Re: [MedicaidforHDOT] and cerebral palsy

[Guest guest]

>Sen. was my Grandson's attorney. We won. He is a

>compassionate man when it comes to CP and children as well as disabilities.

>He is also a potential advocate for HBOT. In fact, has referred

>clients to us for hbot. Although I do not support the Democratic Party

>because of my opposition to same sex marriage and abortion as well as other

>moral issues, I will vote for . He is a brilliant man, and can get

>things done. Most of all he will be a friend to children with CP. In

>addition, he is totally against NAFDA which would win my vote without the

>other plus's.

>We need a friend in the Whitehouse. It could be a huge step forward for

>HBOT for brain injury.

> Hartsoe

>

'Increased the Cost of Medicine', Former Associate Says

By Marc Morano

CNSNews.com Senior Staff Writer

February 10, 2004

(CNSNews.com) - A former North Carolina obstetrician who served as an

expert witness and consultant to Sen. during his days as a

trial lawyer, now accuses the Democratic presidential candidate of

increasing the cost of medicine and forcing doctors into retirement in the

senator's home state.

" What he has done with those lawsuits is increased the cost of medicine,

and he has not changed the practice of medicine in a way that you can see

that there are fewer cases of cerebral palsy, " Brannan said in an

interview with CNSNews.com.

As CNSNews.com first reported on Jan. 20, won record jury verdicts

and settlements by arguing that in certain cases, obstetricians and the

hospitals where they practiced had been responsible for botching the

treatment of women in labor and the delivery of their babies.

It was that botched treatment, argued, that resulted in the infants

sustaining either brain damage or developing cerebral palsy, a brain

disorder that causes motor function impairment and lifelong disability.

Brannan, the chief medical officer of Mission Hospitals in Asheville, N.C.,

said he was forced to end his obstetrics medical practice this year because

of skyrocketing medical insurance premiums. Brannan said he consulted for

in an attempt to " bring only the valid cases into the legal system. "

' campaign metaphors about standing up for the poor and

underprivileged in the battle between the " two Americas " does not resonate

with Brannan.

" I have some argument with ['s] idea that he's out there to help the

poor person and that he's out there helping all. No, he was very selective

in his cases, and went for those that were going to go for large

judgments, " Brannan said.

" He was not an individual that would go out and help the poor person who

needed help in a low-dollar amount. If you look at his cases, they were all

high-dollar amounts and he didn't work for low-dollar settlements, " he

added.

Brannan's role as a consultant and sometimes expert witness for and

his legal firm allowed him to see 's career up close.

" He was an expert at getting [cerebral palsy cases] settled without going

into the courtroom, " Brannan said.

Brannan is very skeptical of ' and other trial lawyers'

accomplishments in seeking to blame infant cerebral palsy cases on botched

labor and deliveries.

" I don't think that there is a correlation between bad medical practice and

the incidence of cerebral palsy, " Brannan said.

" Studies that we have done have found no changes in the incidences of

cerebral palsy occurring either with increased vigilance...or the increase

in C-section rates that have occurred, " he said.

Despite the scientific evidence, Brannan is not optimistic that medical

malpractice cerebral palsy cases will fade from the courtroom anytime soon.

" Most juries have a live person in the room that they feel sympathy for,

and it's very hard to make the cold statistics of a scientific study cancel

out the sympathy that they feel, " Brannan said.

" So most of juries, knowing that there are insurance policies behind all of

these [cases], will then want this family to have something to be able to

provide care for the child, " he added.

defends legal career

has conceded that infant cerebral palsy usually is not the fault of

the doctors who deliver the baby -- even though he argued otherwise in his

days as a trial lawyer.

According to an article in the New York Times on January 31, " ...Mr.

did not dispute the contention...that few cases of cerebral palsy

are caused by mishandled deliveries. " did say that during his legal

career, he represented only the few cases that were the exceptions to the

rule.

was responding to allegations first reported by CNSNews.com on Jan.

20. The CNSNews.com report noted that a large part of ' legal career

was based on " junk science, " which he used to win hugely lucrative legal

judgments or settlements against the medical profession.

The outcome of those cases, many of them dealing with the debatable cause

of cerebral palsy in infants, made a rich man, allowing him to

self-finance a 1998 run for the U.S. Senate from North Carolina and

position himself as a presidential candidate in 2004.

The CNSNews.com report pointed to medical studies, dating back to at least

the 1980s, which asserted that doctors could do very little to cause

cerebral palsy during the birthing process. Two new studies in 2003 further

undermined the scientific premise of the high-profile court cases won by

.

now insists that the cerebral cases he represented were the exceptions.

" I took very seriously our responsibility to determine if our cases were

merited, " told the New York Times in the January 30 interview, just

days after refusing to answer CNSNews.com's questions on the same topic.

" Before I ever accepted a brain-injured child case, we would spend months

investigating it, " added.

The Times article noted that between 1985 and 1995, " filed at least

20 similar lawsuits against doctors and hospitals in deliveries gone wrong,

winning verdicts and settlements of more than $60 million, typically

keeping about a third. "

'Crisis'

Brannan believes that did his part to contribute to the American

Medical Association's listing of North Carolina as one of the " crisis

states " for rising liability insurance.

Many physicians in the state are opting to quit their practices because

they cannot afford the insurance premiums, according to Brannan.

The hospital that Brannan now serves as the chief medical officer also has

been the target of and his law firm.

" Our hospital (Mission Hospitals, formerly St ph's) had two major suits

brought by ['s] law firm -- one of which he was able to prevail and

got a judgment, and another one his firm lost, " Brannan noted.

Brannan said he personally was forced to stop his obstetrics practice when

his insurance premiums shot up.

" My premium two years ago was $44,000 a year, and my insurance carrier

notified me that if I wished to continue practicing, it was going up to

$68,000 for this year, " Brannan said.

" I chose to discontinue my Ob privileges, because I would have to deliver

68 babies just to pay the premium before being able to pay any office

expenses. " He also said that his premiums were lower than those of many

other doctors because of his affiliation with a hospital.

The small practitioners are hit the hardest by rising insurance, Brannan said.

" Liability premiums are the same whether you deliver one baby a year or 300

babies a year, " he explained.

" The town of lin, North Carolina, lost their sole Ob/Gyn practitioner,

so now the women in that town are having to travel over a mountain pass to

a neighboring city in order to get obstetrical care, " Brannan said.

http://www.cnsnews.com/ViewCulture.asp?Page=%5CCulture%5Carchive%5C200402%5CCUL2

0040210a.html

[Guest guest]

Sen. was my Grandson's attorney. We won. He is a

compassionate man when it comes to CP and children as well as disabilities.

He is also a potential advocate for HBOT. In fact, has referred

clients to us for hbot. Although I do not support the Democratic Party

because of my opposition to same sex marriage and abortion as well as other

moral issues, I will vote for . He is a brilliant man, and can get

things done. Most of all he will be a friend to children with CP. In

addition, he is totally against NAFDA which would win my vote without the

other plus's.

We need a friend in the Whitehouse. It could be a huge step forward for

HBOT for brain injury.

Hartsoe

[MedicaidforHDOT] and cerebral palsy

> From

>

http://www.nytimes.com/2004/01/31/politics/campaign/31EDWA.html?ex=107725320

0 & en

> =08fcb57f5e4d2435 & ei=5070

>

> In Trial Work, Left a Trademark

>

> By ADAM LIPTAKand MICHAEL MOSS

>

> Published: January 31, 2004

>

>

> In 1985, a 31-year-old North Carolina lawyer named stood

> before a jury and channeled the words of an unborn baby girl.

>

> Referring to an hour-by-hour record of a fetal heartbeat monitor, Mr.

> told the jury: " She said at 3, `I'm fine.' She said at 4, `I'm

> having a little trouble, but I'm doing O.K.' Five, she said, `I'm having

> problems.' At 5:30, she said, `I need out.' "

>

> But the obstetrician, he argued in an artful blend of science and passion,

> failed to heed the call. By waiting 90 more minutes to perform a breech

> delivery, rather than immediately performing a Caesarean section, Mr.

> said, the doctor permanently damaged the girl's brain.

>

> " She speaks to you through me, " the lawyer went on in his closing

argument.

> " And I have to tell you right now, I didn't plan to talk about this, right

> now I feel her. I feel her presence. She's inside me, and she's talking to

> you. "

>

> The jury came back with a $6.5 million verdict in the cerebral palsy case,

> and Mr. established his reputation as the state's most feared

> plaintiff's lawyer.

>

> In the decade that followed, Mr. filed at least 20 similar

lawsuits

> against doctors and hospitals in deliveries gone wrong, winning verdicts

> and settlements of more than $60 million, typically keeping about a third.

> As a politician he has spoken of these lawsuits with pride.

>

> " I was more than just their lawyer, " Mr. said of his clients in a

> recent essay in Newsweek. " I cared about them. Their cause was my cause. "

>

> The effect of his work has reached beyond those cases, and beyond his own

> income. Other lawyers have filed countless similar cases; just this week,

a

> jury on Long Island returned a $112 million award. And doctors have

> responded by changing the way they deliver babies, often seeing a

> relatively minor anomaly on a fetal heart monitor as justification for an

> immediate Caesarean.

>

> On the other side, insurance companies, business groups that support what

> they call tort reform and conservative commentators have accused Mr.

