Am I screwed ?

What is the name of your state? California

I am a 44 year old male, awaiting a heart transplant due to conjestive heart failure which was caused by the lack of monitoring of clinical trial drugs I was on.

I was dianognosed with Hep C after a routine blood test in May 1998 and confifmed with a liver biopsy in June. My doctor referred me to a world renowed hospital in San Diego for participation in a clinical trial to fight this disease. My part in the study began in March 1999, as I was deemed the perfect candidate for this drug therapy trial. I realized that the side effects of these drugs would last for approx. 4-8 weeks and included severe fatigue, some shortness of breath or lightheadiness and flu-like symtoms. In the begining,I visited the hostpital weekly for routine blood and lab work. I noticed even in July that the side effects of the drugs were not going away, but actually getting worse. Every visit I mentioned these findings to my study coodinator and the lab was even commenting that the labs were showing an alarming rate increase of my pulse rate( 111/July-118/Aug). Whenever I requested to see the study doctor he was on speaking engagements for the drug company that was paying him for this Hep C study and using their experimental drugs. Finally, in late Nov.1999,after the lab informed the study coodinator of the increased pulse rate (133) and continued shortness of breath,lightheadiness, the coodinator contacted the doctor on call, who stopped all trial drugs immediately and set up a ECHO cardiogram for the next day.After the ECHO, I was informed immediately by their top cardiologist that I have conjestive Heart failure and was kept overnight for a angiogram the next morning. Those results showed no blockages. By all indications,it was shown that the lack of monitoring my drug study medications caused my heart to fail.

Since Dec.1999, I have been on heart medications since and hospitalized over 8 times due to heart complications. I am currently awaiting a heart transplant at UCLA due to my failing heart. After contacting a malpractice lawyer about this in Orange County, he notified me that a San Diego lawyer would be taking over this case because the injury occured in that county and judges would more likely respond better to local attorneys. My problem is as follows. From the time this attorney took over the case, she pretty much stated that this would be a hard case to win and for lack of better terms that we would lose this case in court due to lack of evidence showing that they did anything wrong. Even with our expert witnesses and local cardiogist and UCLA transplant doctors giving positive evidence, she felt their expert witnesses would overshadow ours. I even provided her vials of the clinical trial drug that showed quite clearly that they had at some point given me the wrong medication.Thank God I had the hindsight to keep two extra of the vials showing this problem. None of this was ever presented to the other side as evidence .Anyway, I guess I'm screwed, because before the day of trial( June 2002) in a case I was stongly told we would lose, I believe the drug company gave us $400,000 to walk away. It was my understanding at the time this would be for pain and suffering and that my future medical bills would be paid. I have now come to find out this is not true. When my lawyer said my medical care was covered, she meant that MediCare was covering those bills,as that is my primary coverage. My prescipitions, however are not covered by MediCare and run in the thousands per month and I have now been told that they will triple after my heart transplant.I also have to pay any left over deductions, not covered by MediCare, which can often run into the thousands, as well .Is there anything I can do after receiving a settlement? I am a single parent of four children(17, 15 & 20mo. old twins) and the only thing my lawyer said was that they will be allowed to sue for wrongful death and even that clause was just scribbled in on the papers I signed. For less than a years work on this case she earn 120,000. and after paying expenses left me enough for a home for my children and I. I'm not seeking more monetary, but to get this medical help I'll require to live. I sometimes wonder if it wouldn't be better to stop all meds so to provide for my children and die so that they can recover from litagation around my death. Also, is the following considered personal injury? In Dec,2002, I had to have an ICD( Implantable Cardiac Defibiltor) placed inside my chest to prevent sudden cardiac death. Within one month it had gone off 6 times with the last two charges saving my life and had to spend ten more days in the hostpital.( Needless to say ,when this device discharges, the pain is unbelievable.) The hospital charges were over $90,000 and the device in my chest is over $65,000 plus hospital and surgery charges I'm still paying on. Is there anything I can do. I feel misled and betrayed by my attorney's advise to settle quick and my understanding of the whole settlement matter. Am I totatly screwed or what? Thank you for listening.

