Three Years and Four months ago....Izzy

[Izzy_*now*]

Hi Gang,

Just stopping by with no new news.

I was thinking about my case and if it might be settled out of court, this Fall or go to Court next Spring.

I know, in Court, I have to behave myself, but I’ve been thing about things to say and one was if I’m asked what are my complaints?, … in essence, I would ask, “Do you want them in order of severity of alphabetically?”

Therefore, since I cannot behave, I want to settle out of Court, but the hold-up is obtaining therapy for the rest of m life, i.e. 14 years I’ll be 87. At the current rate that I pay Karla that comes to $90,000.00.

Well my mother, being in a wheelchair and having had no therapy, ended up in a “fixed seated position“, even when lying in bed, so how was she straightened for the casket?

I expect a sledgehammer or maybe a Skil saw, and I’ll be screaming from Hell if they cut off my legs to fit me into a pine box.

Medical records I read this past Spring, prove that I slept with my eyes open when I was having the hallucinatory dreams, but I found out more. The tremors from the roadside wasn’t passed on to surgery, so when | was marinated in morphine, etc, and going into the shakes and trembles and face twitching, it was all  noted as my not acting appropriately, was obnoxious, was paranoid, was hallucinating,  so took away my diazepam that I had been taking for 39 years, so I went into convulsions (It’s addictive and for my muscle spasms from the 1969 accident.) They put me back on them and ran me through “ethanol ‘alcohol’ addiction protocol, 1 day, since I was using lewd language I was put on medication for tourette syndrome, and since I| was so pleasant in my waking hours, I was put on medication for schizophrenia.  I punched a nurse in the eye and upset the IV stand, poked a hole in the hose and drained on the floor. I kept saying I wanted to get out of there as “ they were trying to kill me” and those were from my dreams that I remember almost as well as when they happened, yet cannot remember what I dreamed last night.

I suspect this does not look good for my own family Doctor, the one who I cannot seem to get rid of, as I would expect that he would read the case notes when he came in the see me. I see in his reports, he received $33.76 for every time he stopped by to say Hello. He could have stopped all of the above…but I’m not saying anything, because he could find a way to cover his trail.

Our of Court, no publicity

From Court, Front Pager News  and an eternal record in the personal injury records!

Can you imagine? 3 years and 4 months and all my days and night are mixed up yet the same.

Good Luck to all of you.

XXOO
Izzy

[Hopalong]

Ohhh Izz. I so wish for a good outcome (or at least a safe one) for you.

Does your attorney think court or settlement is better?

All that withdrawal craziness really sounds MEDICAL to me--do they not see it that way?

If you speak, speak honestly about how you were raised (in case you detect raised eyebrows).
Tell them you don't mean to be "bad" in your speech, but you have an edge you can't help showing and it's from a long time of struggle with pain of many kinds.

(Don't take my advice if the lawyer thinks it's wrong.)

MUCH love and please check back, tell us your decisions...

Wishing you a gentle night, less pain, good sleep...

with love to you,
Hops

[lighter]

Izzy:

Is all this trouble over $90,000.00 in ongoing physical therapy costs the Insurance Company doesn't want to pay?

First the Insurance Company makes sure you get "managed" care, which isn't necessarily in your best interest, and just exactly what are they saying would be a fair settlement, in their opinion?

All these years, and still no outcome.  ::shaking head::

Here you are, perservering in the face of extraordinary circumstances, expected to be cheery, and "approriate" in court, when you've been jacked around so hard nobody in that courtroom could remain civil in your shoes.

No Body.

I think you'd be out of your mind if you did.... you wouldn't be normal.

I want to get this in, before I forget...... you can spew all you need to your attorney and to Karla.  Get it all off your chest.... well, maybe most of it can go to Karla.  Attorneys are funny creatures.

When you get to trial, I trust you could be plenty appropriate enough to get through it, and perhaps your spunk would actually work for you?  No one in that courtroom can put themselves in your shoes and not see who you are, Izz.

You're still one of my heros.

Lighter

[Izzy_*now*]

Hi Hops ad Lighter

Thank you.

As far a court goes, I’ll be nervous, therefore polite. Was just teasing.

This began as a broken leg and turned into more because of many stupid mistakes in the part of the Insurance company’s take on it, and because of the medical goof-ups.

Two offers from the Insurance Company included Future Care, one $5K and the next, after the Examination For Discovery, was $15K…no where close to $90K. At the ExFD, my lawyer made sure I did not mention the names of the specialists he had hired, as follows. (A billion dollar company could get in and bribe the results!)

My lawyer is good and takes everything about this case as personally as do I. He has requested 3 Reports, one of each of the Physical Therapist who designed my exercise program, a Dental Specialist regarding my damaged teeth, from the tremors, and a Physiatrist, who knows spines, etc, about the cause of the tremors. All reports are issued as though they would be their statements in court.

The PT’s is in (7 pages) and he recommends continued therapy. The other two are slow but surely must be coming soon. Nevertheless, regarding my teeth, I have before and after pictures---one being my two top front teeth, one of which is a Crown (from my tooth being broken off when I was 7) The Crown is tilted, top out bottom in and the other front tooth now overlaps it. My overbite changed from 30% to 60%.

I have pictures of me on crutches (stand alone), a couple more of just standing without crutches and hanging onto something with one hand….but it had to be like a house or a car, something I wouldn’t pull over….proof of good balance and strong legs.

