posted
I filed the nonsuit on December 22 which means I have 6 months from that date to find a lawyer and refile the case.
I did learn something new today. At the end of the 6 months I can actually wait another year to serve the papers if I want. So surely in 6 to 18 months I can find enough expert witnesses for the case.
I did meet with my potential lawyer today - meeting had been delayed a week. Anyway - they are still only potential lawyers. They want me to get together a package of info and then they are going to contact some of the docs I met at the last 2 tickborne conferences I attended to see if those docs are willing to become expert witnesses.
The lawyers are interested, but not willing to commit until we get some more witnesses lined up.
I also need to talk to Steve's LLMD to get a better understanding of the exact mechanism of his death. The lawyers were having a hard time understanding exactly how babesia kills someone.
I really like the lawyers I met and hope things work out with the firm. They spent a couple of hours with me and really tried to understand my viewpoint. They seemed shocked at the comments made by the hospitalist in the medical records and as one lawyer said "I have never heard of munchasuens causing lung failure."
I think I know what I need to do now to move the case forward. Will be revising some of the schedules I prepared earlier.
Plus I have hired someone starting next week to help me set up my babesia informational website. Lots to keep me busy.
Bea Seibert
Posts: 7306 | From Martinsville,VA,USA | Registered: Oct 2004
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posted
Bea, I just want to remind you of this study, which I think does speak more to the exact mechanism by which babesia duncani (WA-1) causes respiratory failure.
I nearly died from this too (respiratory failure from babs duncani).
***
Display Settings:AbstractSend to: J Parasitol. 1999 Jun;85(3):479-89. Endothelial cell changes are associated with pulmonary edema and respiratory distress in mice infected with the WA1 human Babesia parasite.
Hemmer RM1, Wozniak EJ, Lowenstine LJ, Plopper CG, Wong V, Conrad PA. Author information Abstract
A C3H/HeN mouse model was established to study the pathogenesis of the human babesial parasites, WA1 and Babesia microti. To evaluate the course of parasitemia and the associated lesions, mice were inoculated intraperitoneally with either WA1-infected, B. microti-infected, or uninfected hamster red blood cells.
WA1-infected mice developed dyspnea and moderate parasitemias, after which death occurred. Babesia microti-infected mice experienced low parasitemias with no apparent morbidity or mortality. WA1-infected mice were thrombocytopenic but not anemic. Hemograms for B. microti-infected mice were similar to controls.
Postmortem examination of WA1-infected mice revealed prominent lesions in the lungs, including pulmonary edema and intravascular margination of leukocytes. No pulmonary changes were detected in B. microti-infected mice.
Blood gas measurements of WA1-infected mice showed reduced oxygen saturation and pH, and increased carbonic acid compared to controls, indicating hypoxia and respiratory acidosis. Ultrastructure studies of WA1-infected lungs showed hypertrophied endothelial cells containing transcellular channels associated with protein-rich intra-alveolar fluid.
Endothelial cell activation was demonstrated by an upregulation of intercellular adhesion molecule-1 in the lungs of WA1-infected mice. The results suggest that recruitment of inflammatory cells to the lungs in WA1-infected mice induces endothelial cell alterations, leading to pulmonary edema and acute respiratory failure.
PMID: 10386441 [PubMed - indexed for MEDLINE]
Posts: 929 | From Massachusetts | Registered: Oct 2007
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-------------------- --Lymetutu-- Opinions, not medical advice! Posts: 96222 | From Texas | Registered: Feb 2001
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Rumigirl
Frequent Contributor (1K+ posts)
Member # 15091
posted
Munchausen's my foot! It makes me really angry to hear again that they were blaming lung failure on that----horrible beyond measure! Just how would this hospitalist feel if it were his/her spouse??!!
Preaching to the choir, as usual.
As you know, Bea, I am fighting my insurance company's denial to cover Coartem, because I don't have "a documented case of malaria," in spite of my doctor's explanation of relapsing Babesiosis. Grrrr!
Keep going, as I know you will.
LymeCFIDSMCS, what helped you to survive it, or get over it, if you did?
Posts: 3771 | From around | Registered: Mar 2008
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lymielauren28
Frequent Contributor (1K+ posts)
Member # 13742
posted
Glad you're moving forward, your persistence is admirable!
-------------------- "The only way out is through" Posts: 1434 | From mississippi | Registered: Nov 2007
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ukcarry
Frequent Contributor (1K+ posts)
Member # 18147
posted
At least you have a breathing space now, Bea. What a relief to have found doctors whom you think you can work with.
Good luck now with the expert testimonies.
Posts: 1647 | From UK | Registered: Nov 2008
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posted
Ukcarry - No doctors or lawyers yet - but I have several promising leads.
Lymielauren - I decided long ago that being stubborn (or persistent depending on the definition) was a personality trait that I had. So rather than change my personality I have hopefully learned how to use that trait to my advantage.
Rumigirl - The lawyers asked me when I decided to file a lawsuit. I said that I had pretty much decided while Steve was still in the hospital, but that the letter I received a month after his death from the I.D. doc was the final straw. At that point they expressed disbelief in the Clongen blood smear results. This was before the final Fry Lab results were in.
The lawyers are not Lyme literate, but even they could see from the comments in the medical records the bias against tickborne patients expressed by the hospital physicians.
LymeCFIDS - Technically Steve died from heart failure - bradycardia - within a period of about 5 minutes his heart rate just slowed down and then stopped beating. No tests were done on lung tissue looking for babesia. That is one of the things that I am going to have the pathologist A.M. look at. -------------------------------------------------
The lawyers thought that for a layman I had done a really good job of drafting my initial complaint. It is obviously a complicated case with Steve's 12 year medical history and all of the hospital acquired infections.
I won't go into specific details, but I think I now have a pretty good understanding of just exactly what the expert witnesses need to be willing to testify to to make the case winnable. The hematologist who I found previously had probably never treated a babesia patient. He agreed that testing was inadequate and that hubby died as a result of babesiosis (proximate cause of death), but there are other legal points that he is not really qualified to address.
Now that I know what I need to do and am not under such strict time deadlines I can hopefully move forward in a logical and organized direction.
Bea Seibert
Posts: 7306 | From Martinsville,VA,USA | Registered: Oct 2004
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Dekrator48
Frequent Contributor (5K+ posts)
Member # 18239
posted
Praying that everything works out well for you, Bea!
-------------------- The fibromyalgia I've had for 32 years was an undiagnosed Lyme symptom.
"For I know the plans I have for you", declares the Lord, "plans to prosper you and not to harm you, plans to give you hope and a future". -Jeremiah 29:11 Posts: 6076 | From Pennsylvania, USA | Registered: Nov 2008
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