Topic: Two Lyme Legal Cases- Over $40 MILLION Each
Tincup
Honored Contributor (10K+ posts)
Member # 5829
posted
If you think this doesn't go in the Medical Section, do what the ticks do and BITE ME!
Two recent law suits for damage caused by Lyme disease- both in CT patients. Both are for over $40 MILLION dollars! One has been won, the other is in progress.
posted
I've been wondering when the successful lawsuits start. I don't think I can count that high if we all sued various entities and won money for our losses!
Posts: 13116 | From San Francisco | Registered: May 2006
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posted
I sympathize greatly for the kids suffering, but don't think root cause of the Lyme community's problems are schools and camps.
Pretty soon it will be illegal for kids to leave their rooms and hockey gear must be worn at all times.
Posts: 360 | From Massachusetts | Registered: Dec 2012
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surprise
Frequent Contributor (1K+ posts)
Member # 34987
posted
We discussed one of these cases in General Support, here is what I wrote:
posted 10-20-2013 06:18 PM I'm not looking at it all lumped together- the insurance companies are money making machines,
IDSA guidelines and false negative tests in place to not treat. We all know that.
If I'm sending my minor child away for you to take care of, paying you money to do it, we sign a contract about how the care is to be executed,
and none of the contract procedures were followed and my child comes home gravely ill and possibly never recovering from it because you breached the agreement,
I'm gonna be pretty P.O.'d. $41 million is a crazy number- a game to settle for less.
I've never sued anyone, and hate frivolous lawsuits. This one I like, because it may force camps in endemic areas
to take Lyme disease seriously, and that might save some kids. I hope the parents win.
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-------------------- Lyme positive PCR blood, and positive Bartonella henselae Igenex, 2011. low positive Fry biofilm test, 2012. Update 7/16- After extensive treatments, doing okay! Posts: 2518 | From USA | Registered: Nov 2011
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surprise
Frequent Contributor (1K+ posts)
Member # 34987
posted
P.S. The first case Tincup listed I wasn't commenting on, that one, I can't get past the irony the girl from CT goes to China and gets Lyme.
It's the 2nd case, still pending, where the camp specifically identifies in the contract it's in an endemic area, has a 4 level
system for preventing ticks/ Lyme, the child was very ill and wasn't helped, no procedures followed.
-------------------- Lyme positive PCR blood, and positive Bartonella henselae Igenex, 2011. low positive Fry biofilm test, 2012. Update 7/16- After extensive treatments, doing okay! Posts: 2518 | From USA | Registered: Nov 2011
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posted
Change happens in increments. Suing a summer camp for failure to protect is a first step. From there, suing a doctor who fails to treat isn't that big a second step. Still incredibly complex, but more conceivable now, thanks to this CT lawsuit opening the door.
Maybe that'll make Wormser et al rethink their "wait and see" approach (from your other post)!
Posts: 431 | From New England | Registered: Dec 2011
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GretaM
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Member # 40917
posted
Well said Anthro and Surprise!
And Bob I laughed with the visual of kids strolling around well padded with helmets and a stick.
Small steps but 40 million is an atrocious amount and blown out of proportion I think.
Posts: 4358 | From British Columbia, Canada | Registered: Jun 2013
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'Kete-tracker
Frequent Contributor (1K+ posts)
Member # 17189
posted
To All The girl who went to China didn't "get" Lyme. The lawsuiit didn't even INVOLVE Lyme. Read the article.
surprise
Frequent Contributor (1K+ posts)
Member # 34987
posted
'Munn, of New York City, was a ninth-grader at Hotchkiss when she joined a school-supervised trip to China during the summer of 2007, according to her lawsuit. The then-15-year-old suffered insect bites that led to tick-borne encephalitis, her attorneys said.'
(quote from 1st story) Tick-borne encephalitis - I guess I call that Lyme disease, or PANS.
-------------------- Lyme positive PCR blood, and positive Bartonella henselae Igenex, 2011. low positive Fry biofilm test, 2012. Update 7/16- After extensive treatments, doing okay! Posts: 2518 | From USA | Registered: Nov 2011
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nefferdun
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posted
This is very strange because it is saying the kids will not get better - they are sick for life with damage caused from the disease. It follows what the CDC says, that the symptoms following short term treatment are damage, not the disease.
Ironic - and Very Smart!!! How did they prove the kids were infected at the camp or on the trip? They might have gotten it anywhere.
-------------------- old joke: idiopathic means the patient is pathological and the the doctor is an idiot Posts: 4676 | From western Montana | Registered: Apr 2009
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'Kete-tracker
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Member # 17189
posted
Nope, not quite the same. Encephalitis (swelling or inflamation of the brain) can be caused by many things. It can be viral or bacterial in nature. In some cases, the cause of the inflammation is never determined.
Lyme is known to be an occasional cause of encephalitis, but Lyme usually manifests itself in other ways throughout the body.
Not familiar with 'PANS', though I just read that it is a conditon "proposed" in 2012, by the U.S. NIH, as a sub-set of acute-onset cases of Obsessive-Compulsive Disorder (OCD). See Wiki: http://en.wikipedia.org/wiki/PANDASPosts: 1233 | From Dover, NH | Registered: Sep 2008
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posted
Tick borne encephalitis is NOT the same as lyme disease. Supposedly that disease is not in the U.S. It is very common in Europe and Russia and several other countries. It is actually a virus I think for which there is no treatment -- only supportive measures. I think 40 or 50 percent of patients have long lasting neurological side effects. There is a vaccine for it but I have no idea how effective the vaccine is.
