Malpratice Lawsuit

[badgambler]

We are bringing a lawsuit against my infant son's doctor. If any judgement is awarded it is being placed into a trust that he will recieve once he turns 30. The trust will be controlled by a outside party not myself or my wife.

Is this safe from the BK court..

[badgambler]

FYI.. We have not filed yet.. Plan on doing so in July

[Minnymouth]

You need to discuss the options on this with an attorney....
Some lawsuits for injuries are exempt............
Its a touchy situation that only an attorney can counsel you about and how to handle it.
Don't be surprised if he advises you to WAIT until one year after your case is discharged and closed..... to file the suit...
If a statue of imitations is involved, then he would be able to advise you on whether the trustee can go after these funds or not.

If they are put directly into a Trust fund - and you have NO ACCESS to it..........the outcome might be different! May keep the trustee from having access to any rewards from the lawsuit...
Keep us posted.

[badgambler]

As always thank you very much.. We have a SOL of 2 years on medical malpratice in the state of Illinois.

Just dont want to have to lie to the court when they asked if I can sue anyone.. Will without a doubt speak to a attorney further on the matter..

Thanks again

[Minnymouth]

Yeah, bad mistake to lie to the Trustee about a pending lawsuit...... could come back and "haunt" you bad!!! Cause you to get case dismissed quickly............

Let us know what your attorney says.....

If your son is entitled to this lawsuit, the I hope the Court see's fit to see that he keeps it......

Good Luck

[badgambler]

Thanks... Little background.. Son suffered for over a year with (exema) was given Elledel which was never approved for infants and now has been black labeled as cancer causing. No tests were ever run to determine the cause just was told it was common in babies and should clear up by 1 year of age..

At the 12 month appt was given the okay to give him peanut butter.. Well he had a reaction.. Wife called they said bring him in.. 30 minutes away.. When we arrived.. He said it didn't look like a allergy probably just choked on it.. and to try and give it to him in a couple weeks..

Well we didn't care for that advice.. Took him to a allergy doctor who ran some tests.. Turns out.. He is allergic to milk and to peanuts to a far greater degree.. Milk allergy was the cause of his exema.. Put him on soy and his skin cleared up and no more hives.. The peanut allergy is the scary thing.. he could have died on the drive to the hospital. Also there is usually a stronger secondary reaction that can occur up to two hours after exposure which could have caused his death.. Thank god nothing horrible happened..

I still cant believe they gave my son a cancer causing non infant approved medication for exema without ever running a single test or trying anything else.. and then followed that up with "give him peanut butter in two weeks and see how he does" The allergy doctor could not believe it.. We have since gotten his medical records from his doctor.. and there it is in writing.. he actually wrote down what he told us to do..

So now we have our EpiPins all over the house and in the cars. and have to read every label we buy.. The reaction from what we told the allergy doctor was pretty classic sign of a allergic reaction and should not have been ignored..

I am so scared for him.. only 14 months old and this.. My god when he goes to preschool with kids having snacks.. I am gonna be a head case..

[Minnymouth]

Being allergenic myself, I can understand your fears..........

I too have food allerges, milk and peanuts included..... among other things. And yes the peanut allergy is very serious to have...... the reaction is life-threatening at times!!

My milk allergy was discovered as a baby............ the peanut allergy after I was grown and in my 30's.........
I ate peanuts and didn't know.........got very sick, took to hospital etc..... but they never said the peanuts caused it.

Did not find out till I was in my 50's that peanuts could kill me...........

I didn't eat peanuts often just every so often.

Also I am very "chemical sensitive" - things like fabric softner, aerosol cans (sprays), soap powder, colognes, etc. Those send me into "fits of coughing and choking".... when I come into contact with them.
Contact with them have sent me to the hospital in ambulance because my throat swelled shut and couldn't breathe.
We never realized I was allergic to the peanuts till one afternoon after I had been munching down on them......BAD MISTAKE...............

The food allergies I can control, the chemical ones - I CAN'T...... When I come into contact with chemical smells - colognes, soaps, sprays, etc.... the 3rd time I breathe in my throat closes up and its dangerous for me to stay around the odor.... Thus I have to go outside, get away from the source.... till I can breath again. Somehow it is asthma related. Doctors call it an "allergenic pharynix" (can't spell).....