> of relying on questionable science in his trial work. Indeed,

there

> is a growing medical debate over whether the changes have done more harm

> than good. Studies have found that the electronic fetal monitors now

widely

> used during delivery often incorrectly signal distress, prompting many

> needless Caesarean deliveries, which carry the risks of major surgery.

>

> The rise in such deliveries, to about 26 percent today from 6 percent in

> 1970, has failed to decrease the rate of cerebral palsy, scientists say.

> Studies indicate that in most cases, the disorder is caused by fetal brain

> injury long before labor begins.

>

> An examination of Mr. 's legal career also opens a window onto the

> world of personal injury litigation. In building his career, Mr.

> underbid other lawyers to win promising clients, sifted through several

> dozen expert witnesses to find one who would attest to his claims, and

> opposed state legislation that would have helped all families with

> brain-damaged children and not just those few who win big malpractice

> awards.

>

> In an interview on yesterday, Mr. did not dispute the contention

> that the use of fetal heart rate monitors leads to many unneeded Caesarean

> deliveries or that few cases of cerebral palsy are caused by mishandled

> deliveries. But he said his cases, selected from hundreds of potential

> clients with the disorder, were exceptions.

>

> " I took very seriously our responsibility to determine if our cases were

> merited, " Mr. said. " Before I ever accepted a brain-injured child

> case, we would spend months investigating it. "

>

> As for the unneeded Caesareans, he said, " The question is, would you

rather

> have cases where that happens instead of having cases where you don't

> intervene and a child either becomes disabled for life or dies in utero? "

>

> A Talent for Trials

>

> Lawyers in North Carolina agree that Mr. was an exceptionally

> talented lawyer, endowed with a prodigious work ethic, native

> self-confidence, good looks, charisma and an ability to talk about

> complicated subjects in accessible language.

>

> That, said his former partner Wade M. , is a lethal combination in a

> trial lawyer. " People don't see him coming until it's too late, " Mr.

> said. " It's true in politics and it was true in the law. "

>

> Even Mr. 's former adversaries give him grudging praise. " He has

an

> ingratiating way, " said Dewey W. Wells, a former state court judge in

North

> Carolina who litigated against Mr. as a defense lawyer,

> " particularly with jurors and particularly with women on juries. "

>

> Mr. tried his first big personal injury case in 1984, seven years

> after graduating from the University of North Carolina law school. He had

> clerked for a federal judge, worked briefly for a firm in Nashville and

> then joined Tharrington, & Hargrove, a small firm in Raleigh, N.C.,

> with only a limited litigation practice.

>

> The firm took the case that resulted in Mr. 's first big jury

> verdict as a favor to a state senator and lawyer who had let it languish.

> Mr. , then a young associate, got the assignment because it was

> considered a loser.

>

> " I said, `Let's dump the file on 's desk,' " said Wade H. Hargrove, a

> former partner at the firm.

>

> The plaintiff in the case, E. G. Sawyer, was disabled as a result

of

> what Mr. said was an overdose of a drug used in alcohol aversion

> therapy. O. E. Starnes, who represented the hospital, had never heard of

> Mr. .

>

> " He came over here and ate our lunch, " Mr. Starnes said.

>

> The jury awarded Mr. Sawyer $3.7 million.

>

> " That created a buzz, " Mr. Hargrove said. " The revenue that he was

> producing was an out-of-body experience. would pick up an $800,000

fee

> for making a few phone calls. "

>

> In the years that followed, Mr. handled all sorts of cases. He

> litigated contract and insurance disputes. He sued the American National

> Red Cross three times, claiming that the AIDS virus was transmitted

> through tainted blood products, and obtained a confidential settlement in

> each case. He defended a Wilmington, N.C., newspaper owned by The New York

> Times Company in a libel suit.

>

> In 1993 Mr. founded his own firm with an old friend, F.

> Kirby. Now known as Kirby & Holt, the firm boasts on its Web site that it

> still holds the record for the largest birth-injury settlement in North

> Carolina.

>

> J. Dayton, editor of The North Carolina Lawyers Weekly, which

> frequently published summaries of Mr. 's trial victories and

> settlements, based on information his firms provided, said his stature was

> uncontested.

>

> " On the plaintiffs' side, he was absolutely the top one, " Mr. Dayton said.

>

> Parents Felt He Cared

>

> Something more than Mr. 's reputation attracted and Sandy

> Lakey of Raleigh, N.C., the parents of a young girl injured in a swimming

> pool. The Lakeys say all the lawyers they interviewed except Mr.

> wanted one-third of any award, which one of them predicted would not

exceed

> $1.5 million. Mr. offered to take a smaller percentage, unless

the

> award reached unexpected heights.

>

> In 1997, it did. A jury awarded the Lakeys $25 million, of which Mr.

> got one-third plus expenses.

>

> He so impressed the Lakeys that they worked as volunteers in his Senate

> campaign the next year.

>

> " I know how intelligent he is, how capable and how deeply he cares, " Ms.

> Lakey said.

>

> In some ways, he might even have been too successful. In response to a

> large punitive award against a trucking company whose driver was involved

> in a fatal accident, the North Carolina Legislature passed a law that

> barred such awards unless the employee's actions had been specifically

> approved by company officials.

>

> Over time, Mr. became quite selective about cases. Liability had

to

> be clear, his competitors and opponents say, and the potential award had

to

> be large.

>

> " He took only those cases that were catastrophic, that would really

capture

> a jury's imagination, " Mr. Wells, a defense lawyer, said. " He paints

> himself as a person who was serving the interests of the downtrodden, the

> widows and the little children. Actually, he was after the cases with the

> highest verdict potential. would probably admit that on

> cross-examination. "

>

> The cerebral palsy cases fit that pattern. Mr. did accept the

> occasional case in which a baby died during delivery; The North Carolina

> Lawyers Weekly reported such cases as yielding settlements in the

> neighborhood of $500,000. But cases involving children who faced a

> lifetime of expensive care and emotional trauma could yield much more.

>

> In 1985 he handled his first cerebral palsy case, for ,

> the girl whose voice he recreated at trial. In his book " Four Trials, " Mr.

> described the case as an uphill battle. The doctor was esteemed

and

> worked at a prestigious teaching hospital. Mr. 's associate

> interviewed 41 obstetricians before finding one local doctor who would

make

> a good witness.

>

> It was clear which evidence would be crucial: " I had to become an

overnight

> expert in fetal monitor readings, " Mr. wrote.

>

> In other cases, too, his colleagues say, the fetal monitor readings would

> constitute the key evidence.

>

> " It's just like a black box in a car, " said B. Abrams, Mr.

> 's co-counsel in a cerebral palsy case settled for $1 million in

> 1995. " You know when a truck driver was driving too fast. "

>

> Doctors say that is an oversimplification.

>

> " It seems to me that only trial lawyers are experienced at reading fetal

> monitor strips and are able to tell me exactly when infants became

> asphyxic, " or deprived of oxygen, said Dr. J. West Jr., an

> obstetrician and the president of First MSA Inc., which administers health

> care savings accounts.

>

> In any event, Mr. 's closing argument in the case still

> resonates in North Carolina.

>

> " It would have been a very, very cold heart that was not reached by that,

> because Senator lived in that case, " the judge who presided over

> the trial, Herbert O. , said in a recent interview. " That was

> , and was that case. He projected that oneness with his

> client and carried that to the jury, and he did it well. "

>

> The lawyer on the other side, Clay, agreed.

>

> " I was thinking that is really a bold thing to do, " Mr. Clay said. " There

> is not really one lawyer in a thousand who could do that without having it

> turn against him because he is being hokey. It's just such a blatant

appeal

> to emotions, like putting up a sign: `I'm appealing to your emotions.' But

> could get away with it. "

>

> Not entirely. Five weeks after the verdict, Judge ruled it

> " excessive " and said it appeared " to have been given under the influence

of

> passion and prejudice, " adding that " the evidence was insufficient to

> support the verdict. " He gave the s a choice: They could accept

> half of the $6.5 million the jury awarded or face a new trial. They

> declined to take half, appealed the case and eventually settled for $4.25

> million.

>

> Next weekend, members of the Birth Trauma Injury Litigation Group of the

> Association of Trial Lawyers of America will gather in Atlanta for a

> two-day conference. On the agenda the first morning: " Electronic Fetal

> Monitoring: Understanding How the Strips Can Help or Hurt Your Case. "

>

> A Medical Advance Is Rethought

>

> Electronic fetal heart monitoring was introduced in the 1960's to great

> fanfare. Advocates thought it would prevent most cerebral palsy by

> providing continuous immediate data on how babies were weathering labor

and

> delivery.

>

> But in the 1980's, scientists began to challenge the premise that medical

> care during delivery had much to do with cerebral palsy. Studies concluded

> that 10 percent or fewer of cases could be traced to an oxygen shortage at

> birth. The vast majority of children who developed cerebral palsy were

> damaged long before labor, the studies found.

>

> Then a series of randomized trials challenged the notion that faster

> delivery could prevent cerebral palsy. Reviewing data from nine countries,

> two researchers reported last year that the rate of the disorder had

> remained stable despite a fivefold increase in Caesarean deliveries.

>

> Dr. Karin B. , a child neurologist with the National Institutes of

> Health, says the notion that paying greater heed to electronic monitoring

> will prevent brain injuries remains just that, a notion. " Evidence of high

> medical quality contradicts the assumption that the use of electronic

fetal

> monitoring during labor can prevent brain damage, " Dr. said.

