Hello all,
I haven't posted in a little bit. Kinda been in a "funk". Been looking at posts but just not having much to say at the time (part of the funk I guess) I started back to Vivatek about a month ago after Dr. Personality told me he wouldn't do the ADR bec. he thinks the disc is improving and as such, cutting back my meds 1/2, although pain level the same...

The chiropractor who oversees the Vivatek treatment says with adjustments, he thinks he can fix the disc--over a 2-4 year period. Very nice guy, what he says makes sense. The adjustments are computerized so he can actually measure the vertebrae to see if they are out of alignment. He feels that since my vertebrae (L1 through L5) have been out of alignment all this time from the accident, that is why the disc tear never healed.

Incidentally, do ya'll remember when I posted about all the doctor errors I have been uncovering? I was looking at my MRI on CD a few weeks back, it bothered me so much that the radiologist and surgeon had completely different thoughts on my status. As I'm looking, the date of birth pops out: They have a DOB of 2/8/44! Which ages me by 30 years or so! As I look closer, they have the wrong patient ID number on it to! I called the manager and made a stink. She assures me it is mine and that she typed in the wrong patient number which pulled the DOB. I am going to check back with the nice dr. I do like and ask him to review and compare the MRIs to be sure it is mine. I tend to think so--hope so anyway as they felt the disc looked like it might be changing.

Anyway--waivered way off my topic but wanted to fill you in a bit.. I have to do my deposition next week with my lawyer and the insurance company lawyers from the guy who caused the accident. I am terrified and wondering if anyone has been through this and has some advice? I get so nervous and I know I will probably get upset and start talking too fast and say something that they will twist on me. I know that is their objective--to find things to use against me in court. I had been hoping to be better by the time the court hearing came around but I was disheartened to hear from the chiropractor that it will take 2-4 years. I did also see a neurologist at the same time for another opinion but his only suggestion is to get one of those implants in my back that you press a remote to cover the pain with tingling. That doesn't seem to me to be a much better alternative. I know someone with it and everytime she goes through security at a store, she gets a surge/shock. Any thoughts or advice on deposition would be appreciated! As always, thanks for listening to my ramblings...

Hi Lee, Why are you being deposed first? When do you depose the defendant? How about both depositions on the same day? Was booze involved? I had a wrong film (female)in with my MRI and Dr. Yannopolous for my IME never even caught it. You should be able to tell.....I think your Chiro is a quack, he ain't gonna fix it. But he may have future testimonial value. I stayed at Chiro for ten years as it was the only pain relief I could get, even it was only for an hour most times, especially near the end. The nerves had grown into my disc tear, that was my pain generator. Deposition advice-show up with crutches and lie on the floor for pain relief if this is your most comfortable position. Tell the truth. Call Dr. Yue. Nice to see you back. You sure have been busy and you must be getting close to a decent diagnosis.

Lee--
Your lawyer should prepare you for the deposition--not in terms of what to say but in terms of simple rules such as listening to the question, not saying more than the question asks, etc. He probably has a videotape you can watch on depositions.
The mix-ups in your films and medical records almost constitute a lawsuit in itself. And I agree with Bill re your chiropractor...
Barbara

Hi Lee,
Note the inaccuracies in your medical documents and make copies of them before having them correctd by the doctor's offices.

Preparing for deposition~ answer only what you are asked. Do not elaborate. They usually want a yes or no answer and sometimes questions can't be answered quite that easily, however, don't elaborate to the point you're "winging it".

Have your story/facts down pat, and don't stray from those facts. This way when you are asked the same thing a different way or multiple times (which the defense does) you will answer the same way.

The defense is looking for inconsistancies in your version of the accident. Don't give him or her any.

Re implants in your spine that release medication, if you are able to tolerate low dose of oral medication for pain, then there isn't really a reason to go to spine pump yet (if at all), at least I don't think there is. Trying to maintain the most conservative route, as long as it's benefiting you seems to make the most sense.

Good luck with the deposition~

Hi Lee,

You should also not mention any previous back conditions or injuries. If an award is offered, previous existing conditions will more than likely be deducted. If you've had a twinge every now and then, and who hasn't, I'd stay away from even mentioning it. Watch out for any drugs that may have helped with little aches and pains because the next question is what aches and pains.

Good luck, Dale

Great advice. Hope you get a good practice session and win.

I hear that these machines can re-herniate or cause disc herniations. But I wouldn't go near a chiropractor with my bad discs, etc. Good luck.

ans

Lee, good luck this week. I am happy to chat some time soon, just PM me your #.