Have dam near choked to death in a checkout line at Walmart, believe me................

Sorry to hear your baby is experiencing these problems. Watch him/her closely, now that you know they have allergies.

Also notice how they react around chemcials and different smells from sprays, candles, colognes, fabric softerneretc. Bath powder or anything with talcum is my worst enemy..... Check them for wheesing..............around these products....

When they go to school EVERYONE MUST KNOW, they cannot eat peanuts or anything with peanuts in it.......
and your gonna have to teach your child that a peanut can make him "very ill"...................

Bad situation and very hard to deal with even as an adult...........

[SinkingFast]

What happened to your child is unfortunate, but.............

Sounds like the doctor was acting in good faith. You pediatrician had what he thought was an otherwise healthy baby.

Babies, you try this. Doesn't work, go back, try something else. They don't come with an instruction manual. Digestive systems are immature. Gag reflexes aren't the same as ours. Etc, etc, etc.

The scripting of the non pediatric approved med,........... Doctor may or may not have had basis for it's use. There may be something in the fine print of the FDA formulary info that allows for its use. I'd have to check to be sure. Hubby's into Pharma research. Sometimes when the ad says "not approved for use in children" there is basis for isolated applications. Maybe your child met the criteria.

We went thru something similar with 2 of our children. Son was allergic to the iron in formula. Took 2-3 months to figure it out. Finally, he could eat without terrible gas, pain, and urping all over everything. Not to mention what happened in the diapers.

Daughter had siezures. She was finally diagnosed and treated for epilepsy even tho she's not epileptic. Something about brain development, blood vessel clusters, I don't remember it all. She finally out grew it.

Yes, you may have to worry about snacks at school. But, your child could be lucky and out grow the sensitivity to peanuts. Son was extremely allergic as a small child to ragweed, molds, most grasses, most trees, tons of stuff. Years and years of visits to the allergist, and lots of allergy shots. Several bouts of pneumonia and bronchitis. Not to mention asthma attacks by the boat load every spring and fall. He finally outgrew it all. Thank goodness.

I know peanuts may be life time thing. We have an adult friend who is severly allergic. But some kids show sensitivity when they are young and then simply out grow it as they age. I will hope for the best for you and your child there.

I'm not trying to be rude, or belittle your concern. You're anxious and that shows you love your child. Just want you to relax a bit and take a deep breathe.

Little children, little problems. Big children, big problems. This situation is something you can "control" so work with it. You won't be there, some night, way down the road, when he/she's a teen, making the choice whether or not to get into a car driven by another kid under the influence.

[alh]

A lot would depend on how a trust is structured and the type of trust. There are many kinds and they are not the same at all. You may need to talk to a lawyer who specializes in asset protection in addition to one that is a bankruptcy lawyer.

[badgambler]

What happened to your child is unfortunate, but.............

Sounds like the doctor was acting in good faith. You pediatrician had what he thought was an otherwise healthy baby.

Babies, you try this. Doesn't work, go back, try something else. They don't come with an instruction manual. Digestive systems are immature. Gag reflexes aren't the same as ours. Etc, etc, etc.

The scripting of the non pediatric approved med,........... Doctor may or may not have had basis for it's use. There may be something in the fine print of the FDA formulary info that allows for its use. I'd have to check to be sure. Hubby's into Pharma research. Sometimes when the ad says "not approved for use in children" there is basis for isolated applications. Maybe your child met the criteria.

We went thru something similar with 2 of our children. Son was allergic to the iron in formula. Took 2-3 months to figure it out. Finally, he could eat without terrible gas, pain, and urping all over everything. Not to mention what happened in the diapers.

Daughter had siezures. She was finally diagnosed and treated for epilepsy even tho she's not epileptic. Something about brain development, blood vessel clusters, I don't remember it all. She finally out grew it.

Yes, you may have to worry about snacks at school. But, your child could be lucky and out grow the sensitivity to peanuts. Son was extremely allergic as a small child to ragweed, molds, most grasses, most trees, tons of stuff. Years and years of visits to the allergist, and lots of allergy shots. Several bouts of pneumonia and bronchitis. Not to mention asthma attacks by the boat load every spring and fall. He finally outgrew it all. Thank goodness.

