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» LymeNet Flash » Questions and Discussion » General Support » Why have there been no lawsuits?

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Author Topic: Why have there been no lawsuits?
bcb1200
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I've been thinking.

Pam Weintraub mentioned during her research of over 800 lyme patients that the vast majority of them went to their PCP when symptoms first started, when they had the rash, or even had the tick with them, only to be turned away. This then made them eventually become disseminated and chronic thereby making treatment more difficult, expensive, and for some ineffective / impossible.

If the mainstream docs miss the majority of the people with early lyme who then go on to get very ill, why can't those people try to recoup the financial loss of tests, medications, personal suffering, etc, for the original doctors failure to diagnose lyme & co properly?

Is it because, even if you are positive on Igenex, that the mainstream doesn't recognize it? Will they cite the IDSA and dismiss your case?

Believe me..I"m not one for lawsuits. In fact, I believe we need major tort reform in the USA in the medical space. But I also realize that organizations and individuals tend to respond rather quickly when there is a potential for liability.

All it takes is one successful lawsuit and Doc would hand out antbiotics like candy for anyone who was bitten.

Thoughts?

--------------------
Bite date ?
2/10 symptoms began
5/10 dx'd, after 3 months numerous test and doctors

IgM Igenex +/CDC +
+ 23/25, 30, 31, 34, 41, 83/93

Currently on:

Currently at around 80% +/- most days.

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kidsgotlyme
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I don't have an answers. I just wish SOMETHING could be done to stop all this madness.

--------------------
symptoms since 1993 that I can remember. 9/2018 diagnosed with Borellia, Babesia Duncani, and Bartonella Hensalae thru DNA Connections.

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momindeep
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I tried that route... after reviewing my daughter's medical records my lawyer said "Perhaps we would have a case, but what the court recognizes is did the doctor/s intentionally do harm?" I could not answer that, at times, tho, I think a few of them did intentionally do harm, but hard to prove in court.

Also, the money part of a lawsuit can be staggering.

I did not pursue it for financial compensation, I pursued it to make a difference.

After much dialogue with the lawyers, I decided, since my daughter would be asked to testify, that I had to let it go, she just wasn't in a position to do so at the time.

So sad, it really is. Most people are either financially tapped out from treating Lyme anyway, or emotionally and/or physically unable to pursue the situation.

And, unfortunately, doctors, a lot of doctors stick together...whether right or wrong...mostly because they know that some day it could be their butt on the line.

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Keebler
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-
The IDSA has positioned themselves to avoid all lawsuits by designing an impossible criteria for diagnosis and proclaiming lack of evidence (and ignoring good medical work that disagrees with their simple minded view).

The IDSA is criminally brilliant. They've pulled off a nearly impenetrable cocoon. Only someone with good health and great wealth can fight that.
-

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Robin123
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I think a class action lawsuit got started recently in Australia, in a SW area.
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Lymetoo
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There was a case about 8 yrs ago where someone successfully sued a doctor over their child's Lyme disease case. I don't remember any specifics.

But yes, if Lyme is supposedly cured in 3 wks, how can you prove much of anything?

Seems you should be able to sue if they totally ignored you and your symptoms, however... providing no treatment at all.

Another problem is finding doctors to corraborate on your behalf. I have a friend who tried to sue and she couldn't find any doctors who would stand up for her.

Many doctors won't put themselves on the line. (I think she had one doctor to back her up, but that wasn't enough!) You need more than one doctor to say that you're still sick and that Lyme is not easily cured!

--------------------
--Lymetutu--
Opinions, not medical advice!

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fatherguido
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One of my friends is a lawyer and I have picked his brain about my PCP refusing to see me and my three rounds of steroids from specialists. Unless you can prove the docs knew you had Lyme and purposely steered you in the wrong direction, there is little case. Momindeep has is right about suing for intentional harm (gross negligence) but you will not have a case for medical stupidity.

The IDSA is corrupt and dug in deep with insurance lawyers. This would be your angle to open up the flood gates but would be an uphill battle for years.

I have always thought about contacting one of the local TV stations. They are always looking for new stories to monger. I doubt anything would ever develop but any PR to help open eyes to our struggle is a plus.

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bcb1200
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I don't get why you have to prove they purposely did it. When a surgeon cuts off the wrong leg of a patient, it's not on purpose, yet the patient prevails.

Sad.