Personally I have a real problem with the amounts of the lawsuits. If I sue the hospital where my husband died (in my opinion from babesia) it is my understanding that the maximum amount of the lawsuit is $2,000,000 I understand about capping medical malpractice lawsuits -- but something just seems wrong here somewhere.
Bea Seibert
Posts: 7306 | From Martinsville,VA,USA | Registered: Oct 2004
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surprise
Frequent Contributor (1K+ posts)
Member # 34987
posted
I did not know that: tick encephalitis is actually a virus without a cure, found in Europe, although I guess there is no complete eradication of any virus.
I wonder if they tried High Dose IVIG for her, which is what is used for PANDAS/ PANS, and often coded as encephalitis for the insurance companies-
Many children are suffering from PANDAS/PANS, and it is debilitating - auto bodies from infections going rouge in the body
attacking the basal ganglia part of the brain. Thanks for educating me-
-------------------- Lyme positive PCR blood, and positive Bartonella henselae Igenex, 2011. low positive Fry biofilm test, 2012. Update 7/16- After extensive treatments, doing okay! Posts: 2518 | From USA | Registered: Nov 2011
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surprise
Frequent Contributor (1K+ posts)
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posted
P.S. PANS (Pediatric Acute-onset Neuropsychiatric Syndrome) PANDAS is the 'old' name and acronym, as many discovered and proved that this condition is driven by infections,
NOT just Streptococcus Many, many families found Lyme, Bartonella, Mycoplasama. My daughter's PANS is what led me to discover my own
Lyme disease, I was completely shocked (surprise).
-------------------- Lyme positive PCR blood, and positive Bartonella henselae Igenex, 2011. low positive Fry biofilm test, 2012. Update 7/16- After extensive treatments, doing okay! Posts: 2518 | From USA | Registered: Nov 2011
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Bea Seibert
Posts: 7306 | From Martinsville,VA,USA | Registered: Oct 2004
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randibear
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Member # 11290
posted
We were prevented from suing mom's hospital because it was military but I'm positive we would have had a case. She had lyme I'm sure.
The amount is preposterous and will hinder the outcome making them just look greedy. It doesn't follow that you ask for an exorbitant amount and then get more than you want.
Seen too many cases where they ask for outrageous settlements and it did more damage than good.
-------------------- do not look back when the only course is forward Posts: 12262 | From texas | Registered: Mar 2007
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Lymedin2010
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posted
I am happy the case was won & I say make the numbers even HIGHER. This way everyone's jaws can drop & it will set a new precedence.
Institutions are not taking ticks & Lyme seriously enough. My daughters playground is on grass. Last spring one of my daughter's school mates got a tick on her in the playground.
Posts: 2087 | From NY | Registered: Oct 2011
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'Kete-tracker
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Member # 17189
posted
I sure hope there isn't a ridiculously high settlement in favor of the plaintiff in the YMCA camp case. What that will DO is make the liability insurance unaffordable for many- possibly all- camps in Maryland (& beyond), forcing them to close their gates. Must be a better way than have lawsuits fly.
And I agree, 'nefferdun'... the pathogen doesn't carry an ID card that shows where the disease was actually picked up. But DNA testing *could help* link it to a geographical area ("rural China"?) which is suspected as the source of her sickness.
However, such testing is way too expensive for one case... unfortunately.
What is needed is to give the $$$- not to the lawyers- but to medical research facilities that can develop treatments for such condidtions & hopefully discover a cure.
Posts: 1233 | From Dover, NH | Registered: Sep 2008
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posted
I can see a lawsuit against a Dr but not a camp or school. I mean, really, the camps and schools have no control over every insect out there. The drs, however, DO have control over whether or not they can clinically dx a health issue and if they cannot, they can refer a patient to another Dr who CAN.
$40mm is just a ridiculous amount of money, IMO.
-------------------- Tested positive for Lyme/western blot in May 2010...received standard treatment of doxy for 3wks. Whoop dee doo...symptoms came back in full force following tkr in January 2012. Posts: 46 | From Connecticut | Registered: Sep 2013
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randibear
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Member # 11290
posted
Another thing it will do is cause all the nuts in tbe world to. Ow claim lyme and destroy any credibility for the rest of us.
After that hot coffee cup between the legs case numerous and quite frankly ridiculous cases came up.
Like the guy who was driving an rv and got up and went I to the back of it to get coffee. He said it was not in the directions not to leave.the wheel .....true.....
These large amounts will only attract people out for the millions. Thats why we restricted anyone from discussing our settlements and if they did rhe settlement was null and void.
-------------------- do not look back when the only course is forward Posts: 12262 | From texas | Registered: Mar 2007
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posted
Suing Drs that miss Lyme makes more sense to me. Incompetence. That would start to get attention. Has anyone tried this?
Posts: 360 | From Massachusetts | Registered: Dec 2012
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posted
Nice to see a discussion with differing opinions held intelligently and respectfully. Kudos to the Lyme community.
Posts: 360 | From Massachusetts | Registered: Dec 2012
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randibear
Honored Contributor (10K+ posts)
Member # 11290
posted
Yes bob exactly. Start at the source....the doctors.who say it doesn't exist....
-------------------- do not look back when the only course is forward Posts: 12262 | From texas | Registered: Mar 2007
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