I know peanuts may be life time thing. We have an adult friend who is severly allergic. But some kids show sensitivity when they are young and then simply out grow it as they age. I will hope for the best for you and your child there.

I'm not trying to be rude, or belittle your concern. You're anxious and that shows you love your child. Just want you to relax a bit and take a deep breathe.

Little children, little problems. Big children, big problems. This situation is something you can "control" so work with it. You won't be there, some night, way down the road, when he/she's a teen, making the choice whether or not to get into a car driven by another kid under the influence.

Your right I am sure over time we will relax on the situation as far as being so worried.. and yes hopefully he will outgrow the peanut allergy but unlike many allergies that children do out grow peanut allergies is not one of them that happens often.. But I am hoping he is the exemption to the rule...

As far as the lawsuit.. After speaking with a few attorneys misdiagnosis or failure to diagnose a life threatening condition is malpractice. The advice given about trying peanuts in a few weeks was negligent and life threatening. As far as the exema and prescription.. You pretty much said what the attorney did.. But that combined with the whole situation will bolster our case for negligence.

When your dealing with a life threatening condition.. You can not try this then if that doesn't work try that..There may not be a next time.. He should have ordered a allergy test to rule out a allergic reaction to peanuts. This is due to possible life threatening reactions that are common with this type of allergy..

Not trying to belittle your childs past illness to mold and ragweed, but those rarely have been known to cause death. At the levels of allergic reaction my son tested at.. The allergy doctor said that even a small amount of peanut product can be life threatening..The milk one which was tested and postive was much lower.. not a life threatening condition but one that caused him much pain and long night scratching himself raw..This means we have to verify that everything he eats not only does not contain peanut products.. But also was not produced in a factory that used peanuts.. So he is screwed on Holloween.. No M&M's and many other of the good candies.. as most are made in the same factories as ones with peanut products.. This is from the doctors mouth.. She didnt want us to become lax in our concern, thinking if he didnt eat a peanut product he would be fine.. At his levels.. I dont even want to type anymore on it.. sorry..


Not trying to argue with anyone.. Just passing on my story..

[badgambler]

Being allergenic myself, I can understand your fears..........

I too have food allerges, milk and peanuts included..... among other things. And yes the peanut allergy is very serious to have...... the reaction is life-threatening at times!!

My milk allergy was discovered as a baby............ the peanut allergy after I was grown and in my 30's.........
I ate peanuts and didn't know.........got very sick, took to hospital etc..... but they never said the peanuts caused it.

Did not find out till I was in my 50's that peanuts could kill me...........

I didn't eat peanuts often just every so often.

Also I am very "chemical sensitive" - things like fabric softner, aerosol cans (sprays), soap powder, colognes, etc. Those send me into "fits of coughing and choking".... when I come into contact with them.
Contact with them have sent me to the hospital in ambulance because my throat swelled shut and couldn't breathe.
We never realized I was allergic to the peanuts till one afternoon after I had been munching down on them......BAD MISTAKE...............

The food allergies I can control, the chemical ones - I CAN'T...... When I come into contact with chemical smells - colognes, soaps, sprays, etc.... the 3rd time I breathe in my throat closes up and its dangerous for me to stay around the odor.... Thus I have to go outside, get away from the source.... till I can breath again. Somehow it is asthma related. Doctors call it an "allergenic pharynix" (can't spell).....

Have dam near choked to death in a checkout line at Walmart, believe me................

Sorry to hear your baby is experiencing these problems. Watch him/her closely, now that you know they have allergies.

Also notice how they react around chemcials and different smells from sprays, candles, colognes, fabric softerneretc. Bath powder or anything with talcum is my worst enemy..... Check them for wheesing..............around these products....

When they go to school EVERYONE MUST KNOW, they cannot eat peanuts or anything with peanuts in it.......
and your gonna have to teach your child that a peanut can make him "very ill"...................

Bad situation and very hard to deal with even as an adult...........

