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    Milking it for all it's worth

    Getting a SCI sucks, no debate on that. But at times I have to wonder...

    http://abc7chicago.com/trial-begins-...apsed/2311960/

    $22 Million was offered by the city. That was insufficient so the suit went to trial. Testimony included: "David Darden says despite dozens of medications she often wakes in pain during the night at least twice a week. He testified knows about those moments when she is "sometimes crying out in pain." Tierney is expected to testify, possibly on Wednesday. With her medical conditions, the family described sometimes Tierney is in too much pain to get out of bed.



    I might know a thing or two about T level SCI, come on now. This is getting a bit ridiculous. I guess when $22 Million is not enough, you have to pile on the BS for a bigger jackpot.

    But wait...it gets better:

    http://www.dailyherald.com/article/2...ews/160319526/

    Custom aesthetically pleasing concrete work, motorized kitchen accessories, in-home elevators. Must be nice. Heck, my SCI resulted in me having to purchase of $8K outdoor electric lift in the back yard, and a Home Depot wall mount bathroom sink, installed by me. Sure is nice getting a ton of this kind of stuff donated. Just be careful around the beneficiary... "Tierney Darden visited the house in October, but not since then out of concern that dirt from construction debris would be detrimental to her health". I think I detect a hint of the mindset involved.

    Yeah, you could say I'm somewhat jealous in making these observations. But when as a tax payer $22 Million is not enough for these folks, and they apparently want more, I gotta question this. Yeah, it sucks for her, but I think there should be some sort of limit to the greed, and I think greed is an appropriate term for what is going on here. I'd love to be on that jury.

    #2
    Well, in my state, the most you can get for "pain and suffering" is $250,000. There is no limit though on costs related to the disability or loss of income...which is why a good life care plan is needed. The life care plan looks at predicted current and future medical care and disability related expenses information. An economist will also weigh in on this (for inflation prediction) and also for the information about loss of future income.

    In most cases, a life care plan is complete by both sides (plaintiff and defense) and presented to the judge/jury. The life care planner must be able to justify each part of the life care plan. I have done life care planning in the past (both plaintiff and defense) and often had to point out errors or exaggerations in the life care plans of the opposing side. I would assume that the City of Chicago's attorney in this case is doing the same.

    (and there is no way you would get on the jury as a person with a SCI yourself.)

    (KLD)
    The SCI-Nurses are advanced practice nurses specializing in SCI/D care. They are available to answer questions, provide education, and make suggestions which you should always discuss with your physician/primary health care provider before implementing. Medical diagnosis is not provided, nor do the SCI-Nurses provide nursing or medical care through their responses on the CareCure forums.

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      #3
      They seriously turned down a $22,000,000 settlement?!?!? Wow.

      I too had a lot of help when I was hurt. A big deck , 3 entrance ramps, 2 bathrooms, and a 6 car driveway were all done by volunteers, with local businesses donating all the materials, while I was doing my inpatient rehab. I was shocked and amazed at the support system that engulfed me those first few months.

      But $22,000,000 not being "enough"?!?!?! That's 10x my settlement and I was (and still am) darned appreciative.

      Maybe I sold myself short?
      "I have great faith in fools; self-confidence my friends call it." - Edgar Allen Poe

      "If you only know your side of an issue, you know nothing." -John Stuart Mill, On Liberty

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        #4
        Paid extra for my condo blueprint to be changed with less materials!!! Paid by money I earned. No parental help, no volunteers - nothing.

        If she's anxious to pursue a treatment or possible cure, it doesn't seem all that much.
        Roses are red. Tacos are enjoyable. Don't blame immigrants, because you're unemployable.

        T-11 Flaccid Paraplegic due to TM July 1985 @ age 12

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          #5
          I love to disagree with Andy at every chance, but 22mil, yeah... thats crazy.

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            #6
            I agree about the amount being too high. I would not be at all surprised to find that this young woman is being told to try to appear to be more disabled by her pain (and other disabilities) than is the case. It would not be the first time I have heard from victims that their attorney told them to do this while trying to get a bigger settlement or judgement. Remember that in cases such as this the attorney typically gets 1/3 of the settlement.

            (KLD)
            The SCI-Nurses are advanced practice nurses specializing in SCI/D care. They are available to answer questions, provide education, and make suggestions which you should always discuss with your physician/primary health care provider before implementing. Medical diagnosis is not provided, nor do the SCI-Nurses provide nursing or medical care through their responses on the CareCure forums.