Not now though. Now my left leg is 1½ inches shorter than before so I don’t have the same balance and my ankle could not handle a built up shoe, as it, the ankle, would turn over and break………plus I don’t want to walk at my age!!!! I'm still 5' 10' on one side... a long way to fall down and break something else!

When I am awaiting something, so is my lawyer, so I don’t bug him. He will tell me when all reports are in. Until then, the Insurance Company does not know everything that we know, and could very well NOT want this publicized in a court case.

I have paid Karla for 2 years now from my own pocket. That falls under Special Expenses and all must be refunded to me... i.e. meds and a wheelchair I bought.

... AND Karla is a good person to whom to spew, as she has been through this, when a car hit her while she was cycling--the pain, the frustration and the legal,

I can still drive, the only equalizer left.

Xxoo
Izzy

[lighter]

Ahhhh, Lordy, Izz.

The insurance company wanted to give you 5K?

Hmmmm......

after their insured ran you over in your wheelchair with his car.....



causing you to lose the ball of your femur, bc of poor medical treatment, and lack of care, along with excruciating pain, and the side effects of withdrawls bc of poor med management, loss of mobility and strength, dental problems arising from this accident, the insult of having insurance people dictate your treatment, and the injury of incompetent doctors providing it.......

for 4 years now.

::shaking head::.....

You'll never  be restored to the overtly handicapped, but relatively stable and pain free status you enjoyed before this accident, but you're willing to accept ongoing PT with Karla to help you manage the damage that's been done to you.....

and the insurance company wants to leave you hanging with nothing, and that makes sense to them?

Honestly, I think your case would be interesting for a local news station to pick up.  You're an interesting character, Izz.  You were a beautiful young single mother who refused a drunk's advances, and he crashed his car with devastating consequences for you, and your child. 

Somehow, you perservered.

You get to a point where you're living a self sufficient life, employed, caring for your child.... she grows up.... you continue to work and care for yourself, enjoying songwriting, and the self reflection of someone who was raised in a very abusive home, then WHAMO!

Lightening strikes yet again, and here's Izzy, lovely, resilient, the intestinal fortitude of a dragon, and you're willing to settle for ongoing PT with Karla at 90K for life, bc you're not greedy, you just want what you need.  You don't have any expectations of being as healthy or whole as you were, just OK, and they say No.

Now you have the misery of wondering if you'll have to go public with your story, and I think you've been a fairly private person all your life if I don't have this wrong, and that's more insult and injury heaped on insult and injury, IMO. 

It's the insurance company making Izzy dance, monkey dance.

BTW.... I think your music hook would be something to include in a warm fuzzy human interest piece about our Miss Izzy, and her indomitable spirit that's carried her through everything our Miss Izz has survived.  You are a survivor.  You are interesting.  You have a right to Karla's care, and I hope the Insurance Company doesn't get to beat you out of the very least they should do, and that's all I have to say about that right now.

Lighter

[Izzy_*now*]

Hey lighter,

You have me here in a nutshell!

To make it more clear, I was offered an amount PLUS $5K future Care, then another amount, PLUS $15K Future Care.

Nevertheless, for what I have gone through, I want a decent amount for Loss, Pain and Suffering (General Damages), to be refunded every dime I spent on this when the Insurance Company felt they had finished with me (Special Damages) and at least $90,000.00 to pay for therapy for my lifetime (Future Care.)

If I live 10 years longer than expected then my General Damages would come into play and the special Damages was money I already had on hand before this accident.

For an able bodied person suing for a broken leg, and then who is walking normally in 6 months, $25,000.00. I have no hip now.

I’ve been reading records of awards and a quadriplegic, in Court, was awarded, $150,000.00 Future Care, Plus General Damages and he was the cause of his own accident.

I read of a woman who didn’t want to go to Court, as her injuries left her incontinent. She was going to settle for about $125,000.00, but went to Court and was awarded $400,000.00

I gather from that, that Court is where all the truth can come out, but I still hope to settle out of Court---yet in court I can “ blow the lid”  off the misuse of drugs on me--did things I don’t even remember---, can testify that my broken leg was treated as just that and the funding for Home Care (14 months) and Therapy 7½ months) was cut , with time out for 2 more surgeries, because \I wasn’t progressing as a broken leg should.

The Insurance company’s goal was to have me living alone and independent as before…well I didn’t drive for 2 years, no way am I as independent as before. I can do my chores, but it is painful, and I won’t even sweep my balcony, because it will  mean I have “ moved on” re the Case, but I haven’t.

I was out yesterday in the car and noticed a particular pain in my ‘sit down’ bone. Now I know why there is a pain there when I slide off instead of lift myself off the bed to the chair. I also noticed in the Medical Records that there appears to be a previous break in my hip!! NO WAY!! It is possible I had a hairline fracture and  it was overlooked….but would it heal pain free? Need advice from the x-ray!

I want to mention it to my lawyer , so am gong to search for that item now in the Records.

After the first accident, I worked for a couple of year then stayed home with my D. I volunteered, crocheted, did part time work, taught myself the computer, babysat for 4½ years, wrote music, traveled, and now I am 40  years older and do not want to repeat all that stuff.

I am just hanging in and hanging on, until all this is settled, and in the meantime, something might come to me, and it has to be something that won’t mess up my house, like Collecting Cats!

XXOO
Izzy