God school.. Yes we already are planning our course of action ahead of time.. Beyond just telling the teachers and so forth.. We want to verify with the school district that he can carry his Epipin with him when he is of appropriate age of course.. Also want the classroom teacher to have a Epipin for use in case of a emergency... This type of allergy doesnt allow time to go find the nurse.. We will surely have to sign a waiver which is fine by me about administering the Epipin..

Sorry I just cant think about this right now.. I just get way to emotional about it and being at work.. cant let the other guys see me tear up like a lady..

[Kam]

As a child in the early 60's I went through 2.5 years of allergy testing (pin pricks on the back, shots in both arms). At the conclusion of the testing I was allergic to 111 different things, with codeine and bee stings causing severe asthma attacks. Back in those days, asthma attacks required a stay in the hospital enclosed inside plastic walls and an oxygen tank. At the age of 9 I told my allergy doctor that I would never live to be 12! Obviously, I have outgrown most of my allergies, but codeine and milk are still no nos! Some things I had mild reactions to as a child, I have developed stronger reactions to as I have aged.

My allergies included mold and mildew, which as a child did not do much to me, but as an adult in my late 30's, was strong enough to cause severe bronchitis and pneumonia. I spent New Years 1999 in the hospital as a result of mild and mildew. These allergens *can* pose an imminent threat, depending on the severity of one's sensitivity.

I have to agree with the others that it would be prudent to find out whether the doctor was negligent in prescribing medication for your son's eczema. I suffered from eczema as well and medication for skin disorders was not common when I was a child. We used lanolin and petroleum jelly to keep my fingers from cracking and bleeding.

Of my three natural children, my oldest daughter suffers from a form of eczema, among other things. When she halved the amount of carbohyrdates she consumed on a daily basis, she began to experience less skin irritations, less menstrual problems, and less symptoms from polyovarian cysts (she is only 18).

If you have not had a complete allergy test done, I would strongly suggest you do it. As far as the advice of giving him some peanut butter and see how he does, that is standard doctrine for introducing new foods to infants. You should allow 2-3 weeks to see if an allergy does occur; otherwise you have no freaking clue what could be causing the allergy. I suspect that I continued to have mild allergies to bread since it contains yeast. Once I cut down my bread consumption I stopped having yeast infections, skin disruptions, head aches, etc.

Allergies are a pain in the butt. No question. Having Epi-pens is a good idea and having a carefully supervised diet for your child while in day care/school is extremely important. I gather that your child is still quite small, so there is a chance he will outgrow the sensitivity before school. As far as Halloween candy is concerned, he doesn't need it! LOL!

Good luck!

[Minnymouth]

HELLO KAM - GOOD TO HEAR FROM YOU................

YES, the allergies are a pain!!!

Not only the chemicals, food, but also the molds, mildew, etc.

I have allergies now that I never had as a child - or at least they didn't know I had them..... called it all a "cold".........

And yes, mine have gotten worse over the years. Asthma and them triggered together is a "WHAMMY".........

Life can be good until you file bankruptcy, have an asthma attack, anxiety attack, catch the flu, the kids are real sick, DH looses his job, etc and you still got 3 more months of bankruptcy to go thru!!!!!

Soon - for a spell - it all quiets down to a dull roar, and life gets on with everyday living.

And then it starts all over again!!!!

The strong survive................................. and the weak just get on their feet and go at it again.........

[badgambler]

As a child in the early 60's I went through 2.5 years of allergy testing (pin pricks on the back, shots in both arms). At the conclusion of the testing I was allergic to 111 different things, with codeine and bee stings causing severe asthma attacks. Back in those days, asthma attacks required a stay in the hospital enclosed inside plastic walls and an oxygen tank. At the age of 9 I told my allergy doctor that I would never live to be 12! Obviously, I have outgrown most of my allergies, but codeine and milk are still no nos! Some things I had mild reactions to as a child, I have developed stronger reactions to as I have aged.

My allergies included mold and mildew, which as a child did not do much to me, but as an adult in my late 30's, was strong enough to cause severe bronchitis and pneumonia. I spent New Years 1999 in the hospital as a result of mild and mildew. These allergens *can* pose an imminent threat, depending on the severity of one's sensitivity.

