jury verdict

Forum for parents of injured who are seeking information from other parents or people living with the injury. All welcome
Master DIVER TOM
Posts: 759
Joined: Tue May 05, 2009 11:51 am

Re: jury verdict

Post by Master DIVER TOM »

Hi ,
To find a lawyer today is tough to do that will do any case on contingence :roll:
I found it very hard to find one for a discrimination case I had.
If a lawyer does not take your case that does not, mean you dont have a case , they just can not take alot on Contingence, That what I found in my Quest to find a lawyer that would take on a Contingency case.
I am glad , Ken does what he does , in the 50s there was no treatment or advocacy back then. It still going to be a quest to find a lawyer to take on a case of these injuries :shock:
I know we will never ever give up are tenasity to overcome to adapt or trying to get answers from the court,
I wish I never had to go to court , But I did :shock: :roll: ;)
Post , Quest , and enduring do come with quest with these injuries, Tenacity is a side affect ;) :D
Hope This Helps????? :roll:
Tom
User avatar
richinma2005
Posts: 861
Joined: Thu Sep 29, 2005 12:00 pm
Injury Description, Date, extent, surgical intervention etc: Daughter Kailyn ROBPI, June 14, 1997.
Surgery with Dr Waters (BCH), April 1999 and in February 2012
2 more daughters, Julia (1999), Sarah(2002) born Cesarean.

Re: jury verdict

Post by richinma2005 »

Keep fighting the good fight Ken. I appreciate how much you have done for the BPI community and the continued support for UBPN's mission. Most people don't know how much you have given back to the community, your time, organization of non-ubpn events, contribution to UBPN events and sponsorship during fundraising events--because you have never asked for public recognition-even when offered.

So congratulations on the important verdict-one that negated the "junk science" mothers forces of labor, which has continued to plague families seeking justice. As more and more of these cases do get heard and as juries become more educated about the required forces to cause this injury-hopefully we will see more training in the hospitals-and less injuries.

Thanks Ken,

Rich Looby
President UBPN
JessicasMom
Posts: 214
Joined: Thu Sep 18, 2003 4:59 pm
Injury Description, Date, extent, surgical intervention etc: 10 year old Jessica born on 9/6/03 with a LOBPI.
Mostly recovered, no surgery, still has remaining functional deficits
including no active external rotation.
Location: The Woodlands, TX

Re: jury verdict

Post by JessicasMom »

Ken,

I can certainly appreciate that not every case is a winner, but regardless of whether you feel certain this case will bring a million dollar plus verdict, you need to be able to respond to DOZENS of emails to let someone know their case is not strong, or even better, just let them know that you are not interested instead of telling them on multiple occasions that you were having "experts review her records", or that you were "definitely interested". What you do not understand is that this is VERY emotional for us, it is not a business, this is about our children! Personally, when I can get together the mental energy that is needed to prepare everything, photocopy and send records, and explain all of the details (and basically relive the event), it is very difficult! I believed what you said and did not want to make a string of phone calls to many lawyers to repeat this process multiple times when you never said on a single occasion that you were not interested.

Obviously some cases are stronger than others, but being professional means proper communication and not misleading statements and stringing someone along. I believe that regardless of "how good the case is", you should be responding just as quickly to someone with a "slam dunk" winning case as you do to someone with a case that is iffy! It's just being professional, having respect for the people you deal with, and basic good business practices!

Michelle
JessicasMom
Posts: 214
Joined: Thu Sep 18, 2003 4:59 pm
Injury Description, Date, extent, surgical intervention etc: 10 year old Jessica born on 9/6/03 with a LOBPI.
Mostly recovered, no surgery, still has remaining functional deficits
including no active external rotation.
Location: The Woodlands, TX

Re: jury verdict

Post by JessicasMom »

