Tags
BHR, California, Hip Replacement, Law, Law firm, Magnetic resonance imaging, Medical malpractice, Smith & Nephew, Statute of limitations, UNited States
Hi,
Sorry to hear about your pain and frustration.
I too have a BHR with exactly same symptoms, elevated cobalt and chromium, pain, popping and I feel tired and sick all the time.
After 3 years of struggle, I am getting it out this next Friday.
I am completely on board with the belief we should be compensated for this. Yet, I work in a law firm, went to law school and know lots of attorneys and none want to take the BHR cases.
My statute of limitations is going to toll on pursuing any sort of compensation on 6/1/12.
My firm said I either need to file my suit or forget about it. Have either one of you heard of anyone taking these cases/do you have any attorney?
I know nothing of med malpractice cases and would prefer to have someone handle it who really understands how these cases work. I wish you both the best.
FYI, the following is information for the med malpractice Statutes Of Limitations in California:
A medical malpractice action for injury or death must be brought within ONE YEAR from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Civ. Proc. Code § 340.5 (West 1992). For retained foreign body cases, the statute is tolled until the claimant discovers or should have discovered the injury. Ashworth v. Memorial Hosp. of Long Beach, 206 Cal. App. 3d 1046, 254 Cal. Rptr. 104 (1988), rehearing denied, March 23, 1989.
This whole experience has taken a huge toll on all of our lives. It is just terrible.:/
Please contact me directly if you wish to discuss this more privately.
katkingsley@rocketmail.com
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Earl's View 
Katie, I have emailed you.
Thanks Babara!
Earl
Hi Earl.
I was surprised to see this as one of your main posts. Had I known, I would have re-read it a little more carefully. My SOL tolls 6/1/2012 NOT 2011. I’m still getting used to writing in the new year.
FYI, the following is information for the med mal. SOL in California:
A medical malpractice action for injury or death must be brought within ONE YEAR from the date the claimant discovered the negligent act, but no more than three years from the date of injury. Cal. Civ. Proc. Code § 340.5 (West 1992). For retained foreign body cases, the statute is tolled until the claimant discovers or should have discovered the injury. Ashworth v. Memorial Hosp. of Long Beach, 206 Cal. App. 3d 1046, 254 Cal. Rptr. 104 (1988), rehearing denied, March 23, 1989.
Katie
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You may wish to talk to my attorney Jeff Morris 941-484-0646 or e-mail geoffm@mwk-law.com.
If you have an attorney have your attorney talk to Jeff. We have more to gain by providing each other with information that will help. This will not be a walk in the park by any means, but David and Goliath was not meant to be any type of contest, with Goliath’s size over Davids. As difficult as it is to endure the pain and suffering each day, try to take this undescribable change in our quality of living, and turn this into a productive machine. Productive; first and most important get healthy,exercise,eat healthy, as difficult as it may seem, its in our minds, I go to the gym in my wheelchair. I have all the pain and suffering, but I look at it this way, it may not get any better, my suggestion may help you, try it, can’t hurt. Going to the gym gets me out of the house, its an activity. I feel like I am trapped in a larger version of my hospital room sometimes. I am not allowed to drive, so the county in whch I live provides a bus service that picks me up at my home,takes me where I need to go and brings me home. I have driven a vehicle since 15 1/2 years of age until I had my BHR misfortune.
What I have lost, I will never back, I can’t answer my 8 year old grandson when he asks me when I will be able to walk again or drive so I can pick him up at school and go for an ice cream or just go and have kid fun.
Barbara I think maid mention her attorney friend said to her as to her actions. You can contact me if you like at hbs924@verizon.net. I don’t necessarily agree with what you were told. I am not an attorney, i have just read a lot in the pass 10 months, I have all the time in the world to study about the medical device world, seeing I am disabled and on disability.
This may be my new calling in life; help people like myself any way I can, and to be instrumental in changing a failed system so that our quality of living will never be altered as it has because of metal on metal hips and no others will ever have to go through the disabiling hell that we are living.
Be as positive as you can, a strong will is necessary. However if it is health you want , and justice to be served, you will need to be strong.
Respectfully
Howard Sadwin
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Hello Howard.
Thanks for your reply. I will contact vis private e-mail. I have spoken with you before and I always appreciate your thoughts and opinions.
Best,
Katie
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