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Wednesday, May 28, 2014

Strange Days Indeed...

The lawsuit took a peculiar turn immediately after Bubba's deposition. Yes, Bubba, you all know him, he's our car mechanic.

As part of our case, our attorney wanted me to provide him with a list of "before and after" witnesses, meaning people who knew us both before the stroke and afterwards and would be willing to testify to how the stroke has changed both Bob, physically, and our lives in general.

Bubba was the first of our "before and after" witnesses to be deposed by The Defense.

Now a big part of The Defense's case revolves around trying to paint a picture of Bob as being already "severely disabled" prior to the stroke. Which, of course, is complete BS. I mean, yes, Bob was on Social Security Disability prior to this, no one is lying about that, and because of his neuropathy, he could not handle a full-time job, BUT he was certainly able to walk, talk, eat, do things, etc. And he certainly was NOT paralyzed or wheelchair/bedbound, needing assistance with everything, as he is now. The Defense has been trying to "prove" Bob was that severely disabled, mainly through testimony of a few idiot doctors who can't seem to recall Bob at all, prior to the stroke....

Bubba's testimony revolved around the last time that Bob took The Green Machine up to Bubba's place, which was approximately two weeks prior to the stroke. At that time, Bob had been tuning up the car, but was having difficulty removing one of the spark plugs and wanted Bubba's assistance. That spark plug was in a difficult place to reach, a special mechanic's tool was needed to get at it.

After Bubba's deposition, The Defense immediately canceled my sister's deposition, which was scheduled for the same afternoon, telling us they had a "house emergency".  Then they canceled our other two "before and after" witnesses, and they canceled five physical therapists and several doctors who were scheduled to be deposed.

Yesterday, three attorneys from The Defense met with our attorney. They said would like to "resolve" our case without going to trial. We are scheduled for mediation this Friday.

Wish us luck!



12 comments:

oc1dean said...

They know they will lose if it goes to trial, keep pushing for the max. Your lawyer will know what to do.

Anonymous said...

Smiling here at the turn of events. Looks like the defense was catching minnows when you and your attorney had the whopper bass that loves to eat minnows. I knew in the end, all would work out, it was just a matter of time. I suspect however, they will still try to low ball the settlement offer. Stay strong.

See messages on DS I sent you.

Hugs & prayers, Dan

Mike Furr said...

You don't need luck you just need people to do the right thing and maybe they will.

Susan & Dahn said...

Wishing you the best of luck!!!


Barbara Lambert said...

So happy for this! Hope this goes well! My offer still stands, as per my email last week, but if this goes well, probably my offer is superfluous. Good luck!

J.L. Murphey said...

WTG!
Knew all along that the hospital would settle, but it ain't over yet. There may be months of dickering back and forth about the final figure that is agreeable to all parties...let the wheel and deal begin.

On the other hand, they(the hospital) may agree to the first figure and consider themselves lucky.

Anonymous said...

Sounds like they got a clear view of the bottom of their bag, and didn't like what they saw. Sending strength from Iowa.

Anonymous said...

Sounds like they got a clear view of the bottom of their bag, and didn't like what they saw. Sending strength from Iowa.

Jenn said...

Wow! I'm with Dan. Hang in there. Something I read recently in AARP magazine stated the cap on medical lawsuits has been removed in your state. Stay strong with your settlement amount. Stay STRONG.
Love ya bunches!

Anonymous said...

Praying for a wonderful outcome! So you can get all the help you need.....
Alice

Barb Polan said...

Yes, yes, yes!! This is what SHOULD have happened earlier. Please don't settle early, thinking that the offer is a huge amount; you and Bob deserve as much as they have plus more.

Anonymous said...

Wishing you all the best on Friday!! It's all looking very positive. Yay, finally!!

Janet H.