Master DIVER TOM wrote:Hi ,
To find a lawyer today is tough to do that will do any case on contingence :roll:
I found it very hard to find one for a discrimination case I had.
If a lawyer does not take your case that does not, mean you dont have a case , they just can not take alot on Contingence, That what I found in my Quest to find a lawyer that would take on a Contingency case.
I am glad , Ken does what he does , in the 50s there was no treatment or advocacy back then. It still going to be a quest to find a lawyer to take on a case of these injuries :shock:
I know we will never ever give up are tenasity to overcome to adapt or trying to get answers from the court,
I wish I never had to go to court , But I did :shock: :roll: ;)
Post , Quest , and enduring do come with quest with these injuries, Tenacity is a side affect ;) :D
Hope This Helps????? :roll:
Tom
Tom, I agree with you, and I have nothing but respect for the lawyers that help our community fight for the resources to help with future medical needs! My problem is with lawyers that "ambulance chase", and will be nice to someone and mislead them for years (over 2 years to be precise), without ONCE letting them know that they did not think you had a strong case or that they were not interested! I have a problem with lawyers that will not return your phone calls or emails after you have spent over $100 sending them medical records and they have told you repeatedly they were working on your case! Mr. Levine is not the first attorney I contacted (we had one previously and I told him that), but he is the first who was not upfront with his intentions and thoughts about the case.

Fortunately I have now found someone who IS responsive, and direct! I know that my daughter's recovery and lack of surgery make her case more difficult, and so does the lawyer I found, and I can appreciate and respect them when they tell me that! We have been lied and hurt enough through the course of this injury, so when we seek legal help, we should not have to endure this again!

Michelle
Master DIVER TOM
Posts: 759
Joined: Tue May 05, 2009 11:51 am

Re: jury verdict

Post by Master DIVER TOM »

You are absolutely right to about some lawyers to ;) Many times I did find lawyers in my search that strong me along in doing my cases. When I felt this way about a lawyer , I got a new lawyer. period, I needed to move on finding another discrimination lawyer :shock: When my good arm got rip up I had a WC lawyer just like you said but he work on percentage so I could drive my case by record and Got PTD for life not just him getting me to settle my case so he got his money right away :evil: Tick me off to how he Try to have me just settle;) The other types of lawyers are very hard to deal with, In my WC case ended up that because I had to screw up arms I got PTD for life, at verdict . Dealing with Busy lawyers is crazy trying to get phone call back, I talk to the Para legals more that were handing my case and help in located need record for the case. Fact was because they had my case they new more of what was going on than the lawyer I hired :shock: This was true most of the time.
It tough dealing with lawyer and finding one to.
The fact are that if you gather all records that outline your case and show what tool was used in injuring your child at birth by Itemized deliver cost charges It really underlines that it was used in deliver and the use of the tool put it in the doctors hand. It like showing a knife or gun to a jury it has more power than a Doctors option debating a labor issue. I think :roll:
I know ether case I had , the record I could get spook more about what happen, Records you get have more weight than, that expert option it seem. My discrimination case end in a gag order on me.
One thing we all share is, we share in Tenacity in are trys to overcome or adapt ;) If you are in a state of Tenacity than it really hard to be depress because of a will to move forwards and the GUTS to do so :shock: ;) :D
In this world of web sight like ours and the fact that Hospital have no knowledge of these sights are not being accountable is very had to understand. Ether they will just hide the birth injury because of liability or they end up causing emotional harm by not giving out a referral doctor, There is a time eliminate to get needed repairs . There need to be accountability of the hospital
to make sure this stops. It is a huge problem in getting a referral in time :evil: :twisted:
I know full well not having treatment in time means, 62 years latter and there no direction to see a doctor still no matter when it happen, DRive me crazy :shock: What I am aware of, some way some how we all found sights like ours :shock:
Boy that fired me up ;) Lack of direction STILL today, to find a doctor in time is just as bad as dealing with coverage from a insurance company :evil: :twisted: You would think insurance company would hold the hospital account able because of the cost of these injuries :shock:
In general,
Best thing I did in ether case was getting all the record I could get even before I look for a lawyer, No matter how you think a lawyer should know , gathering record I could get help alot so it show so much to the lawyer and the court what prove my case by record itself. I found this true in ether case :shock: ;) It about getting the record and putting it in order, kind of read like a book in time :shock: If a lawyer does not help move on ;) Some lawyers I saw , drove me crazy to , good thing I did not call them back ether ;) I am glad there is lawyers like Ken, Felling mistreated is quite another, in any event finding a lawyer can and is a quest just like trying to get treatment in time. Because it can take years to go to court , you really need to pick a lawyer that just does not minimize your case and effort for you to just settle or even if they will take your case to begin with. To me this is paramount in the quest, I found by my two cases.
Just Thinking :roll:
Tom
Ken. Levine
Posts: 83
Joined: Thu Jan 18, 2007 10:12 pm

