
    10 Comments
    edited December 2011
    So happy to hear that everything seems to going well!!!! Will still keep praying for you!
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  • edited December 2011
    Glad everything went well.  Smile
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