VA's Peer review

[rod]

The regional office keeps saying "next" week the peer review should be done.  They've said it for over 2 months. Should I be concerned with the delays?

[rod]

Now the hard part. Trying to put a value to my case and negotiating a settlement.  

Having a wrong diagnosis and being treated for 7 years. I was diagnosed with multiple sclerosis. Long story but turns out I never had multiple sclerosis.  I was treated with one MS drug that caused my liver to have problems for a short time. Then was placed on Copaxone which is a MS drug that's injected daily. Gave myself around 2000 injections.  Those injections feel like getting stung by a wasp. 

The way I was diagnosed is the problem. 

How does someone put a dollar value on something like this.  Thinking I have a disease that could potentially kill me, be blinded, end up in a wheel chair  and so on.  I thought this could've happened for 7 years. If not for a private neurosurgeon doubting the diagnosis I would still think I had MS.

[Berta]

One thing you need to do is find out if your state has a cap on out- of -court settlements.That cap controls how much you can get.

If you don't accept what they offer and they wont pay more, you can always file in Federal Court.

You can also file under 1151 for these disabilities but there will be an offset to any 1151 money they pay you under a settlement.

I have seen cases whereby widows settled for ridiculously small amounts under FTCA wrongful death cases, because they didnt have lawyers and/0r  they didn't have the ability to negotiate higher .

Once the GC attorney open negotiations,keep the state cap in mind (if your state has one) and do not let them intimidate you into taking anything you feel is too low of an amount.

If you google your state and then FTCA settlements, I am sure something will pop up.

 

 

[rod]

Thank you Berta. The Malpractice occured in South Dakota.  South Dakota has non-economic damages capped at $500,000.

I've seen the ridiculously low amounts widows have settled wrongful death cases. Early on in my case they wanted my tax returns from last year until I told them I wasn't seeking lost wages and told them I didn't see no reason for them needing that information. The only purpose I see in tthem really wanting that info is to lowball poor people. 

Berta was there a lot of back and forth when you negotiated?  I'm wondering how long I should wait to respond to their offer and how much to lower my demand. I don't want to be a pushover and don't want to come across to rigid and not willing to negotiate. 

The negotiations part is going to be far harder than any other part of this claim.  I just hope they negotiate fairly since I have no attorney. 

[TexasMarine]

Sorry Rod, but I don't think any "settling" attorney will be "fair". 

 

[rod]

TexasMarine you are correct. Should've said not lowballing the hell out of me.

[GuaymasJim]

 The RC has $100,000 settlement authority.  OGC has $250,000 authority.  If you go to federal court, the assistant US attorney has almost unlimited resources to fight you.  Mine spent more than my claim.  Make them put the first offer on the table and work from there.  I believe $70,000 is the standard first offer.

Good luck!