>

> Mr. 's colleagues in the plaintiffs' bar do not accept that

> analysis. " You find me a low C-section rate, " said B. Cullan, a

> doctor, lawyer and co-chairman of the trial lawyer association's birth

> trauma group, " and I'll show you children in wheelchairs. "

>

> Mr. 's former colleagues in the plaintiffs' bar certainly support

> his candidacy. His campaign is disproportionately financed by lawyers and

> people associated with them, according to the Center for Responsive

> Politics, which calculates that about half of the $15 million he has

raised

> comes from lawyers. People associated with Baron & Budd, a Dallas law

firm

> noted for its work on behalf of plaintiffs in asbestos cases, contributed

> $77,250, the largest amount, the center found.

>

> Mr. has declined to discuss his fees as a lawyer or the size of

his

> personal fortune. Senate disclosure forms suggest that he is worth

anywhere

> from $12 million to $60 million.

>

> Some say that the biggest losers in litigation over brain-damaged babies

> are the parents of children whose cases are rejected by lawyers.

>

> " For the one or two who got a substantial jury verdict, " said W.

> Jr., a former state representative in North Carolina who practices

> law in Durham, " there were 99 that did not get anything, either because

> they were not able to finance litigation or their claim was questionable. "

>

> " The real issue, " Mr. added, " is who knows what causes these kinds

> of medical problems? "

>

> He said he planned to bring up the issue of compensation with a state

> commission that is studying medical malpractice. One approach would be to

> limit awards and create a fund to be shared by all families with similarly

> afflicted children.

>

> This is not the first time Mr. has championed the idea. In 1991,

his

> legislation to create such a fund was defeated, in large part by the

> state's trial lawyers. Among those who spoke out against the bill was Mr.

> , who called it a baby tax.

>

> But Mr. says he had lined up another financial source. Insurance

> companies hard hit by malpractice suits had agreed to subsidize the fund.

>

>

> ```````````````````````````````````````````````````````

>

>

> Freels

> 2948 Windfield Circle

> Tucker, GA 30084-6714

> 770/491-6776 (phone)

> 770-234-5757 (fax)

> mailto:dfreels@...

>

> http://www.freelanceforum.org/df

>

>

>

>

> _._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._.

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[Guest guest]

It is indeed very interesting that almost every parent who had a case

against irresponsible doctors have tried to find a lawyer to take that case.

I stand by my statements. In addition, it takes a smart mind to serve as

President. certainly fits that category. I repeat, it would be

nice to have a friend in Washington in our fight for HBOT for brain injury.

In addition, Medical Malpractice insurance has increased all over the USA,

not just NC. It is a national thing, not a state thing. If

caused that to happen nationally, he must be pretty good at what he does.

Re: [MedicaidforHDOT] and cerebral palsy

> >Sen. was my Grandson's attorney. We won. He is a

> >compassionate man when it comes to CP and children as well as

disabilities.

> >He is also a potential advocate for HBOT. In fact, has referred

> >clients to us for hbot. Although I do not support the Democratic Party

> >because of my opposition to same sex marriage and abortion as well as

other

> >moral issues, I will vote for . He is a brilliant man, and can get

> >things done. Most of all he will be a friend to children with CP. In

> >addition, he is totally against NAFDA which would win my vote without the

> >other plus's.

> >We need a friend in the Whitehouse. It could be a huge step forward for

> >HBOT for brain injury.

> > Hartsoe

> >

>

>

> 'Increased the Cost of Medicine', Former Associate Says

> By Marc Morano

> CNSNews.com Senior Staff Writer

> February 10, 2004

>

> (CNSNews.com) - A former North Carolina obstetrician who served as an

> expert witness and consultant to Sen. during his days as a

> trial lawyer, now accuses the Democratic presidential candidate of

> increasing the cost of medicine and forcing doctors into retirement in the

> senator's home state.

>

> " What he has done with those lawsuits is increased the cost of medicine,

> and he has not changed the practice of medicine in a way that you can see

> that there are fewer cases of cerebral palsy, " Brannan said in an

> interview with CNSNews.com.

>

> As CNSNews.com first reported on Jan. 20, won record jury verdicts

> and settlements by arguing that in certain cases, obstetricians and the

> hospitals where they practiced had been responsible for botching the

> treatment of women in labor and the delivery of their babies.

>

> It was that botched treatment, argued, that resulted in the

infants

> sustaining either brain damage or developing cerebral palsy, a brain

> disorder that causes motor function impairment and lifelong disability.

>

> Brannan, the chief medical officer of Mission Hospitals in Asheville,

N.C.,

> said he was forced to end his obstetrics medical practice this year

because

> of skyrocketing medical insurance premiums. Brannan said he consulted for

> in an attempt to " bring only the valid cases into the legal

system. "

>

> ' campaign metaphors about standing up for the poor and

> underprivileged in the battle between the " two Americas " does not resonate

> with Brannan.

>

> " I have some argument with ['s] idea that he's out there to help

the

> poor person and that he's out there helping all. No, he was very selective

> in his cases, and went for those that were going to go for large

> judgments, " Brannan said.

>

> " He was not an individual that would go out and help the poor person who

> needed help in a low-dollar amount. If you look at his cases, they were

all

> high-dollar amounts and he didn't work for low-dollar settlements, " he

> added.

>

> Brannan's role as a consultant and sometimes expert witness for

and

> his legal firm allowed him to see 's career up close.

>

> " He was an expert at getting [cerebral palsy cases] settled without going

> into the courtroom, " Brannan said.

>

> Brannan is very skeptical of ' and other trial lawyers'

> accomplishments in seeking to blame infant cerebral palsy cases on botched

> labor and deliveries.

>

> " I don't think that there is a correlation between bad medical practice

and

> the incidence of cerebral palsy, " Brannan said.

>

> " Studies that we have done have found no changes in the incidences of

> cerebral palsy occurring either with increased vigilance...or the increase

> in C-section rates that have occurred, " he said.

>

> Despite the scientific evidence, Brannan is not optimistic that medical

> malpractice cerebral palsy cases will fade from the courtroom anytime

soon.

>

> " Most juries have a live person in the room that they feel sympathy for,

> and it's very hard to make the cold statistics of a scientific study

cancel

> out the sympathy that they feel, " Brannan said.

>

> " So most of juries, knowing that there are insurance policies behind all

of

> these [cases], will then want this family to have something to be able to

> provide care for the child, " he added.

>

> defends legal career

>

> has conceded that infant cerebral palsy usually is not the fault

of

> the doctors who deliver the baby -- even though he argued otherwise in his

> days as a trial lawyer.

>

> According to an article in the New York Times on January 31, " ...Mr.

> did not dispute the contention...that few cases of cerebral palsy

> are caused by mishandled deliveries. " did say that during his

legal

> career, he represented only the few cases that were the exceptions to the

> rule.

>

> was responding to allegations first reported by CNSNews.com on

Jan.

> 20. The CNSNews.com report noted that a large part of ' legal

career

> was based on " junk science, " which he used to win hugely lucrative legal

> judgments or settlements against the medical profession.

>

> The outcome of those cases, many of them dealing with the debatable cause

> of cerebral palsy in infants, made a rich man, allowing him to

> self-finance a 1998 run for the U.S. Senate from North Carolina and

> position himself as a presidential candidate in 2004.

>

> The CNSNews.com report pointed to medical studies, dating back to at least

> the 1980s, which asserted that doctors could do very little to cause

> cerebral palsy during the birthing process. Two new studies in 2003

further

> undermined the scientific premise of the high-profile court cases won by

> .

>

> now insists that the cerebral cases he represented were the

exceptions.

>

> " I took very seriously our responsibility to determine if our cases were

> merited, " told the New York Times in the January 30 interview,

just

> days after refusing to answer CNSNews.com's questions on the same topic.

>

> " Before I ever accepted a brain-injured child case, we would spend months

> investigating it, " added.

>

> The Times article noted that between 1985 and 1995, " filed at

least

> 20 similar lawsuits against doctors and hospitals in deliveries gone

wrong,

> winning verdicts and settlements of more than $60 million, typically

> keeping about a third. "

>

> 'Crisis'

>

> Brannan believes that did his part to contribute to the American

> Medical Association's listing of North Carolina as one of the " crisis

> states " for rising liability insurance.

>

> Many physicians in the state are opting to quit their practices because

> they cannot afford the insurance premiums, according to Brannan.

>

> The hospital that Brannan now serves as the chief medical officer also has

> been the target of and his law firm.

>

> " Our hospital (Mission Hospitals, formerly St ph's) had two major

suits

> brought by ['s] law firm -- one of which he was able to prevail and

> got a judgment, and another one his firm lost, " Brannan noted.

>

> Brannan said he personally was forced to stop his obstetrics practice when

> his insurance premiums shot up.

>

> " My premium two years ago was $44,000 a year, and my insurance carrier

> notified me that if I wished to continue practicing, it was going up to

> $68,000 for this year, " Brannan said.

>

> " I chose to discontinue my Ob privileges, because I would have to deliver

> 68 babies just to pay the premium before being able to pay any office

> expenses. " He also said that his premiums were lower than those of many

> other doctors because of his affiliation with a hospital.

>

> The small practitioners are hit the hardest by rising insurance, Brannan

said.

