Wednesday, October 21, 2009

Workmen's Comp Lawsuit - Part 2

To review, the causes of my disease are: organic dusts, mold or fungus. During this time period, I was under the assumption that I had contracted this disease from mold in the portable. Much later, a friend had some fungus in her lung and was being treated with an anti-fungal drug. I asked Dr. K. why I was never treated with these drugs. She said that they had tried to grow mold and fungus from my lung biopsy but there was none present. She said that my disease was from organic dust and probably caused by the rats. The insurance company lawyers and investigators never put two and two together. They spent thousands of dollars on mold reports. It was never about mold. It was about rats.

We deposed the Head of the school. I sat in on the deposition but was not allowed to speak though I did pass notes to my lawyer when necessary. We were a good team.

He asked her a lot about the rat problems at the school and she admitted to having a constant problem not only around the grounds of the school but in our portable. On the conference table sat a stack of mold reports measuring at least 2-1/2 feet high. These reports compared the inside mold numbers against the outside mold numbers. It was amazing that the outside mold numbers improved as the inside numbers got better. We had discovered that the tests were taken just after turning off the industrial sized hepha filter fans. What a joke. CYA reports.

Throughout the deposition, the Head kept referring to the mold reports as proof that there was no unusual ratio between the inside and outside mold levels therefore, not the cause of my disease. Towards the end of the deposition and with brilliant timing with his hand on the huge stack of mold reports, my lawyer asked, “If there was no problem with mold in her portable why so many mold reports?” There was silence. They look down at the table, to the floor, they shuffled in their seats until the Head said, “We were just worried about her health.”

My lawyer said that he wanted a moment with me. We walked outside where they could not see us and I was shocked when he started to do a little dance and was smiling. This was not the lawyer I had grown to know! “We got them! She admitted to a huge rat problem. Judges don’t understand mold. Judges understand rats!”

That was the tipping point.

Later, as the new insurance lawyer deposed me, she tried to challenge the rat problem. My lawyer responded that the issue was already on the record by the Head of the school. The lawyer was not happy.

Another year passed.

We arrived at the State building in early 2008. They wanted to settle, we agreed on a dollar amount but they would not pay for future medical for my lungs. Medicare would not pay for them either as they felt that it was not their fault that I was ill. I was going to have to pay the bills for any future costs for my lungs. Talks broke down.

Another year passed.

In February 2009, we arrived at the State building expecting another mediation hearing – we had recently been to 2 or 3 other useless ones. Our lawyer said they wanted to settle. Today. They would pay for a third party to place a dollar amount – in Medicare dollars – on what my damaged lungs were going to cost until death. The insurance company would agree to give that money to me to put into a separate account which can be audited by the State. Medicare would bill me for any services for my lungs. If the fund ran out before I died, Medicare would then cover all medical costs. This is called a Medicare set-aside.

We settled. It was so anti-climatic. With the judge making copies and the comment of, “It is a fair settlement. Congratulations,” we shook hands with our lawyer and walked outside to the car. It was surreal.

It was over.

No more lawyers, no more investigators, no more insurance doctors, no more waiting. We would finally begin to plan for our future.

Next: The Less Terrifying Dr. K.

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