Re: jury verdict

Post by Ken. Levine »

Michelle,

I wish you the best with your new lawyer. I hope that he/she can help you with the case. As I have explained, we are very careful about the cases we can accept. We have to be as each case we do accept requires an investment by my firm of $75,000-$100,000 in up front costs with no guaranty of return. As many in the brachial plexus community know, cases do not always win. In those situations my firm loses the costs we have invested and does get any legal fee. Certainly you understand that no law firm or business could survive losing money. It is for that reason we are careful. Also, my firm is small and I personally am involved in every brachial plexus case we accept. There is just so much I can do. I assure you that I appreciate that this is more than a business. I am profoundly affected by every child we represent. It is for that reason that we do offer our financial support to the brachial plexus community to assist families we do not represent or know. Also, you have no idea of my personal story or why I became involved with brachial plexus cases years ago. If you did it may change your view.

I do not intend to go back and forth on this. This will be my last note on the subject. I am sorry we could take your case. We are not going to agree on why and how and when we communicated with you. I suggest if you have more to say in the subject you address your comments to me directly at my office. I have served my clients quote well for more than 32 years and I intend to continue to provide the best representation to clients in the future,. The substantial jury verdicts and settlements my firm has been able to achieve for children who have suffered brachial plexus birth injuries speaks for itself.


Again, I wish you all the best.

Ken Levine
Kenneth Levine & Associates, LLC.
32 Kent Street
Brookline, Massachusetts 02445
617-566-2700
617-566-6144 (fax)
Klevine@Klevinelaw.com
http://www.Klevinelaw.com
katep
Posts: 1240
Joined: Mon Mar 29, 2004 3:20 pm

Re: jury verdict

Post by katep »

Ken. Levine wrote:Yes Katep over the years I have offered financial help to families with children who have suffered brachial plexus injuries. I have offered to pay for the cost of traveling to medical visits and yes I have urged people to see the finest brachial plexus surgeons in the world, Drs. Kozin, Waters, Grossman, Price, Park, Bourchel and others. I have also offered to sponsor families who cannot afford to attend the summer UBPN camp. This financial help has been given to clients of mine as well as as families I do not represent. The financial help comes with no strings attached. My firm and I will continue to offer our financial assistance to families in need who cannot afford to travel to medical visits or attend the UBPN camp. I cannot speak to "bounced checks" as I have no idea what you are referring to. My firm is quite financially sound.

There will always be those who are bitter and angry for whatever reason. That I cannot control. I can promise to continue my firms financial support for families of the brachial plexus community in need.

Best to you all,

Ken Levine
Perhaps checking your email from August 6 to September 18, 2004 might jog your memory. Or just do a search for "Regarding your bounced check" in your klevine@klevinelaw.com account. There are numerous correspondences which might help you "remember".

I have no doubt your firm is financially sound. I'm sure all the free advertising you get on this site doesn't hurt, either. Which I do not think should be allowed, but I'm not a Board Member.
User avatar
richinma2005
Posts: 861
Joined: Thu Sep 29, 2005 12:00 pm
Injury Description, Date, extent, surgical intervention etc: Daughter Kailyn ROBPI, June 14, 1997.
Surgery with Dr Waters (BCH), April 1999 and in February 2012
2 more daughters, Julia (1999), Sarah(2002) born Cesarean.

Re: jury verdict

Post by richinma2005 »

This board is for support and not a place to air personal grievances or issues with personal affairs. Please leave the personal correspondence to emails or private messages. I am going to lock this thread, which I haven't had to do in many , many years.

Thank you for your understanding.

rich
president UBPN
Locked