Case in court for 14 years-lawyer forced me, against my will, to settle the case for almost nothing despite the pa. Superior court calling the doctor's testimony perjurious.
I had a medical malpractice case against a doctor for whom the surgery was named.in the first trial, where I was at one point forced to represent myself (I am not an attorney), I proved the doctor lied.
In 2 separate depositions he said that facial paralysis was "a major and common complication" of the procedure he did on me (it was named after the doctror.) On the stand he said "unknown".
When I asked which was correct the judge would not let me ask it. At that point I rested my case, knowing it would be 'unsuited' (that the judge would throw it out.)
I went to Michael Fishbein. Now an attorney, we had gone to high school together. I remembered him as a kid of integrity.
I had hoped that translated to adulthood. He took the case and won the appeal, primarily based on my work.
The case was sent back to the lower court after the appeals court said that Dr. - , the defendant, had testified perjuriously.
There was circumstantial proof of 'ghost surgery', where someone else did the surgery, in this case a resident. Dr. &, in his biography, admitted to this practice. There was also a defensive test done that proved the chances of paralyzing my face were great. The results were ignored until after the surgery when the paralysis was 100% present.
I was not referred to any physical therapy and the effects of the paralysis would be life long including daily care of the eye and repeated infections and drying out requiring doctors visits, sometimes weekly.
The next surgeon stated in his report he could not complete his operation because of what was left from Dr. - procedure.
Michael Fishbein, and his associate, Robert - , got the wrong expert. They did not talk to me about the specifics of the injury and subsequent incapacities. They did not have me evaluated by physical therapists or reconstructive surgeons. The only expert that I was sent to was a vocational rehabilitation expert. That was barely a blip on the record of damages incurred, although because the next doctor was unable to do his surgery it meant that the facial pain that disabled me would now most probably never be fixable (and it has not been)
No interrogatories or depositions were taken. 2 months before we were scheduled for trial I told Mike "You are not acting as my advocate." He replied (and he has denied this) "I have been doing this for 20 years and after all that time you lose your zeal (sic) for this.
The Judges had already turned down continuations in the past for the initial case and there was nothing I could do. The Friday night before the case was to start Robert & called me 7 times in a 2 1/2 hour pewriod. He said I needed to settle the case. Each time he called the amount was lower, starting at $250,000 for a case worth much more.
By the 7th call I was crying. He was now down alot (I am unable to say the exact amount). I told him, "You're supposed to be going up." and crying harder said, "I dont care, just get rid of it." He had worn me down so much I could not fight him anymore.
Monday morning I called Michael Fishbein and told him, as the law allows, that I DID NOT accept the settlement. He told me I had no choice, I had to.
I was beaten down by these men. I told them innumerable times it was not acceptable. They told me I had no choice; I had to take the settlement.
(Within the month Dr. & name was brought forth as nominee for secretary of health for the state of Pa.)
I did not sue Michael because he had been complainiing to me about his life. He seemed so sad I thought that was his punishment for being such a lazy and incompetant attorney. (I know what a sap that makes me.)
It was about 3 tears later (after the statute of limitations ran out for suing him) I found out he had a lot of zest while he had my case. He used it as lead lawyer for the Phen-fen diet drug case where he won a $58,000, 000.00 settelment and alledged 8 million dollar fee for himself and firm.
He did the least amount of work for the most money as he received a fee of $60,000 for doing nothing but an appeal brief.
Carol
lansdale, Pennsylvania
U.S.A.
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