>

> " Liability premiums are the same whether you deliver one baby a year or

300

> babies a year, " he explained.

>

> " The town of lin, North Carolina, lost their sole Ob/Gyn

practitioner,

> so now the women in that town are having to travel over a mountain pass to

> a neighboring city in order to get obstetrical care, " Brannan said.

>

>

http://www.cnsnews.com/ViewCulture.asp?Page=%5CCulture%5Carchive%5C200402%5C

CUL2

> 0040210a.html

>

>

>

>

> _._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._.

> Join the International Hyperbaric Medical Association

http://www.hyperbaricmedicalassociation.org/forms/Friends_of_IHMA_Join.pdf

>

> EPSDT decisions http://healthlaw.org/pubs/200308.epsdtdocket.html

>

> Unrestricted downloads of 50+ pdf files on HBOT efficacy

medicaid/files/ ,

HDO-documentation/files/ and

http://www.drneubauerhbo.com/papers.htm

>

> Download your state EPSDT program

http://www.hcfa.gov/medicaid/stateplan/Map.asp by doing a search on the word

" ameliorate " . State Medicaid websites

http://www.medi-cal.ca.gov/RelSites_Oth_States.asp . Medicaid waiver

programs: http://www.geocities.com/HotSprings/Villa/1029/medicaid.html

>

> Find a hyperbaric clinic http://www.netnet.net/mums/hbolist.htm

>

> HBOT can save billions of dollars and millions of heartaches. Subscribe to

by sending a blank email to

mailto:medicaid-subscribe

>

> Unsubscribe? Click here mailto:medicaid-unsubscribe

..

>

[Guest guest]

Tim:

I am impressed with what I read about . It seems we , the

hyperbaric group ; may have an advocate beyond our dreams. So, far after years

effort trying to get HBOT for my paralyzed wife.

A few lawsuits of the type has won might get the attention of

the insurance companies and Medicare plus others who are deliberately blocking

any advance in the greatest therapy of this century.

Hyperbaric oxygen is not the end all of therapies, but it helps most patients

with difficult to treat diseases and injuries I would be happy to cooperate

in any common effort that might result in making HBO available ro the millions

who need it. Captain Manson USN (Ret.)

[Guest guest]

Hello:

I am a supporter and my support is growing every day.

I am an attorney and have followed the HBOT information on this list.

It would be helpful for me to know more details about how

has assisted HBOT. I think this would be helpful to people on the list

as well.

Please provide any information you can. I know a lot of disability

advocates in Georgia that are starting to turn their support to .

This would be helpful to know.

Thanks,

Tim Willis, Esq.

Re: [MedicaidforHDOT] and cerebral palsy

It is indeed very interesting that almost every parent who had a case

against irresponsible doctors have tried to find a lawyer to take that

case. I stand by my statements. In addition, it takes a smart mind to

serve as President. certainly fits that category. I repeat, it

would be nice to have a friend in Washington in our fight for HBOT for

brain injury. In addition, Medical Malpractice insurance has increased

all over the USA,

not just NC. It is a national thing, not a state thing. If

caused that to happen nationally, he must be pretty good at what he

does.

Re: [MedicaidforHDOT] and cerebral palsy

> >Sen. was my Grandson's attorney. We won. He is a

> >compassionate man when it comes to CP and children as well as

disabilities.

> >He is also a potential advocate for HBOT. In fact, has referred

> >clients to us for hbot. Although I do not support the Democratic

Party

> >because of my opposition to same sex marriage and abortion as well as

other

> >moral issues, I will vote for . He is a brilliant man, and can

get

> >things done. Most of all he will be a friend to children with CP.

In

> >addition, he is totally against NAFDA which would win my vote without

> >the other plus's. We need a friend in the Whitehouse. It could be a

> >huge step forward for HBOT for brain injury.

> > Hartsoe

> >

>

>

> 'Increased the Cost of Medicine', Former Associate Says

> By Marc Morano CNSNews.com Senior Staff Writer

> February 10, 2004

>

> (CNSNews.com) - A former North Carolina obstetrician who served as an

> expert witness and consultant to Sen. during his days as

> a trial lawyer, now accuses the Democratic presidential candidate of

> increasing the cost of medicine and forcing doctors into retirement in

> the senator's home state.

>

> " What he has done with those lawsuits is increased the cost of

> medicine, and he has not changed the practice of medicine in a way

> that you can see that there are fewer cases of cerebral palsy, "

> Brannan said in an interview with CNSNews.com.

>

> As CNSNews.com first reported on Jan. 20, won record jury

> verdicts and settlements by arguing that in certain cases,

> obstetricians and the hospitals where they practiced had been

> responsible for botching the treatment of women in labor and the

> delivery of their babies.

>

> It was that botched treatment, argued, that resulted in the

infants

> sustaining either brain damage or developing cerebral palsy, a brain

> disorder that causes motor function impairment and lifelong

> disability.

>

> Brannan, the chief medical officer of Mission Hospitals in Asheville,

N.C.,

> said he was forced to end his obstetrics medical practice this year

because

> of skyrocketing medical insurance premiums. Brannan said he consulted

> for in an attempt to " bring only the valid cases into the

> legal

system. "

>

> ' campaign metaphors about standing up for the poor and

> underprivileged in the battle between the " two Americas " does not

> resonate with Brannan.

>

> " I have some argument with ['s] idea that he's out there to

> help

the

> poor person and that he's out there helping all. No, he was very

> selective in his cases, and went for those that were going to go for

> large judgments, " Brannan said.

>

> " He was not an individual that would go out and help the poor person

> who needed help in a low-dollar amount. If you look at his cases, they

> were

all

> high-dollar amounts and he didn't work for low-dollar settlements, " he

> added.

>

> Brannan's role as a consultant and sometimes expert witness for

>

and

> his legal firm allowed him to see 's career up close.

>

> " He was an expert at getting [cerebral palsy cases] settled without

> going into the courtroom, " Brannan said.

>

> Brannan is very skeptical of ' and other trial lawyers'

> accomplishments in seeking to blame infant cerebral palsy cases on

> botched labor and deliveries.

>

> " I don't think that there is a correlation between bad medical

> practice

and

> the incidence of cerebral palsy, " Brannan said.

>

> " Studies that we have done have found no changes in the incidences of

> cerebral palsy occurring either with increased vigilance...or the

> increase in C-section rates that have occurred, " he said.

>

> Despite the scientific evidence, Brannan is not optimistic that

> medical malpractice cerebral palsy cases will fade from the courtroom

> anytime

soon.

>

> " Most juries have a live person in the room that they feel sympathy

> for, and it's very hard to make the cold statistics of a scientific

> study

cancel

> out the sympathy that they feel, " Brannan said.

>

> " So most of juries, knowing that there are insurance policies behind

> all

of

> these [cases], will then want this family to have something to be able

> to provide care for the child, " he added.

>

> defends legal career

>

> has conceded that infant cerebral palsy usually is not the

> fault

of

> the doctors who deliver the baby -- even though he argued otherwise in

> his days as a trial lawyer.

>

> According to an article in the New York Times on January 31, " ...Mr.

> did not dispute the contention...that few cases of cerebral

> palsy are caused by mishandled deliveries. " did say that

> during his

legal

> career, he represented only the few cases that were the exceptions to

> the rule.

>

> was responding to allegations first reported by CNSNews.com on

Jan.

> 20. The CNSNews.com report noted that a large part of ' legal

career

> was based on " junk science, " which he used to win hugely lucrative

> legal judgments or settlements against the medical profession.

>

> The outcome of those cases, many of them dealing with the debatable

> cause of cerebral palsy in infants, made a rich man, allowing

> him to self-finance a 1998 run for the U.S. Senate from North Carolina

> and position himself as a presidential candidate in 2004.

>

> The CNSNews.com report pointed to medical studies, dating back to at

> least the 1980s, which asserted that doctors could do very little to

> cause cerebral palsy during the birthing process. Two new studies in

> 2003

further

> undermined the scientific premise of the high-profile court cases won

> by .

>

> now insists that the cerebral cases he represented were the

exceptions.

>

> " I took very seriously our responsibility to determine if our cases

> were merited, " told the New York Times in the January 30

> interview,

just

> days after refusing to answer CNSNews.com's questions on the same

> topic.

>

> " Before I ever accepted a brain-injured child case, we would spend

> months investigating it, " added.

>

> The Times article noted that between 1985 and 1995, " filed at

least

> 20 similar lawsuits against doctors and hospitals in deliveries gone

wrong,

> winning verdicts and settlements of more than $60 million, typically

> keeping about a third. "

>

> 'Crisis'

>

> Brannan believes that did his part to contribute to the

> American Medical Association's listing of North Carolina as one of the

> " crisis states " for rising liability insurance.

>

> Many physicians in the state are opting to quit their practices

> because they cannot afford the insurance premiums, according to

> Brannan.

>

> The hospital that Brannan now serves as the chief medical officer also

> has been the target of and his law firm.

>

> " Our hospital (Mission Hospitals, formerly St ph's) had two major

suits

> brought by ['s] law firm -- one of which he was able to prevail

> and got a judgment, and another one his firm lost, " Brannan noted.

>

> Brannan said he personally was forced to stop his obstetrics practice

> when his insurance premiums shot up.

>

> " My premium two years ago was $44,000 a year, and my insurance carrier

> notified me that if I wished to continue practicing, it was going up

> to $68,000 for this year, " Brannan said.