--------------------
Bite date ?
2/10 symptoms began
5/10 dx'd, after 3 months numerous test and doctors

IgM Igenex +/CDC +
+ 23/25, 30, 31, 34, 41, 83/93

Currently on:

Currently at around 80% +/- most days.

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Tricky Tickey
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I like that term "medically ingnorant". It is the definition of ID Duck.

--------------------
Early Disseminated LD- 2010.
Currently doing acupuncture and yoga.
Negative Igenex (IND & Pos Bands)
ISSUES AFTER: Tendonitis, letter reversal, Low immune system.
PREVENTION:SaltC,Iodine,Humaworm,
Chiropractic.

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lou
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One case that I know of where the patient did win, did not result in a monetary reward because the medical practice declared bankruptcy. Neither did the attorney get paid, because he had taken the case on contingency.

There have also been other cases. One patient filed a lawsuit, and her doctor was immediately attacked by the state medical board, ultimately losing his license. So, the case went nowhere.

And if the "authorities" say lyme is cured in three weeks, it will appear to be a trivial disease and the subsequent health problems will be said to be something else. Especially if you can't provide a CDC positive test. Even if you can.

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WIZARD
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We also considered a "malpractice" lawsuit against our PCP.

After meeting with several attorneys I decided to let it go as well.

Unless the physician did NOT meet the "standard of care" we would not prevail.(The IDSA has made the standard laughable) A lawyer will not take on a contingency case unless he will win. If it is not a contingency case, it is $ 300.00 per hour for legal time. It runs to BIG money very quickly.

Better to use your money in TBD treatment.

Additionally, pursuing a legal case while trying to recover is not going to help you improve medically. The stress is unbeleivable.

And THEY know it! That is why we are stuck where we are right now. [puke]

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onbam
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The folks with the nukes are behind 'em. You'd have to sue the feds.

A "baker's dozen" with known conflicts of interest and absolutely no science behind them can't hijack international biotech policy for nearly half a century without some serious backing.

[ 11-05-2010, 02:57 AM: Message edited by: onbam ]

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littlebit27
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I am actually thinking about suing my PCP if I can find a lawyer who will work with me.

He has refused to treat my pain with more than the 3 worthless RXs he gives me. He had refused to try to DX me with something since he doesn't believe I have Lyme Disease. His quality of care and standard of care is crap.

He actually lost his priviledges (sp?) at the local hospital (he was cheif of staff at one point) for quality of care.

--------------------
*Brittany Lyme Aware on FB*
http://littlebithaslyme.wordpress.com/

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burnsjw
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The only thing that would help is trial by jury. We need the public to decide.
In some states, they have laws that protect the drs. and it is pretty hard to sue them.

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WIZARD
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burnsjw is correct. The even more difficult thing is the "code of silence". It takes YEARS to actually get to court.

They protect their own. The chances of getting one MD to testify that another is incompetent is unlikely. And if they do agree to testify, it comes with a very hefty fee. No one does it because they care, sadly.

You just have to work around the medical system as best you can. If your PCP won't RX pain meds, go to a pain mgmt clinic. If you need referrals and the PCP won't refer, change PCP. Keep going until you get what you need. It is exhuasting, but not as exhausting as a protracted legal battle.

Good luck!

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Robin123
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What about a different angle - exposing what the insurance companies are doing to keep us from getting treatment?
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s0ngbird1962
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We considered it, my son suffered & will probably suffer the effects of his pedi's negligence for the rest of his life. Having said that, our case would have been stronger if we had photo's of his bulls-eye rash as proof.

After LLMD heard our story & saw our son, thought we should go after him. Decided to spend the limited funds we had on his treatment/recovery.

--------------------
Mom to a 5 year old lymie....
Taking it one day at a time.

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lipanz
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yes burnsjw is correct...in the northeast - this certain so called prestigious hospital I have heard and suspected they pay off the local lawyers in town so much a yr like an ins. policy not to touch them.. Also did you ever hear that old expression "Your as crooked as a Phil. lawyer." altho the town and this hospital is not in Phil.
I have went thru an unbelievable horror story in ref to my husband. Unbelievable and evil.

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Robin123
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Repeating myself here re exposing insurance companies, that's exactly what a Lyme patient did here this past year,

is she went on prime time TV with a story about her insurance company not covering her IV expense. Result: they started covering! So, another answer is some possible media story exposure.