            Comment


              #7
              She'll fix this once she's elected Governor of Illinois...

              https://www.texastribune.org/2013/08...and-fair-play/
              https://www.texastribune.org/2017/05...e-tort-reform/

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                #8
                Lawyers gotta eat also!

                I got to thinking, I need to sue! While suing myself would not result in much windfall action, having my bike wreck in one of the nation's top 100 wealthiest towns opens the doors to some lucrative possibilities. Let's see...they provided an attractive nuisance in the form of an interesting roadway for motorcyclists, and were negligent in not providing adequate police patrols to curtail people like me making said roadway their personal racetrack. Then there was the issue of the guardrail intentionally placed so as to maximize injuries upon people who would impact it. Framed this way, I am sure I could get a metro Chicago area jury to rule in my favor. I probably could roll into the courtroom in a neck brace and with oxygen tank for added effect. I gotta call this girls lawyer...

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                  #9
                  Honestly - cannot make this stuff up - a quadriplegic here in Ontario tried to sue our city because he dove and broke his neck in a lake. The sign was there that said 'NO DIVING.' He still tried. Lost.
                  Roses are red. Tacos are enjoyable. Don't blame immigrants, because you're unemployable.

                  T-11 Flaccid Paraplegic due to TM July 1985 @ age 12

                  Comment


                    #10
                    I was involved once in a case where a middle-aged man drove his motorcycle too wide around a sharp turn on a rural (state) road head on into a truck. Sustained a T4 complete injury and a TBI. Sued the state saying that the signage did not indicate that the turn was that sharp. Lots of testimony by experts on motorcycles and highway safety and design. Final judgment was for $9 million, but jury determined also that the man was 90% responsible for the accident (driving too fast, not maintaining control, etc.) and that the state was only 10% negligent, so he got "only" $900,000, of which his attorney took 1/3 ($300,000).

                    I also did a case one time where the person was a repeat bank robber, and was shot in the back by police in the act of robbing his 10th bank. Sued the police because they shot an unarmed man!!! Amazingly, the city settled for a fairly small amount rather than go through a trial. He lost the case, and also ended up in prison.

                    You can sue for pretty much anything...winning is something else.

                    (KLD)
                    The SCI-Nurses are advanced practice nurses specializing in SCI/D care. They are available to answer questions, provide education, and make suggestions which you should always discuss with your physician/primary health care provider before implementing. Medical diagnosis is not provided, nor do the SCI-Nurses provide nursing or medical care through their responses on the CareCure forums.

                    Comment


                      #11
                      I ran a stop sign and then collided with a passing car. The stop sign was covered by tree limbs but I/we never sued. I myself was sued by the people I hit. Despite being treated and released at the scene, they tried to get $500,000 from me. Eventually our insurance settled with them for $35,000 and a new truck.

                      They trimmed the tree limbs from the stop sign the next day.

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                        #12
                        Turned down 22 million? That is f'n insane!! It took me 2 years to get a sliver of that and was happy that i got anything.

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                          #13
                          This culture of settlements versus non-settlements in paralysis really creates quite the chasm of the haves and have nots. The entire system stinks of automatically putting people in certain classes, determining recovery and acceptance (a helluva lot easier when you don't have to work for your money) and probably influences happiness post-injury as well.

                          It's not right .. but I don't have an answer.
                          Roses are red. Tacos are enjoyable. Don't blame immigrants, because you're unemployable.

                          T-11 Flaccid Paraplegic due to TM July 1985 @ age 12

                          Comment


                            #14
                            When I was injured in high school in 1954 one could only sue a school system if you were given permission by the state. lol However, I do not believe anyone was at fault. I did life care plans for several years here in SC because people like SCIs were only getting settlements of one or two hundred thousand $ because attorneys did not have a clue about related costs. 20 years ago typical settlements in cases I worked on were in the 3-5 million $ range, with a $500,000 limit on pain and suffering. When you factor in lost income with health care costs and inflation it quickly adds up. I did have a federal case that was settled for $20 million. It was for a botched baby delivery that resulted in an infant with a strong beating heart and little or no brain function. The settlement was based on the fact that there are documented cases of some of these infants living more than 50 years with 24/7 care.

                            My post injury bills got paid by a 2nd mortgage on the family farm and good ole Pennsylvania Voc Rehab. Back then once i got picked up for services they even paid my hospital bills until I became employed.
                            You will find a guide to preserving shoulder function @
                            http://www.rstce.pitt.edu/RSTCE_Reso...imb_Injury.pdf

                            See my personal webpage @
                            http://cccforum55.freehostia.com/

                            Comment


                              #15
                              Were these settlements paid out as lump sums or structured settlements?

                              J.G. Wentworth

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