>

> " I chose to discontinue my Ob privileges, because I would have to

> deliver 68 babies just to pay the premium before being able to pay any

> office expenses. " He also said that his premiums were lower than those

> of many other doctors because of his affiliation with a hospital.

>

> The small practitioners are hit the hardest by rising insurance,

> Brannan

said.

>

> " Liability premiums are the same whether you deliver one baby a year

> or

300

> babies a year, " he explained.

>

> " The town of lin, North Carolina, lost their sole Ob/Gyn

practitioner,

> so now the women in that town are having to travel over a mountain

> pass to a neighboring city in order to get obstetrical care, " Brannan

> said.

>

>

http://www.cnsnews.com/ViewCulture.asp?Page=%5CCulture%5Carchive%5C20040

2%5C

CUL2

> 0040210a.html

>

>

>

>

> _._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._.

> _._.

> Join the International Hyperbaric Medical Association

http://www.hyperbaricmedicalassociation.org/forms/Friends_of_IHMA_Join.p

df

>

> EPSDT decisions http://healthlaw.org/pubs/200308.epsdtdocket.html

>

> Unrestricted downloads of 50+ pdf files on HBOT efficacy

medicaid/files/ ,

HDO-documentation/files/ and

http://www.drneubauerhbo.com/papers.htm

>

> Download your state EPSDT program

http://www.hcfa.gov/medicaid/stateplan/Map.asp by doing a search on the

word " ameliorate " . State Medicaid websites

http://www.medi-cal.ca.gov/RelSites_Oth_States.asp . Medicaid waiver

programs: http://www.geocities.com/HotSprings/Villa/1029/medicaid.html

>

> Find a hyperbaric clinic http://www.netnet.net/mums/hbolist.htm

>

> HBOT can save billions of dollars and millions of heartaches.

> Subscribe to

by sending a blank email to

mailto:medicaid-subscribe

>

> Unsubscribe? Click here

> mailto:medicaid-unsubscribe

..

>

[Guest guest]

>Dear , one of my favorite PITAs,

>

>Your case is a perfect example of just how much we need people like

> . I don't know many people - parents of brain-injured

>children or otherwise - who could afford to fork out $50,000 of their

>own money, up front, with no guarantee of a settlement. So, when the

>article implies that Senator seeks only big payoffs and

>doesn't help disadvantaged or low-income families, I have to

>disagree. I don't know anyone more strapped for money than those

>families who are attempting to finance the basic care of their brain-

>injured children. By accepting their cases, and the expenses that

>accompany such cases, and other attorneys like him are

>allowing families to seek justice (and, yes, compensation) who would

>not normally be able to do so. At that point, the justice system

>kicks in and the chips fall where they may. But at least these

>families have a fighting chance in the judicial system and, as those

>of us who are seeking improved standards of care for our children

>know, that's a whole lot more than we get in most other arenas.

>

>Lynn

Lynn,

Someone posted another news story about here a couple of days ago

which attributed the increased cost of malpractice insurance in NC directly

to 's legal wins--yet how have any of these cases benefitted other

cp kids?

Not at all. The result has been a decrease in the number of practicing OB's

delivering babies. The exiting OB's were not even the OB's causing the

problems as the OB quoted in the story has actually testified as an expert

witness in several of 's cases.

So, with fewer OB's delivering more babies, this actually *increases* the

opportunity for error during delivery, i.e., increasing the numbers of

children with cp.

On the HBOTRoundtable group, it's been stated that docs are extremely

hesitant to treat cp kids with HBOT because cp children are some of the

most litigated of all malpractice cases, which only compounds the problem

of how to help these kids.