I wanted to add that this drug company,Schering-Plough, as of Wed.,May 28 is being investigated by the Grand Jury for the same drugs, payments to doctors and clinical study practices that destoyed my heart, family and life.

Best Regards,

Robertu

You can and should see a legal malpractice lawyer now. Your first lawyer does seem to have screwed you. Whenever a lawyer asks for "future medical costs" he means all medical costs will be met by the insurance company that paid the settlement. It should have been written into the settlement at the time your case closed. Obviously the lawyer forgot or just failed to understand what future medical means in a settlement of your kind. MediCal or Medicaid is a poor subsitute for a properly written demand for future medicals. I wonder if you have missed the statute, but a lawyer can answer than one for you. You have no need to "use a lawyer from San Diego County" any lawyer in the State will be able to work your case. I'd say get one from out of San Diego County. Check out lawyers in SF and LA, and even Sacto. Get moving. Your family deserves seeing you get the care you need without paying the price.

Thank you , Mr. Schroder for your quick reply. Am I to understand that I should go after the lawyer for her failure to settle this properly? If so, won't most lawyers steer clear so as not to offend one another? Do I have any recourse with the defendents for having to have the ICD implanted and the ramafications of it going off? Any recommendations for agressive L.A. attorneys to help me. I certainly don't have many resources available to retain a lawyer up front as medical cost have hit me hard in past few months. What type of statues am I looking at? Also, with this Grand Jury indictment pending against the drug company, I'm concerned they will go out of business, thus my children would have no wrongful death suit upon my death as what I believe was stated in my settlement. Any advice is much appreciated.

Robertu

Hi Robertu: I agree with Jack, and I hope he can shed some more light to your questions, and I hope things will work out for you. It's late; I've just returned home; and I don't have the "brain cells" right now to digest your post for what it's worth, but one thing I would be interested to know is what drugs were used on you in this clinical trial? Were you not a candidate for the conventional Interferon or Ribavirin and/or both? I'm so sorry you have been through all of this, and I would hate to think that you missed out on treatment you should have received (or that there is nothing now that you might be able to do about it). There have been some pretty good results in the last few years with chronic Hep C being treated with the Ribavirin and Interferon. In those with genotype 1 Hep C, about 45 - 50% had a sustained viral response after treatment, and in those with genotype 2, there was about an 80% SVR. The side effects from these drugs are indeed horrible from what I understand, but if one can make it through the 6 to 9 months of pure hell during treatment, they are finding these two drugs in combination are more promising than thought a year or two ago. Are you being considered for further treatment for the Hep C? How was your liver on biopsy? Were you deemed on biopsy in need of immediate treatment? You've had a tough row to hoe, indeed. Sorry for all the questions, but I just found your post incredible inasmuch as you are very young and this was Hep C you were diagnosed with (something that certainly deserves the best medicine when it's time for it). Best of luck to you.

hmmbrdzz

I don't know what your energy level is, but if you can do this, go to you Superior Court Clerk's office and run through the index to civil cases. Look for lawyers who have been sued. Separate out those plaintiffs (who file the lawsuit) lawyers who have won trials and go see them. It takes a few days to do this, but it is well worth the effort. Choose the lawyer who is hostile, angry, and maybe even one you do not like. Get an old guy. See him after lunch so you can be sure he doesn't drink his lunch.
The statute I mentioned is the staute of limitations, or the statute that sets out the period during which you can file a lawsuit. After that period all is lost, unless you find a savvy guy who can fight judges.
If you can't do this leg work, then ask someone to help you. My book "Then Why Does It Still Hurt?" tells how to find a lawyer, but what I have told you here is the best way.
I do not recommend lawyers. Burned too many times.
You should not have to pay any money up front. If a lawyer says you have a case that is too expensive, he is not the one for you. You want some guy who has confidence that he will win no matter what.
I hope you can find a lawyer who helps you. You have been ripped off.