Breast Cancer, Terminated, Lawyer Didn't Appeal the Appeal

[kmcorzine]

What is the name of your state (only U.S. law)? Georgia

 

[kmcorzine]

Breast Cancer Disability Case...Lawyer Failed to Fight Appeal

My lawyer filed a lawsuit against a worldwide corporation for terminating me two days after I revealed to them I found a lump in my breast.

They were aware that it was very likely going to be a breast cancer diagnosis and indeed it was. We lost our case, appealed and lost again. The abundance of overwhelming evidence provided was more than enough to rule a jury should decide the case, let alone for at least one of five Appellate Court judges to see the evidence in the light most favorable to me, yet not one did so. As agreed on, my lawyer didn't appeal the appeal. What can I do about this and what is the statute of limitations? The appeal decision came down in May of 2014.*

 

[quincy]

This single thread is all you need, kmcorzine. The other threads are not necessary. Thanks.

 

[kmcorzine]

I apologize for the error and appreciate you making me aware.

 

[tranquility]

My wife died from breast cancer and had a more obvious issue. It might be time to let it go. The claim is difficult, at best. That you have gone to appeals and lost shows you don't have a winner. At least not a winner unless you convince a really good attorney to litigate it.

I also suggest a re-appeal time has past. It is statutory and the time is short. I don't know the time as I am at home without resources. I am pretty sure you need focus on your health and not litigation. Sorry.

 

[kmcorzine]

Thank you for your opinion and advice. I'm truly sorry for the loss of your wife.

 

[tranquility]

Thank you for your opinion and advice. I'm truly sorry for the loss of your wife.

Thank you. Know that her situation was a difficult one. Cancer is not cancer is not cancer and, as I'm sure you know, just because they call it breast cancer does not mean it is the same as other ones. Each cell is different and each individual is different and each diagnosis is different. My wife happened to have an aggressive cancer that had gone to stage IV before the (prior) age of a woman's first mammogram was recommended. Things were a statistical done deal before we even knew she was sick. But for the magic bean (Herceptin) that latches on to the HER gene that made the cancer (in part) so aggressive, I would have had far less years with her. Funny, but those years were some of the best we had. I take that back, they were the best we had. Interesting how living life as hard as you can makes it better. Something we should all do, diagnosis of cancer or not, as none of us are guaranteed any more trips around the sun.

I pray yours was caught early, is successfully treatable and/or some of the amazing new therapies target your particular issues. If you want to emote privately, you can send a private message. (Not asking about the law, just if you need an anonymous listener.)