Also in the second article, the number of successful suits for kids

is less than 1% of just those *exploring* a suit, which surely means such

rewards are only going to far less than 1% of all brain-injured

children--to the detriment of the majority.

```````````````````````````````````````````````````````

Freels

2948 Windfield Circle

Tucker, GA 30084-6714

770/491-6776 (phone)

770-234-5757 (fax)

mailto:dfreels@...

http://www.freelanceforum.org/df

[Guest guest]

It is interesting the switch from the OB/GYN doc from Vermont to the

malpractice attorney from NC - there's a 180!

KP Stoller, MD, FAAP

Assistant Clinical Prof, UNM HSC Dept Pediatrics

Simply Hyperbarics

www.simplyhyperbarics.com

> Tim:

>

> I am impressed with what I read about . It seems we , the

> hyperbaric group ; may have an advocate beyond our dreams. So, far after

> years effort trying to get HBOT for my paralyzed wife.

>

> A few lawsuits of the type has won might get the attention

> of the insurance companies and Medicare plus others who are

> deliberately blocking any advance in the greatest therapy of this

> century.

>

> Hyperbaric oxygen is not the end all of therapies, but it helps most

> patients with difficult to treat diseases and injuries I would be happy

> to cooperate in any common effort that might result in making HBO

> available ro the millions who need it. Captain Manson USN

> (Ret.)

>

>

>

[Guest guest]

I agree very strongly. My OB-GYN made a huge mistake in my pregnancy. I

think dictores should take full responsibility for their actions. My son has

CP,

a life long aliment. We trust our doctors to do the right thing. After all

they have human lives in their hands. People never understand the full

picture until they walk in your shoes.

Tina Stinson

[Guest guest]

This article brings to mind several thoughts. First, the

implications seems to be that Mr. is mercenary because he

chose those cases with the biggest potential payoff. IMO, that

simply makes him a good business man in addition to being a good

attorney. His time and resources and the time and resources of his

firm are limited and my guess is that he accepts these cases on a

contingency basis (i.e. he pays all case-related expenses up front

and if he doesn't win, he doesn't get paid at all) so why on earth

would he not select those that are most likely to cover the immense

costs of trying these sorts of cases and also pay him handsomely. I

doubt the parents whose cases he won begrudge him any of the money he

*earned*. Second, it isn't as though Mr. forced these juries

to make the enormous judgements they made. That is the beauty of the

jury system - each side is allowed to present their case in whatever

way they want, within the parameters of the law, and the jury makes

the final decision. Face it, he'd be a fool not to play to the

sympathies of the jury but he wouldn't have been able to play to

those sympathies if there wasn't a profoundly injured child and

family involved. If we have an argument with the size of the

verdicts, the blame lies as much with the juries as with Mr.

. Third, I view what does as a service to all

children - money talks and I believe the only way to make these

physicians behave more responsibly is to hit them where it hurts, in

the pocketbook. If it is forcing physicians to retire because they

cannot afford malpractice insurance, then that is unfortunate but, in

my opinion, the only way to reform the lacksadaisical (sp?) way in

which infants are delivered in this country is to make those who

deliver them stand up and take responsibility. Last but not least,

perhaps if these physicians are scared enough, they will be more open

to " alternative " treatments for those infants who are injured during

birth, including HBOT. Call me mercenary but I don't care what

finally convinces physicians to put O2 deprived mothers and infants

in chambers at or immediately following birth - fear of a lawsuit

seems as good a motivator as any.

Lynn

> >Sen. was my Grandson's attorney. We won. He is a

> >compassionate man when it comes to CP and children as well as

disabilities.

> >He is also a potential advocate for HBOT. In fact, has

referred

> >clients to us for hbot. Although I do not support the Democratic

Party

> >because of my opposition to same sex marriage and abortion as well

as other

> >moral issues, I will vote for . He is a brilliant man, and

can get

> >things done. Most of all he will be a friend to children with

CP. In

> >addition, he is totally against NAFDA which would win my vote

without the

> >other plus's.

> >We need a friend in the Whitehouse. It could be a huge step

forward for

> >HBOT for brain injury.

> > Hartsoe

> >

>

>

> 'Increased the Cost of Medicine', Former Associate Says

> By Marc Morano

> CNSNews.com Senior Staff Writer

> February 10, 2004

>

> (CNSNews.com) - A former North Carolina obstetrician who served as

an

> expert witness and consultant to Sen. during his days

as a

> trial lawyer, now accuses the Democratic presidential candidate of

> increasing the cost of medicine and forcing doctors into retirement

in the

> senator's home state.

>

> " What he has done with those lawsuits is increased the cost of

medicine,

> and he has not changed the practice of medicine in a way that you

can see

> that there are fewer cases of cerebral palsy, " Brannan said

in an

> interview with CNSNews.com.

>

> As CNSNews.com first reported on Jan. 20, won record jury

verdicts

> and settlements by arguing that in certain cases, obstetricians and

the

> hospitals where they practiced had been responsible for botching the

> treatment of women in labor and the delivery of their babies.

>

> It was that botched treatment, argued, that resulted in the

infants

> sustaining either brain damage or developing cerebral palsy, a brain

> disorder that causes motor function impairment and lifelong

disability.

>

> Brannan, the chief medical officer of Mission Hospitals in

Asheville, N.C.,

> said he was forced to end his obstetrics medical practice this year

because

> of skyrocketing medical insurance premiums. Brannan said he

consulted for

> in an attempt to " bring only the valid cases into the legal

system. "

>

> ' campaign metaphors about standing up for the poor and

> underprivileged in the battle between the " two Americas " does not

resonate

> with Brannan.

>

> " I have some argument with ['s] idea that he's out there to

help the

> poor person and that he's out there helping all. No, he was very

selective

> in his cases, and went for those that were going to go for large

> judgments, " Brannan said.

>

> " He was not an individual that would go out and help the poor

person who

> needed help in a low-dollar amount. If you look at his cases, they

were all

> high-dollar amounts and he didn't work for low-dollar settlements, "

he

> added.

>

> Brannan's role as a consultant and sometimes expert witness for

and

> his legal firm allowed him to see 's career up close.

>

> " He was an expert at getting [cerebral palsy cases] settled without

going

> into the courtroom, " Brannan said.

>

> Brannan is very skeptical of ' and other trial lawyers'

> accomplishments in seeking to blame infant cerebral palsy cases on

botched

> labor and deliveries.

>

> " I don't think that there is a correlation between bad medical

practice and

> the incidence of cerebral palsy, " Brannan said.

>

> " Studies that we have done have found no changes in the incidences

of

> cerebral palsy occurring either with increased vigilance...or the

increase

> in C-section rates that have occurred, " he said.

>

> Despite the scientific evidence, Brannan is not optimistic that

medical

> malpractice cerebral palsy cases will fade from the courtroom

anytime soon.

>

> " Most juries have a live person in the room that they feel sympathy

for,

> and it's very hard to make the cold statistics of a scientific

study cancel

> out the sympathy that they feel, " Brannan said.

>

> " So most of juries, knowing that there are insurance policies

behind all of

> these [cases], will then want this family to have something to be

able to

> provide care for the child, " he added.

>

> defends legal career

>

> has conceded that infant cerebral palsy usually is not the

fault of

> the doctors who deliver the baby -- even though he argued otherwise

in his

> days as a trial lawyer.

>

> According to an article in the New York Times on January 31, " ...Mr.

> did not dispute the contention...that few cases of cerebral

palsy

> are caused by mishandled deliveries. " did say that during

his legal

> career, he represented only the few cases that were the exceptions

to the

> rule.

>

> was responding to allegations first reported by CNSNews.com

on Jan.

> 20. The CNSNews.com report noted that a large part of '

legal career

> was based on " junk science, " which he used to win hugely lucrative

legal

> judgments or settlements against the medical profession.

>

> The outcome of those cases, many of them dealing with the debatable

cause

> of cerebral palsy in infants, made a rich man, allowing him

to

> self-finance a 1998 run for the U.S. Senate from North Carolina and

> position himself as a presidential candidate in 2004.

>

> The CNSNews.com report pointed to medical studies, dating back to

at least

> the 1980s, which asserted that doctors could do very little to cause

> cerebral palsy during the birthing process. Two new studies in 2003

further

> undermined the scientific premise of the high-profile court cases

won by

> .

>

> now insists that the cerebral cases he represented were the

exceptions.

>

> " I took very seriously our responsibility to determine if our cases

were

> merited, " told the New York Times in the January 30

interview, just

> days after refusing to answer CNSNews.com's questions on the same

topic.

>

> " Before I ever accepted a brain-injured child case, we would spend

months

> investigating it, " added.

>

> The Times article noted that between 1985 and 1995, " filed

at least

> 20 similar lawsuits against doctors and hospitals in deliveries

gone wrong,

> winning verdicts and settlements of more than $60 million, typically

> keeping about a third. "

>

> 'Crisis'

>

> Brannan believes that did his part to contribute to the

American

> Medical Association's listing of North Carolina as one of

the " crisis

> states " for rising liability insurance.

>

> Many physicians in the state are opting to quit their practices

because

> they cannot afford the insurance premiums, according to Brannan.

>

> The hospital that Brannan now serves as the chief medical officer

also has

> been the target of and his law firm.

>

> " Our hospital (Mission Hospitals, formerly St ph's) had two

major suits

> brought by ['s] law firm -- one of which he was able to

prevail and

> got a judgment, and another one his firm lost, " Brannan noted.

>

> Brannan said he personally was forced to stop his obstetrics

practice when

> his insurance premiums shot up.

>

> " My premium two years ago was $44,000 a year, and my insurance

carrier

> notified me that if I wished to continue practicing, it was going

up to

> $68,000 for this year, " Brannan said.

>

> " I chose to discontinue my Ob privileges, because I would have to

deliver

> 68 babies just to pay the premium before being able to pay any

office

> expenses. " He also said that his premiums were lower than those of

many

> other doctors because of his affiliation with a hospital.

>

> The small practitioners are hit the hardest by rising insurance,

Brannan said.

>

> " Liability premiums are the same whether you deliver one baby a

year or 300

> babies a year, " he explained.

>

> " The town of lin, North Carolina, lost their sole Ob/Gyn

practitioner,

> so now the women in that town are having to travel over a mountain

pass to

> a neighboring city in order to get obstetrical care, " Brannan said.

>

> http://www.cnsnews.com/ViewCulture.asp?Page=%5CCulture%5Carchive%

5C200402%5CCUL2

> 0040210a.html

[Guest guest]

Lynn,

I totally agree. In our case, his firm agreed to foot all the initial

costs of expert witnesses, etc. which amounted to almost $50,000. If we

would not have won, Sen. firm would have been out the money, not us.

In addition, they only accept cases which have a legitimate claim. This

eliminates frivilous suits which are questionable. Sen. is a

businessman and he is smart enough to recognize that the NAFDA agreement

will be the downfall of our economic system before it is over. Politics is