I have to agree with the others that it would be prudent to find out whether the doctor was negligent in prescribing medication for your son's eczema. I suffered from eczema as well and medication for skin disorders was not common when I was a child. We used lanolin and petroleum jelly to keep my fingers from cracking and bleeding.

Of my three natural children, my oldest daughter suffers from a form of eczema, among other things. When she halved the amount of carbohyrdates she consumed on a daily basis, she began to experience less skin irritations, less menstrual problems, and less symptoms from polyovarian cysts (she is only 18).

If you have not had a complete allergy test done, I would strongly suggest you do it. As far as the advice of giving him some peanut butter and see how he does, that is standard doctrine for introducing new foods to infants. You should allow 2-3 weeks to see if an allergy does occur; otherwise you have no freaking clue what could be causing the allergy. I suspect that I continued to have mild allergies to bread since it contains yeast. Once I cut down my bread consumption I stopped having yeast infections, skin disruptions, head aches, etc.

Allergies are a pain in the butt. No question. Having Epi-pens is a good idea and having a carefully supervised diet for your child while in day care/school is extremely important. I gather that your child is still quite small, so there is a chance he will outgrow the sensitivity before school. As far as Halloween candy is concerned, he doesn't need it! LOL!

Good luck!

Thanks so much for the input.. Really appreciated..

I do pray he outgrows this peanut allergy.. even though I would hate to see my little man (14 months) suffer from ragweed or mold that can cause many problems.. I would gladly trade that for one that can cause death.. The complete allergy test is going to be run at 24 months of age per the doctors recommendation.. along as his skin is under control and he shows no new signs of allergic reaction.

When we were given the okay to give my son peanut butter.. He was 12 months old.. His reaction to a small amount on my wifes finger was instant.. Vomiting.. difficulty breathing.. swollen eyes.. and uncontrolled drooling.. My son rarely drools normally even when teething.. My wife quickly called the doctors office who told her to bring him in.. On the way to the doctors office the above conditions worsened.. When we got to the doctors office.. (i met her there from work) we were brought in.. The doctor came in and looked my son over.. who at this time .. perhaps 45 minutes post exposure was still drooling and had swollen eye lids.. was breathing a bit easier.. The doctor said.. Well there are no hives and he is breathing okay.. Looks like he chocked.. I asked about the drooling.. and he said.. Thats what babies do.. "jackarse".. I explained I understand that but my son does not drool like the dog from turner a hooch.. it was like a facet just running out of him.. He looked him over.. Said he choked.. and to try it again in 2 weeks.. When we brought him home.. He broke out in hives.. which we later found out was the secondary reaction which can often be far worse.. Wife called the doctor who said.. He has had skin problems before right.. Wife said yes.. He said .. Ya go ahead and try the peanut butter in two weeks.. I still want to choke that doctor.. Our allergy doctor along with my sister in law who is a nurse.. Said the first response upon hearing about difficulty breathing should have been to call a ambulance.. Specially with them being 30 minutes away.. My son could have died on the way to the hospital.. I still want to choke that doctor so bad.. But instead.. I will be a legal pain in his side.. Giving advice that could cause my sons death.. Is not something I can overlook.. The whole exema thing.. Has me upset as well.. But not to the point of lawsuit.. Almost giving advice that can kill my son.. Ya I will see you in court..

Sorry for the rant.. Go through horrible bouts of anger and sadness about the entire thing..

[badgambler]

One thing is.. With this peanut thing.. BK and my gambling problem ( over 3 months clean ) seem so unimportant.. Of course I am dealing with both in proper fashion.. But it really put things in perspective..Especially the Bk .. What is the worse that can happen with all my unsecured debt.. Really nothing.. one garnishment at a time or a lein on the house.. big whoop.. The gambling is more important as far as staying on the straight and narrow and continueing with my recovery.. That effects my entire family and risks the future for all my kids.. So that is priority of course .. The most important thing is the health and safety of my family.. the thought of lossing one of them.. Well that is the nightmare all parents face..

remember.. finances and all that have its place.. but the most important thing in life is family.. It is easy to forget at times with the preassures of the bk process.. But step back for a moment breath in and be thankful your all still around and remember that is all that counts..