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Re: report from Dr. Blais- Shari/Kate/

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Kenda

I tried that - for months..... I understand the statute but I couldn't find an atty willing to argue it.... I tried calling many of them inmy area and some even out of state - same answer.... Mention implants - not interested.... just my experience. I would have LOVED to give it to Mentor for their faulty valves... it just wasn't in my cards I guess....

love

shari

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i agree - it depends on the state limitations... i was just trying to save her undo mental pain when they repeatedly turned her down as is the norm w/ atty's today in reference to implant issues... I haven't talked to anyone int he last 3 years that has found and atty anywhere in the US willing to take it on.... Very sad but true. Hopefully she is not past her limits and has a case before she wastes a lot of time and energy.... It can be very emotionally draining....

love

shari

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Thanks guys for this information. I wonder if I am beyond the state's statute of limitations even though this was only found out ... (the valves) recently. If only I could get a lawyer to atleast talk to me... how damn frustrating this is.

Dawn

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In some cases a statute of limitations starts the day you became aware of a problem, not the day something happened — ie., your implantation. Maybe you could at least find an attorney that will answer your statute question so you will know if you should go forward. If the statute has already run, you won’t be able to file a lawsuit.

Kenda

Thanks guys for this information. I wonder if I am beyond the state's statute of limitations even though this was only found out ... (the valves) recently. If only I could get a lawyer to atleast talk to me... how damn frustrating this is.

Dawn

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Hi Shari,

It would definitely be a tough road to go. The ideal attorney would be a female with bad implants who understood your cause. If Dawn can at least find out what the statute is, she can find out if she can even file a lawsuit. If the statute has run, there is no use even looking for an attorney to represent her.

Kenda

Kenda

I tried that - for months..... I understand the statute but I couldn't find an atty willing to argue it.... I tried calling many of them inmy area and some even out of state - same answer.... Mention implants - not interested.... just my experience. I would have LOVED to give it to Mentor for their faulty valves... it just wasn't in my cards I guess....

love

shari

Opinions expressed are NOT meant to take the place of advice given by licensed health care professionals. Consult your physician or licensed health care professional before commencing any medical treatment.

" Do not let either the medical authorities or the politicians mislead you. Find out what the facts are, and make your own decisions about how to live a happy life and how to work for a better world. " - Linus ing, two-time Nobel Prize Winner (1954, Chemistry; 1963, Peace)

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Yes - I found this web page about California's new law

http://consumerlawpage.com/article/sol-extended.shtml

California's Two Year Statute of Limitations: Extended until Suspicion

of Injury

In Fox, the Supreme Court held that knowledge of an injury alone does

not start the running of California's statute of limitations. The

statute only starts to run when a plaintiff learns of possible

wrongdoing, even if the identity of the defendant is unknown.

On 23, Aug 2005, at 1:33 PM, Kenda Skaggs wrote:

> In some cases a statute of limitations starts the day you became aware

> of a problem, not the day something happened — ie., your implantation.

>  Maybe you could at least find an attorney that will answer your

> statute question so you will know if you should go forward.  If the

> statute has already run, you won’t be able to file a lawsuit.

>

> Kenda

>

>

>> Thanks guys for this information. I wonder if I am beyond the

>> state's statute of limitations even though this was only found out

>> ... (the valves) recently. If only I could get a lawyer to atleast

>> talk to me... how damn frustrating this is.

>>

>> Dawn

>>

>

>

> Opinions expressed are NOT meant to take the place of advice given by

> licensed health care professionals. Consult your physician or licensed

> health care professional before commencing any medical treatment.

>

> " Do not let either the medical authorities or the politicians mislead

> you. Find out what the facts are, and make your own decisions about

> how to live a happy life and how to work for a better world. " - Linus

> ing, two-time Nobel Prize Winner (1954, Chemistry; 1963, Peace)

>

>

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Do you remember what your statute was? I can’t even imagine the emotional drain it would take to fight a case involving your health when you were wronged. I turned over our house repairs to our homeowner’s insurance because I didn’t want to sue our builder. I really did want to sue him, very badly, but I didn’t want the drain on me emotionally.

Kenda

i agree - it depends on the state limitations... i was just trying to save her undo mental pain when they repeatedly turned her down as is the norm w/ atty's today in reference to implant issues... I haven't talked to anyone int he last 3 years that has found and atty anywhere in the US willing to take it on.... Very sad but true. Hopefully she is not past her limits and has a case before she wastes a lot of time and energy.... It can be very emotionally draining....

love

shari

Opinions expressed are NOT meant to take the place of advice given by licensed health care professionals. Consult your physician or licensed health care professional before commencing any medical treatment.

" Do not let either the medical authorities or the politicians mislead you. Find out what the facts are, and make your own decisions about how to live a happy life and how to work for a better world. " - Linus ing, two-time Nobel Prize Winner (1954, Chemistry; 1963, Peace)

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You may do a websearch for " Attorney Breast implants

California " worth doing.

Rogene

--- Dawn A <daldre@...> wrote:

>

> Thanks guys for this information. I wonder if I am

> beyond the state's statute of limitations even

> though this was only found out ... (the valves)

> recently. If only I could get a lawyer to atleast

> talk to me... how damn frustrating this is.

> Dawn

>

>

> __________________________________________________

>

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In Florida it is 2 years/4 years - one for medical malpractice and one for faulty products causing injury liability - I cannot remember off the top of my head which was which... I was told by several atty's here that only in very rare cases is it extended - like if I could prove my son had silicone in him causing his issues it would be a reason for a possible and I could sue in his behalf by I didn't realize until 2/03 that it was the implants causing my illness - that was almost 7 years after receiving them. They tried to go after mentor & my doctor for the implant they had to replace in 99 that ruptured but ended up dropping it as I signed a form for the replacement as it was a free replacement ... they lied and told me the form was consent to send the implant back to the mfg so they could analyze it for "product quality purposes". I signed it several days AFTER the replacement surgery at my first follow up. I was on pain meds from the surgery and was really out of it. the nurse slipped it in front of me and said that she had forgotten to get me to sign the form so they could send the implant back.... I just signed it as I was in pain and not feeling well. Turns out not only was it authorization to send it back but also a disclaimer saying that I couldn't sue them for that particular implant rupture as they replaced it for free..... I was an idiot for signing it but I really had no idea what it was and that was long before I knew there were illness on the way.... I was just happy to have it replaced as it was disgusting walking around w/ that ruptured implant flopping around inside of me...

My atty wanted to go after the doctor other than Mentor to keep it out of federal court as they were out of state. After they saw that signed doc they decided to drop my case although the atty in the practice I was dealing with said he did not agree with that decision and thought I had a good case but the partners wouldn't agree. That was that - 9 months I went through stuff with them signing my life away for my medical records, etc., to get my hopes up and have it dropped. It was a very disappointing experience that ended up causing me to go into worse depression that usual. It really wasn't worth it.. I have thought many times of doing what he said on behalf of my son as who knows what he will encounter later in life from the exposure but there are not any doctors around here that will do "silicone testing". I found several but they were in different states and we just cannot afford to travel much less spend a few weeks somewhere doing tests. Also I really didn't want to put him through a series of prods and pokes ay age 3....

For whoever is interested that has not had their implants for too long, Dr. Blais' has a list of Atty's he sent to me that have handled implant matters... this is how I found mine.

shari

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