So, o.k. I am so confused, and hurt.  Today I got a letter from the person that had opened the bank account.  Apparently they all think so little of me as to believe that if I was to have any of the money I would "not spend it wisely".   I am not hurt over the money, after all it is just money, and not my son, but I am hurt that they are stabbing at me that way.  I just don't get it what have I done?

Secondly,  I talked with an attorney today, that I trust, about filing a lawsuit.  He believes that there is a solid case, but here is where I am confused.....I don't understand about what he was saying where it was "made in china" they may have trouble tracking down the responsible party to get any sort of justified compensation.  My husband is panicing because if we don't win a law suit we will be stuck with attorney fee's.  He is panicing because if we do win we may have to re-imburse the state for the medical expenses incurred through medicaid.  Its like he doesn't think it is a good idea if we do the lawsuit if we don't have a gaurentee that we will win.....but like I told him if we don't do it, we will kick ourselves in the end for not even trying.  I just don't know if I am doing the right thing here.  I feel like I am, many people have told me the only way to have a solid impact is to do the lawsuit so that the people responsible will look more carefully at their products before putting them out on the market..  At the same time though , what if he is right, and we lose?  Are we going to be hurting ourselves with this in the long run?  But then I think why would an attorney take the case if he didn't believe we could win, considering they normally don't take money unless there is money won.  I just don't know.  Does anyone out there have any thoughts, or even any suggestions???? I am so losing my mind more and more every day!

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Comments:

bctri...
Feb. 1, 2008 at 11:44 PM so sorry I can't offer any help...thankfully haven't needed a lawyer for any reason either...hope you get some more replies soon...good luck with the decision...I do think it would help for others to learn of the dangers still and try to change marketing or something, but I would sure hate it to hurt your family more than you are already hurting.

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Sarah...
Feb. 2, 2008 at 12:29 AM I have had a close friend that is an attorney & I have used an attorney in a personal injury suit... They don't take ANY monye if they don't win... NOt even attorneys fees. And so what if you win & have to give the money back to the state... You are right this may make the manufacturer look more closely at their products and their age suggestions... Those are my 2 cents... Hang in there!

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Dixie...
Feb. 2, 2008 at 9:10 AM I don't have an answer for you. I wish I did. Maybe  if you repost this a couple times on her, you may get a mom who is an atty who can answer your questions for you. Good Luck Trinityi.

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alexm...
Feb. 2, 2008 at 2:25 PM

Ok, I'm not and atourney, but I've watched a lot of movies!  Just kidding, but I do want to tell you this:

It seems your husband is focusing on finances (which is my husband's FIRST reaction about any sitation.  Just the other day, I brought Alex to the Dr. for pink eye and the dr. mentioned his many ear infections and the possibility of tubes.  Husband's first reaction when I got home was, "Can we afford that?") That's an innate man thing, the "hunter and gatherer" thing, I guess.

I wonder if you both were to shift your perspective completely in regards to this lawsuit.  Don't look at it like you want any money. Look at it as the fight that Dustin is giving you the strength to do.  You said he is a fighter.  I know you already do look at it this way, but if both of you were on this crusade together, with the 100% belief that you will win. 

There is no room for doubt.  I have told ever single person I know and not only have they said that they will get rid of that toy, but they will never have anything in their house for their children or in their children's reach that has a suction cup on it. 

Think about all of the items that don't even have warnings on it that have those suctions cups.  My son's tooth brugh has one attachted to it.  (It's part of the plastic toothbrush, but I'm sure he could bite it off.)

I am fighting this for you when you are feeling too tired to do it. 

Love,

Carin

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Auror...
Feb. 26, 2008 at 5:47 PM

I am so sorry to hear about your loss, my entire heart goes out to you and your family.

To the legal aspect of things.  I am not an attorney, so take this as you will.  As far as the medical portion...should you win your suit, medi-cal will ask for a portion back as reimbursement, but they only want approximately 10 cents on the dollar, and that is taken directly from your settlement.  Your attorney is also not permitted to take attorneys fees from that portion of the money.  You should find an attorney that will take the case on a contingency agreement and have him verify his advanced costs through you before he spends the money to make sure he is not frivously spending money without your knowledge.  This is obviously going to be a case of many causes of actions, and it will probably take a very long time from start to finish.  Do not get discouraged if some causes of actions are dismissed; that is the reason that attorneys bulk that all up.  There will be many depositions, discovery requests, inspections, interviews, etc., and the more publicity the better.  If you have any questions feel free to ask me, and I truly wish you the very best of luck!

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