Law makes it impossible to sue - Hi-Desert Star: Letters To Editor

Law makes it impossible to sue

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Posted: Saturday, September 29, 2012 5:30 am

I am an 86-year-old veteran disabled from injuries first in World War II, then, as if that weren’t enough, drafted again in the Korean War, (had) more problems and then (was) discharged.

I’ve had a lot of pain over the years from the above injuries and I surely do not need any more problems, but as my luck goes, I have received a very extreme paintball injury from an X-ray shield thrown upon me. I was told later this shield was defective and thrown out because all the materials had gone to the bottom. This heavy, defective shield was thrown up from me lying flat on an X-ray table and hit me between my legs, causing a large 8-inch bruise on my upper leg plus injuring my testicles, leaving me with constant pain and making it difficult if not impossible to drive a car, sit and try to get a night’s sleep. I am now told I have a cyst due to this injury.

I was told by the board a couple of organizations that would help me. They also mentioned hiring an attorney. I thought I would give this a try. I contacted eight or 10 different attorneys; all turned me down. After I questioned them why, the answers all came down to the same. According to law, I’m told, on this type of suit, the maximum you can sue for is $250,000, no matter what the injury, perhaps even including death. For this amount, (after) the attorneys time and payment of witnesses for expert testimony and other expenses, there is nothing left. Most attorneys I talked to do not handle this type of lawsuits because of this.

I don’t know who put this law into play, but I had tried to hire an attorney over the one-year time but couldn’t. Now, because of this law, the one-year statute of limitation has run out. The question would be, does this amount fit any injury? I would say not and now because of this, I cannot hire an attorney and have lost my case.

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  • Dave Peach posted at 8:24 am on Sun, Sep 30, 2012.

    Dave Peach Posts: 2998

    Amnesia and hypocrisy can be convenient but they remain obvious and absurd.

    " I would like to offer a sincere apology for those who would try to turn your issue into a political baseball bat to beat their biased and untrue agenda..."; "California has always been led by democrats (not republicans) and this state and the people in it, have suffered as a result of poor political choices."

    Arnold, Wilson, Reagan, Jarvis, insurance conglomerates, federal court appointments...

    Courts routinely allow twice the amount of the medical costs for pain and suffering. Unless injuries can be attributed to damages other than a bruise and a cyst, both of which should be easily remedied, the case would indeed be unworthy of pursuit. Conversely, a small claims court would probably suffice.

    Qualifications for treatment and pain relief by the Veterans Administration seem obvious, however often inadequate. Substantiating the cause of the injury probably requires a better explanation by medical personnel:

    "... paintball injury from an X-ray shield thrown upon me."?

    Sympathy and concern appears unlimited. But unless intimately knowledgeable regarding specific contributions, gratitude isn't always appropriate. Self-service is often more intentional and profound than sacrifice. Many veterans, such as one in particular, could have better served our country by leaving the country or by serving time in prison for refusal to participate. The lingering consequences could hardly have been worse. Boy howdy.

    Impressive and factual response, Tom.

    However suspicious, questionable and inconclusive this particular case, see also: increasingly mandatory, misleading and inadequate arbitration agreements.

  • Wake-up-Call posted at 9:14 pm on Sat, Sep 29, 2012.

    Wake-up-Call Posts: 5

    Dear Mr. Spencer,
    I would like to personally thank you for your service to this Country. I would like to offer a sincere apology for those who would try to turn your issue into a political baseball bat to beat their biased and untrue agenda into the minds of readers with total disregard for your problem.
    It is true that there is a one year statute of limitations in California for medical malpractice claims. The one year statute begins either at the time of the injury OR at the time you were made aware of the severe nature of your injury. You should be made aware that there are special circumstances including your age, that may cause a judge to extend the statute of limitations. Please do not give up on your search for justice. If I understand your post correctly, it sounds as though you were injured during a medical procedure by defective equipment.? If that is the case, then you may want to consider a personal injury lawsuit against the manufacturer of the medical equipment. (2 year statute of limitations) That is another option that may be available to you. I typed "statute of limitations for medical malpractice lawsuit" into to find information about the statute of limitations, which provides several attorneys links who help with this kind of problem. I would also go to to type in "medical equipment liability lawyer" to find an attorney who may be able to help you. There may be an advocate at the community center who can assist you in your search or in filing the court papers needed to help your cause.
    On another note, California has always been led by democrats (not republicans) and this state and the people in it, have suffered as a result of poor political choices. The workers compensation program is the worst in the civilized world and many people suffer as a result of it. Promises are made and not kept by the typical democrats elected in this state. The unions are very big supporters of the democrat party and I must remind your previous poster that the medical establishment is union and the attorneys belong to a union. I need not explain further to those who have the eyes to see and the ears to hear.
    Best wishes on your quest for justice. As it has been said many times, It is not over til the fat lady sings. There is always hope for justice, don't give up.

  • tomloret posted at 7:03 am on Sat, Sep 29, 2012.

    tomloret Posts: 411

    Dear Mr. Spencer,
    I am sincerely sorry to hear of your injuries and ongoing pain. This is an obvious disaster to have happened to you, especially at this stage of your life when comfort, respect and the generosity of the community you've helped defend seems to lack all conscience and responsibility. I hope that your brave efforts to seek solace and well-being can be restored.

    But as to your question regarding the "who put this law into place," goes directly to the republican party that has championed tort reform as a major plank in its political platform. Thanks to their efforts corporations and institutions have close to carte blanche when it comes to the consequences of their carelessness, pollution, environmental destruction, violence against others and all sorts of medical malpractice. So to answer your question as to the "who" part...I would guess it is most of your neighbors who vote for these policies and those who support them.

    Again, I'm sorry for your injuries and do hope you'll find a speedy resolution.


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