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Lee,
I don't know when your deposition is but I hopt this gets to you in time. You've gotten some great advice here but I would like to add one more thing along with don't elaborate and only respond yes or no: If you don't remember, say you don't remember, do not guess or assume, ever. And if they try to force you to answer or continue asking the question another way, keep saying you don't remember.
Also, you should have the chance a week or so after your deposition to review your deposition make any changes or amendments so you can clean up your responses then.
Hopefully your attorney will go over all of that with you as well.
Good luck!
Andrea

Thank you all for your support and advise. I went through the "interrogation" yesterday. It sortof amazes me that I did nothing wrong--I don't like to say "victim" but I guess that is what I was/am--but I felt like I was the criminal testifying for my life. I was shaking all night and couldn't rest. I took my meds with a couple of "Hard Mike Limeaids" (yummy by the way) just to try to unwind and sleep. I kept replaying it in my head and agonizing over parts I stumbled with.

They asked some really stupid, non-related questions--like the name of the doctor who delivered my son and the street address of my ex-husband, how often we talked on the phone, did I discuss the case with him. I'm thinking afterwards they asked that to gage how I physically responded to other related questions?? I tried to keep eyecontact all the time but couldn't stand having their cold eyes boring into me and looked away to think sometimes...I know there is some theory about when you lie you look to the left or right or something...it un-nerved me that the second lawyer that was with him kept scribbling notes and passing them to the guy who was questionning me--is that part of the intimidation game?

I guess it went okay though. It took 4 hours! My heart was racing so bad, I thought I was going to be sick. They did offer me the opportunity to look at my statements and correct any mis-spellings, so I took them up on that--they will mail it to me.

They stopped sortof abruptly and said they needed a "break" before we even got to the end. They did make an offer to settle but I worry that it won't be enough to cover future medical--my lawyer says to think about it but thinks they will offer a little higher. The chiropractor that I'm trying now with Vivatek and ProAdjuster says I will need treatments 2-4x week for 2-4 years! I do like the chiropractor--very kind and personable--and what he says makes sense...that if the vertebrae are out of alignment from the accident (getting thrown backwards when the seatback collapsed)that the disc would never have an opportunity to heal bec. the vertebrae are not aligned and adding more pressure to the disc. I pray this treatment works--the chiropractor is so confident in himself that he is the one who is going to fix it but I can't help but worry that at some point in the future I will need the surgery and won't have a way to pay for it. My lawyer says that since no doctor can tell me for sure, "yes, you need the surgery and it will cost so-many-dollars" that we can't ask for more money without proof, basically. I can take my chances and go to trial but it is iffy whether I would be awarded the full amount that is left on the-guy-who-hit-me's policy, bec. the surgeon and the chiropractor think the disc is changing for the better. They don't award money bec. "you might need surgery". I really do pray this chiro is right and he is going to fix it--I pray this is the miracle I've been begging for but based on all the errors I've uncovered in my records and differences of opinion, I am guarding and protecting myself so I don't get my hopes up. I fell into such a deep depression when the IDET didn't work.

They did try to get me to give them specific dates and kept asking when I said I couldn't remember (usually dates). I knew what they were up to though and made sure to say repeatedly I couldn't recall the exact date or precisely what the dr. said word-for-word. Said "I believe it was.." If I wasn't sure exactly, I said so. My lawyer said he was happy and I handled it well but as hour 3 rolled around of rapid-fire-questionning, I was getting tired and irritable and achy and started "zoning"--it felt like a tennis match--he slams it over the net, I bat it back, over and over... I had to ask for a break to pull myself together--which I'm sure they took as being evasive or something. I kept hoping my lawyer would pick up on this and ask for a break but he didn't--so I said I needed one.

I know I'm rambling a bit here...my mind is still racing. I wish I had handled a few questions more confidently--I've never done anything wrong--I know that, God knows that. I should have known the dates of somethings or kept a more "leisurely" pace with all the questions so when I needed to gather my thoughts it didn't look so "guilty". Believe me, they picked up on that and hammered away. Thanks again for your advise and for an "ear". I'm so tired of this crap. I finally cried this morning, which is unusual for me, I usually can't control my crying. I thought I was going to start crying before the interrogation started but didn't.

When I was in the lobby waiting, praying, and trying to just breathe, I could "hear" my father (who died) and imagine him with me telling me "Don't let anyone push you around". He wasn't a man of many words but he told me that a few times when he thought I wasn't standing up for myself (with men). Afterwards, I was looking out the window in the "interrogation room" and saw a red cardinal with its mate right underneath the window. My Dad loved birds. I can't recall when I last saw a cardinal-which I believed were his favorite. When I started to get a little "rattled", I could almost invision and hear him standing behind the lawyers telling me "don't let them push you around, stand up for yourself".

You guys probably think I a nut job now, huh? I'm really not!
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Hi Lee-
You seem to have held up well during your deposition. I'm glad you "heard" your dad and saw the cardinals, so perhaps you don't feel that you're completely on your own. I admire you - hang in there and let us know what happens.