one of my least favorite topics. But in this case it involves our economic

well being as well as the well being of the brain injured.

I do not know if would be an advocate for HBOT. I do know he

is aware of HBOT and what it's potential is. I do know that if he were

President, he would at least listen to our presentation. That's more than

we have now.

At this time we have absolutely no representation. And we are not capable

of organizing ourselves. This puts us totally at the mercy of accepting

what those with self-agendas offer us. So far, that is nothing. Parents of

children needing hbot are out of money. It is an expensive problem. What

are they supposed to do? Wait on someone else to solve the problems? I do

not see that happening.

I will probably be one of the most disliked individuals in the Hyperbaric

field before this is over. That is ok, I am not in this to increase my

popularity. I am not in it for the money. We hope to close Miracle

Mountain within the next 2 years. But we cannot do so until hbot is readily

availble and affordable elsewhere. So, I do not have to pull any punches.

I have watched this fiasco of so-called do gooders for the past 4 years and

it is time to produce. It is time to do something for our kids. This is a

money game at the expense of those who cannot afford it.

I urge those of you who operate freestanding hbot centers to join our

Roundtable Discussion on HBOT. Let's work together to try to get our system

working. Your centers must be able to make a profit and to help others at

the same time. This can only be done if we figure out how to make co-pay

and Medicaid work for the system we are in. We need to be able to get

freestanding centers approved as Medicaid providers.

Email me with your affiliation and I will add you to the HBOTroundtable

discussion group. rhartsoe@...

Hartsoe

alias: " troublemaker " , " hillbilly " , " pain in the ass " ,

it is time for a " let's get it working so we can get rid of Bob " campaign.

Re: [MedicaidforHDOT] and cerebral palsy

> This article brings to mind several thoughts. First, the

> implications seems to be that Mr. is mercenary because he

> chose those cases with the biggest potential payoff. IMO, that

> simply makes him a good business man in addition to being a good

> attorney. His time and resources and the time and resources of his

> firm are limited and my guess is that he accepts these cases on a

> contingency basis (i.e. he pays all case-related expenses up front

> and if he doesn't win, he doesn't get paid at all) so why on earth

> would he not select those that are most likely to cover the immense

> costs of trying these sorts of cases and also pay him handsomely. I

> doubt the parents whose cases he won begrudge him any of the money he

> *earned*. Second, it isn't as though Mr. forced these juries

> to make the enormous judgements they made. That is the beauty of the

> jury system - each side is allowed to present their case in whatever

> way they want, within the parameters of the law, and the jury makes

> the final decision. Face it, he'd be a fool not to play to the

> sympathies of the jury but he wouldn't have been able to play to

> those sympathies if there wasn't a profoundly injured child and

> family involved. If we have an argument with the size of the

> verdicts, the blame lies as much with the juries as with Mr.

> . Third, I view what does as a service to all

> children - money talks and I believe the only way to make these

> physicians behave more responsibly is to hit them where it hurts, in

> the pocketbook. If it is forcing physicians to retire because they

> cannot afford malpractice insurance, then that is unfortunate but, in

> my opinion, the only way to reform the lacksadaisical (sp?) way in

> which infants are delivered in this country is to make those who

> deliver them stand up and take responsibility. Last but not least,

> perhaps if these physicians are scared enough, they will be more open

> to " alternative " treatments for those infants who are injured during

> birth, including HBOT. Call me mercenary but I don't care what

> finally convinces physicians to put O2 deprived mothers and infants

> in chambers at or immediately following birth - fear of a lawsuit

> seems as good a motivator as any.

>

> Lynn

>

>

> > >Sen. was my Grandson's attorney. We won. He is a

> > >compassionate man when it comes to CP and children as well as

> disabilities.

> > >He is also a potential advocate for HBOT. In fact, has

> referred

> > >clients to us for hbot. Although I do not support the Democratic

> Party

> > >because of my opposition to same sex marriage and abortion as well

> as other

> > >moral issues, I will vote for . He is a brilliant man, and

> can get

> > >things done. Most of all he will be a friend to children with

> CP. In

> > >addition, he is totally against NAFDA which would win my vote

> without the

> > >other plus's.

> > >We need a friend in the Whitehouse. It could be a huge step

> forward for

> > >HBOT for brain injury.

> > > Hartsoe

> > >

> >

> >

> > 'Increased the Cost of Medicine', Former Associate Says

> > By Marc Morano

> > CNSNews.com Senior Staff Writer

> > February 10, 2004

> >

> > (CNSNews.com) - A former North Carolina obstetrician who served as

> an

> > expert witness and consultant to Sen. during his days

> as a

> > trial lawyer, now accuses the Democratic presidential candidate of

> > increasing the cost of medicine and forcing doctors into retirement

> in the

> > senator's home state.

> >

> > " What he has done with those lawsuits is increased the cost of

> medicine,

> > and he has not changed the practice of medicine in a way that you

> can see

> > that there are fewer cases of cerebral palsy, " Brannan said

> in an

> > interview with CNSNews.com.

> >

> > As CNSNews.com first reported on Jan. 20, won record jury

> verdicts

> > and settlements by arguing that in certain cases, obstetricians and

> the

> > hospitals where they practiced had been responsible for botching the

> > treatment of women in labor and the delivery of their babies.

> >

> > It was that botched treatment, argued, that resulted in the

> infants

> > sustaining either brain damage or developing cerebral palsy, a brain

> > disorder that causes motor function impairment and lifelong

> disability.

> >

> > Brannan, the chief medical officer of Mission Hospitals in

> Asheville, N.C.,

> > said he was forced to end his obstetrics medical practice this year

> because

> > of skyrocketing medical insurance premiums. Brannan said he

> consulted for

> > in an attempt to " bring only the valid cases into the legal

> system. "

> >

> > ' campaign metaphors about standing up for the poor and

> > underprivileged in the battle between the " two Americas " does not

> resonate

> > with Brannan.

> >

> > " I have some argument with ['s] idea that he's out there to

> help the

> > poor person and that he's out there helping all. No, he was very

> selective

> > in his cases, and went for those that were going to go for large

> > judgments, " Brannan said.

> >

> > " He was not an individual that would go out and help the poor

> person who

> > needed help in a low-dollar amount. If you look at his cases, they

> were all

> > high-dollar amounts and he didn't work for low-dollar settlements, "

> he

> > added.

> >

> > Brannan's role as a consultant and sometimes expert witness for

> and

> > his legal firm allowed him to see 's career up close.

> >

> > " He was an expert at getting [cerebral palsy cases] settled without

> going

> > into the courtroom, " Brannan said.

> >

> > Brannan is very skeptical of ' and other trial lawyers'

> > accomplishments in seeking to blame infant cerebral palsy cases on

> botched

> > labor and deliveries.

> >

> > " I don't think that there is a correlation between bad medical

> practice and

> > the incidence of cerebral palsy, " Brannan said.

> >

> > " Studies that we have done have found no changes in the incidences

> of

> > cerebral palsy occurring either with increased vigilance...or the

> increase

> > in C-section rates that have occurred, " he said.

> >

> > Despite the scientific evidence, Brannan is not optimistic that

> medical

> > malpractice cerebral palsy cases will fade from the courtroom

> anytime soon.

> >

> > " Most juries have a live person in the room that they feel sympathy

> for,

> > and it's very hard to make the cold statistics of a scientific

> study cancel

> > out the sympathy that they feel, " Brannan said.

> >

> > " So most of juries, knowing that there are insurance policies

> behind all of

> > these [cases], will then want this family to have something to be

> able to

> > provide care for the child, " he added.

> >

> > defends legal career

> >

> > has conceded that infant cerebral palsy usually is not the

> fault of

> > the doctors who deliver the baby -- even though he argued otherwise

> in his

> > days as a trial lawyer.

> >

> > According to an article in the New York Times on January 31, " ...Mr.

> > did not dispute the contention...that few cases of cerebral

> palsy

> > are caused by mishandled deliveries. " did say that during

> his legal

> > career, he represented only the few cases that were the exceptions

> to the

> > rule.

> >

> > was responding to allegations first reported by CNSNews.com

> on Jan.

> > 20. The CNSNews.com report noted that a large part of '

> legal career

> > was based on " junk science, " which he used to win hugely lucrative

> legal

> > judgments or settlements against the medical profession.

> >

> > The outcome of those cases, many of them dealing with the debatable

> cause

> > of cerebral palsy in infants, made a rich man, allowing him

> to

> > self-finance a 1998 run for the U.S. Senate from North Carolina and

> > position himself as a presidential candidate in 2004.

> >

> > The CNSNews.com report pointed to medical studies, dating back to

> at least

> > the 1980s, which asserted that doctors could do very little to cause

> > cerebral palsy during the birthing process. Two new studies in 2003

> further

> > undermined the scientific premise of the high-profile court cases

> won by

> > .

> >

> > now insists that the cerebral cases he represented were the

> exceptions.

> >

> > " I took very seriously our responsibility to determine if our cases

> were

> > merited, " told the New York Times in the January 30

> interview, just

> > days after refusing to answer CNSNews.com's questions on the same

> topic.

> >

> > " Before I ever accepted a brain-injured child case, we would spend

> months

> > investigating it, " added.

> >

> > The Times article noted that between 1985 and 1995, " filed

> at least

> > 20 similar lawsuits against doctors and hospitals in deliveries

> gone wrong,

> > winning verdicts and settlements of more than $60 million, typically

> > keeping about a third. "

> >

> > 'Crisis'

> >

> > Brannan believes that did his part to contribute to the

> American

> > Medical Association's listing of North Carolina as one of

> the " crisis

> > states " for rising liability insurance.

> >

> > Many physicians in the state are opting to quit their practices

> because

> > they cannot afford the insurance premiums, according to Brannan.

> >

> > The hospital that Brannan now serves as the chief medical officer

> also has

> > been the target of and his law firm.

> >

> > " Our hospital (Mission Hospitals, formerly St ph's) had two

> major suits

> > brought by ['s] law firm -- one of which he was able to

> prevail and

> > got a judgment, and another one his firm lost, " Brannan noted.

> >

> > Brannan said he personally was forced to stop his obstetrics

> practice when

> > his insurance premiums shot up.

> >

> > " My premium two years ago was $44,000 a year, and my insurance

> carrier

> > notified me that if I wished to continue practicing, it was going

> up to

> > $68,000 for this year, " Brannan said.

> >

> > " I chose to discontinue my Ob privileges, because I would have to

> deliver

> > 68 babies just to pay the premium before being able to pay any

> office

> > expenses. " He also said that his premiums were lower than those of

> many

> > other doctors because of his affiliation with a hospital.

> >

> > The small practitioners are hit the hardest by rising insurance,

> Brannan said.

> >

> > " Liability premiums are the same whether you deliver one baby a

> year or 300

> > babies a year, " he explained.

> >

