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Opinions on possible surgery, please.

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    Opinions on possible surgery, please.

    I have come to BK through medical reasons.

    We are supposed to file the second week of December.

    I was informed today, by the spine surgeon, that I need to have an experimental device removed and have the spine fused.

    The experimental pharmaceutical company is SUPPOSED to be on the hook for all these things. So far they have paid all the bills except 3k.

    I do not know what the original cost and payment of this experimental surgery was.

    The surgeon wants to operate the first week in December. We would, therefore, file a week later.

    I may have to take a couple grand from my 401(k) as a loan, if I can't scrape up the rest of the deductible.

    Since the pharmaceutical company, legally, is obligated to pay for these procedures, I think we will be in the clear.

    Also, it will discharge, personally, the remaining 3k bill that is still supposed to be paid by that company, which they have dragged their feet on.

    However, the Dr. or hospital may file an AP, since we would file BK a week later.

    This is a long-standing injury that has ruined my life and NEEDS to be taken care of. The timing is either perfect or horrendous.

    Finally, the reason for filing by Dec 14 is that my wife has a judgment that is sscheduled to get ugly that date. She is scheduled for a deposition that would reveal all of our banking information and lay us open for seizure of assets. Not that we have much, but it IS our money for food and survival.

    your thoughts?
    Last edited by DeadManCrawling; 10-22-2009, 04:20 PM. Reason: clarity
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

    #2
    After just a few minutes of thought, this occurrs to me:

    regardless of filing date, the most we would be responsible for is the amount left uncovered by insurance, after deductible. It might be a couple thousand dollars.

    And that would only occur if the pharmaceutical sponsor tries to shirk their duty and we have to pay or make arrangements. We would then sue the company who paid for the experimental surgery, and, my attorney says, win.

    Thoughts welcome, but I think my course is clearly decided. Thank you for reading. Simply writing this on the forum helped clarify the issues at hand.

    best wishes,

    -dmc
    11-20-09-- Filed Chapter 7
    12-23-09-- 341 Meeting-Early Christmas Gift?
    3-9-10--Discharged

    Comment


      #3
      Good for you. Now, about taking ANY MONEY FROM 401K, NO! About suing, if you need to. DW can stall her depo for medical reasons, (your operation). NO Judge will contest this. You have God on your side my friend. I feel it. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment

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