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lipanz
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Oh, forgot to add--the Dept of Health and HUMAN????svces. crooked also - a slap on the hand -plus acknowledging their lying words.

FDA CDC they are all crooks---Igenex is the best blood testing lyme lab of what is left..did you notice all states their tests are not accepted.esp NY - Allen Steere's american fdtn there -plus why didn't he put his illustrious fdtn. in Mass. where his location is..well it was closer to a certain Dr. he put thru hell.

Antibody 31 and 34 very specific -it was used for the sicko vaccine- and removed when the vaccine was on the mkt.-that is all they could of done if unsure about diagnosis say were you ever vaccinated?? No---vaccine is off the mkt now -THEY NEVER PUT THOSE 2 antigens back in. CRIMINAL-
and so is the CDC....a real pitiful shame.

I really think this whole disease is evil. Even how the tick operates is evil-injects an anesthesia into one first so they don't fill the pincher- then also a blood thinner so they can pull the blood easier. evil--I do not think that God made ticks...I really think the devil did..

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lipanz
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FOR ROBIN 123

this is for Repeating myself here re exposing insurance companies, that's exactly what a Lyme patient did here this past year,

is she went on prime time TV with a story about her insurance company not covering her IV expense. Result: they started covering! So, another answer is some possible media story exposure.

I wonder how she got her story on PrimeTime--I have an unbelievable horror medical story- Do you have an article on it --if I go on Prime Time site do you think I can get contact information for that...Are you the Robin who has the Lyme site. thank you, lipanz

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Robin123
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Hi - I think she contacted our local media and told them she had a story and they were interested. I'd have to hunt down the specifics, since it happened last year.

She was able to demonstrate medical need for IV, along with insurance turn-down for the care. On primetime TV, it had the capacity to reach over a million viewers. The insurance company was shamed into reversing their denial of coverage.

Result: the woman was able to return to some of what she had previously been doing professionally.

I always say it's not just us personally who are affected, but everyone else we may impact. Restoring a person's health means contributing to so many others' lives as well.

It's a different Robin who has the the site - a Robynn, if I recall, and a hard-working one at that!

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Lassie27
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I think a class action law suit is a great idea... It seems the only way change might occur is if it hits peoples pockets!
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Hambone
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quote:
Originally posted by lipanz:
Antibody 31 and 34 very specific -it was used for the sicko vaccine- and removed when the vaccine was on the mkt.-that is all they could of done if unsure about diagnosis say were you ever vaccinated?? No---vaccine is off the mkt now -THEY NEVER PUT THOSE 2 antigens back in. CRIMINAL-
and so is the CDC....a real pitiful shame.


I was reading this thread and as soon as I saw this comment, I burst into tears.

Because this is exactly why I fell through the cracks and lost my career, income, friends, family and my health.


In 2001, I asked for a Lyme test at Mayo Clinic. The doctor went over all of my bloodwork and never said a word about the Lyme test. He said I was depressed..that depression makes you hurt all over, makes you tired, and can cause a fever. So he gave me antidepressants and sent me on my way.

For five years I took that antidepressant but was gradually getting more and more symptoms. In 2005, everything crashed.

I had to quit my job. I was four classes away from getting my master's degree and had to drop out. I was in a fight for my life, only nobody would tell me what was killing me.

Fast forward five years and 15 doctors.


Finally find out through Igenex that I am positive for Lyme. Have bands 31,34, 41 and 58, both IgM and IgG.

I ask Mayo Clinic for my labwork records from 10 years ago. Sure enough, there it was. It said, Lyme...reactive. Bands 41 and 58.

They did not test 31 and 34.

I guess they think if you ignore it, it doesn't exist.


I cannot for the life of me see how eliminating bands 31 and 34 from CDC testing is legal. It is downright criminal.

How are they getting away with this?

How are they getting away with knowing people are being misdiagnosed and falling through the cracks because of this? DYING because of this?


And they sleep at night?

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kam
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Not able to read what others have said. But, I did call several attorney's when I first came down sick.

I was told that you can't take ignorance to court.

It takes all I have just to get through the day so an added battle with the courts is too much.

I thought about a group law suit. But, who do we bring to court?

Posts: 15927 | From Became too sick to work or do household chores in 2001. | Registered: Dec 2002  |  IP: Logged | Report this post to a Moderator
   

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