> > " The town of lin, North Carolina, lost their sole Ob/Gyn

> practitioner,

> > so now the women in that town are having to travel over a mountain

> pass to

> > a neighboring city in order to get obstetrical care, " Brannan said.

> >

> > http://www.cnsnews.com/ViewCulture.asp?Page=%5CCulture%5Carchive%

> 5C200402%5CCUL2

> > 0040210a.html

>

>

>

>

> _._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._.

> Join the International Hyperbaric Medical Association

http://www.hyperbaricmedicalassociation.org/forms/Friends_of_IHMA_Join.pdf

>

> EPSDT decisions http://healthlaw.org/pubs/200308.epsdtdocket.html

>

> Unrestricted downloads of 50+ pdf files on HBOT efficacy

medicaid/files/ ,

HDO-documentation/files/ and

http://www.drneubauerhbo.com/papers.htm

>

> Download your state EPSDT program

http://www.hcfa.gov/medicaid/stateplan/Map.asp by doing a search on the word

" ameliorate " . State Medicaid websites

http://www.medi-cal.ca.gov/RelSites_Oth_States.asp . Medicaid waiver

programs: http://www.geocities.com/HotSprings/Villa/1029/medicaid.html

>

> Find a hyperbaric clinic http://www.netnet.net/mums/hbolist.htm

>

> HBOT can save billions of dollars and millions of heartaches. Subscribe to

by sending a blank email to

mailto:medicaid-subscribe

>

> Unsubscribe? Click here mailto:medicaid-unsubscribe

..

>

[Guest guest]

Dear , one of my favorite PITAs,

Your case is a perfect example of just how much we need people like

. I don't know many people - parents of brain-injured

children or otherwise - who could afford to fork out $50,000 of their

own money, up front, with no guarantee of a settlement. So, when the

article implies that Senator seeks only big payoffs and

doesn't help disadvantaged or low-income families, I have to

disagree. I don't know anyone more strapped for money than those

families who are attempting to finance the basic care of their brain-

injured children. By accepting their cases, and the expenses that

accompany such cases, and other attorneys like him are

allowing families to seek justice (and, yes, compensation) who would

not normally be able to do so. At that point, the justice system

kicks in and the chips fall where they may. But at least these

families have a fighting chance in the judicial system and, as those

of us who are seeking improved standards of care for our children

know, that's a whole lot more than we get in most other arenas.

Lynn

> > > >Sen. was my Grandson's attorney. We won. He is a

> > > >compassionate man when it comes to CP and children as well as

> > disabilities.

> > > >He is also a potential advocate for HBOT. In fact, has

> > referred

> > > >clients to us for hbot. Although I do not support the

Democratic

> > Party

> > > >because of my opposition to same sex marriage and abortion as

well

> > as other

> > > >moral issues, I will vote for . He is a brilliant man,

and

> > can get

> > > >things done. Most of all he will be a friend to children with

> > CP. In

> > > >addition, he is totally against NAFDA which would win my vote

> > without the

> > > >other plus's.

> > > >We need a friend in the Whitehouse. It could be a huge step

> > forward for

> > > >HBOT for brain injury.

> > > > Hartsoe

> > > >

> > >

> > >

> > > 'Increased the Cost of Medicine', Former Associate

Says

> > > By Marc Morano

> > > CNSNews.com Senior Staff Writer

> > > February 10, 2004

> > >

> > > (CNSNews.com) - A former North Carolina obstetrician who served

as

> > an

> > > expert witness and consultant to Sen. during his

days

> > as a

> > > trial lawyer, now accuses the Democratic presidential candidate

of

> > > increasing the cost of medicine and forcing doctors into

retirement

> > in the

> > > senator's home state.

> > >

> > > " What he has done with those lawsuits is increased the cost of

> > medicine,

> > > and he has not changed the practice of medicine in a way that

you

> > can see

> > > that there are fewer cases of cerebral palsy, " Brannan

said

> > in an

> > > interview with CNSNews.com.

> > >

> > > As CNSNews.com first reported on Jan. 20, won record

jury

> > verdicts

> > > and settlements by arguing that in certain cases, obstetricians

and

> > the

> > > hospitals where they practiced had been responsible for

botching the

> > > treatment of women in labor and the delivery of their babies.

> > >

> > > It was that botched treatment, argued, that resulted in

the

> > infants

> > > sustaining either brain damage or developing cerebral palsy, a

brain

> > > disorder that causes motor function impairment and lifelong

> > disability.

> > >

> > > Brannan, the chief medical officer of Mission Hospitals in

> > Asheville, N.C.,

> > > said he was forced to end his obstetrics medical practice this

year

> > because

> > > of skyrocketing medical insurance premiums. Brannan said he

> > consulted for

> > > in an attempt to " bring only the valid cases into the

legal

> > system. "

> > >

> > > ' campaign metaphors about standing up for the poor and

> > > underprivileged in the battle between the " two Americas " does

not

> > resonate

> > > with Brannan.

> > >

> > > " I have some argument with ['s] idea that he's out there

to

> > help the

> > > poor person and that he's out there helping all. No, he was very

> > selective

> > > in his cases, and went for those that were going to go for large

> > > judgments, " Brannan said.

> > >

> > > " He was not an individual that would go out and help the poor

> > person who

> > > needed help in a low-dollar amount. If you look at his cases,

they

> > were all

> > > high-dollar amounts and he didn't work for low-dollar

settlements, "

> > he

> > > added.

> > >

> > > Brannan's role as a consultant and sometimes expert witness for

> > and

> > > his legal firm allowed him to see 's career up close.

> > >

> > > " He was an expert at getting [cerebral palsy cases] settled

without

> > going

> > > into the courtroom, " Brannan said.

> > >

> > > Brannan is very skeptical of ' and other trial lawyers'

> > > accomplishments in seeking to blame infant cerebral palsy cases

on

> > botched

> > > labor and deliveries.

> > >

> > > " I don't think that there is a correlation between bad medical

> > practice and

> > > the incidence of cerebral palsy, " Brannan said.

> > >

> > > " Studies that we have done have found no changes in the

incidences

> > of

> > > cerebral palsy occurring either with increased vigilance...or

the

> > increase

> > > in C-section rates that have occurred, " he said.

> > >

> > > Despite the scientific evidence, Brannan is not optimistic that

> > medical

> > > malpractice cerebral palsy cases will fade from the courtroom

> > anytime soon.

> > >

> > > " Most juries have a live person in the room that they feel

sympathy

> > for,

> > > and it's very hard to make the cold statistics of a scientific

> > study cancel

> > > out the sympathy that they feel, " Brannan said.

> > >

> > > " So most of juries, knowing that there are insurance policies

> > behind all of

> > > these [cases], will then want this family to have something to

be

> > able to

> > > provide care for the child, " he added.

> > >

> > > defends legal career

> > >

> > > has conceded that infant cerebral palsy usually is not

the

> > fault of

> > > the doctors who deliver the baby -- even though he argued

otherwise

> > in his

> > > days as a trial lawyer.

> > >

> > > According to an article in the New York Times on January

31, " ...Mr.

> > > did not dispute the contention...that few cases of

cerebral

> > palsy

> > > are caused by mishandled deliveries. " did say that

during

> > his legal

> > > career, he represented only the few cases that were the

exceptions

> > to the

> > > rule.

> > >

> > > was responding to allegations first reported by

CNSNews.com

> > on Jan.

> > > 20. The CNSNews.com report noted that a large part of '

> > legal career

> > > was based on " junk science, " which he used to win hugely

lucrative

> > legal

> > > judgments or settlements against the medical profession.

> > >

> > > The outcome of those cases, many of them dealing with the

debatable

> > cause

> > > of cerebral palsy in infants, made a rich man, allowing

him

> > to

> > > self-finance a 1998 run for the U.S. Senate from North Carolina

and

> > > position himself as a presidential candidate in 2004.

> > >

> > > The CNSNews.com report pointed to medical studies, dating back

to

> > at least

> > > the 1980s, which asserted that doctors could do very little to

cause

> > > cerebral palsy during the birthing process. Two new studies in

2003

> > further

> > > undermined the scientific premise of the high-profile court

cases

> > won by

> > > .

> > >

> > > now insists that the cerebral cases he represented were

the

> > exceptions.

> > >

> > > " I took very seriously our responsibility to determine if our

cases

> > were

> > > merited, " told the New York Times in the January 30

> > interview, just

> > > days after refusing to answer CNSNews.com's questions on the

same

> > topic.

> > >

> > > " Before I ever accepted a brain-injured child case, we would

spend

> > months

> > > investigating it, " added.

> > >

> > > The Times article noted that between 1985 and 1995, "

filed

> > at least

> > > 20 similar lawsuits against doctors and hospitals in deliveries

> > gone wrong,

> > > winning verdicts and settlements of more than $60 million,

typically

> > > keeping about a third. "

> > >

> > > 'Crisis'

> > >

> > > Brannan believes that did his part to contribute to the

> > American

> > > Medical Association's listing of North Carolina as one of

> > the " crisis

> > > states " for rising liability insurance.

> > >

> > > Many physicians in the state are opting to quit their practices

> > because

> > > they cannot afford the insurance premiums, according to Brannan.

> > >

> > > The hospital that Brannan now serves as the chief medical

officer

> > also has

> > > been the target of and his law firm.

> > >

> > > " Our hospital (Mission Hospitals, formerly St ph's) had two

> > major suits

> > > brought by ['s] law firm -- one of which he was able to

> > prevail and

> > > got a judgment, and another one his firm lost, " Brannan noted.

> > >

> > > Brannan said he personally was forced to stop his obstetrics

> > practice when

> > > his insurance premiums shot up.

> > >

> > > " My premium two years ago was $44,000 a year, and my insurance

> > carrier

> > > notified me that if I wished to continue practicing, it was

going

> > up to

> > > $68,000 for this year, " Brannan said.

> > >

> > > " I chose to discontinue my Ob privileges, because I would have

to

> > deliver

> > > 68 babies just to pay the premium before being able to pay any

> > office

> > > expenses. " He also said that his premiums were lower than those

of

> > many

> > > other doctors because of his affiliation with a hospital.

> > >

> > > The small practitioners are hit the hardest by rising insurance,

> > Brannan said.

> > >

> > > " Liability premiums are the same whether you deliver one baby a

> > year or 300

> > > babies a year, " he explained.

> > >

> > > " The town of lin, North Carolina, lost their sole Ob/Gyn

> > practitioner,

> > > so now the women in that town are having to travel over a

mountain

> > pass to

> > > a neighboring city in order to get obstetrical care, " Brannan

said.

> > >

> > > http://www.cnsnews.com/ViewCulture.asp?Page=%5CCulture%

5Carchive%

> > 5C200402%5CCUL2

> > > 0040210a.html

> >

> >

> >

> >

> >

_._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._.

_._.

> > Join the International Hyperbaric Medical Association

>

http://www.hyperbaricmedicalassociation.org/forms/Friends_of_IHMA_Join

..pdf

> >

> > EPSDT decisions http://healthlaw.org/pubs/200308.epsdtdocket.html

> >

> > Unrestricted downloads of 50+ pdf files on HBOT efficacy

> medicaid/files/ ,

> HDO-documentation/files/ and

> http://www.drneubauerhbo.com/papers.htm

> >

> > Download your state EPSDT program

> http://www.hcfa.gov/medicaid/stateplan/Map.asp by doing a search on

the word

> " ameliorate " . State Medicaid websites

> http://www.medi-cal.ca.gov/RelSites_Oth_States.asp . Medicaid waiver

> programs:

http://www.geocities.com/HotSprings/Villa/1029/medicaid.html

> >

> > Find a hyperbaric clinic http://www.netnet.net/mums/hbolist.htm

> >

> > HBOT can save billions of dollars and millions of heartaches.

Subscribe to

> by sending a blank email to

> mailto:medicaid-subscribe

> >

> > Unsubscribe? Click here mailto:medicaid-

unsubscribe

> .

> >