Guest guest Posted November 30, 2001 Report Share Posted November 30, 2001 Another thing to keep in mind is, if possible, only do testing on the mercury or actual metal you plan to sue about. We had considered suing the golf course that poisoned us with arsenic and did testing every round for two years. Unfortunately, with the high levels of other metals, it makes it a little harder to state that arsenic caused all of the problems. Now, most of us know that once one metal comes in, they all glom on, but that may make it harder to convince a jury. These kind of cases are hard enough on their own without throwing other questions in. Gaylen Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 1, 2001 Report Share Posted December 1, 2001 I also wonder if because a mom breastfed and has amalgams in her mouth if they would say the majority of the mercury can from breastmilk. There definitely seems to be reasonable doubt and there are so many different theories regarding what shot did what. There seems to be too much wrong with the immunizations to blame only the mercury. nne > I've been talking to several lawyers and get the feeling in the end that > they're all going to want clients who are doing chelation with lots of tests > to show what's coming out. The lawyer I talked to today said I should test > after every single round. We haven't even tested once because Dr. Holmes > hasn't told us to and I feel like I've already blown it because we didn't > test in the beginning when it shows a lot of mercury coming out with DMSA > only. We can barely afford to buy everything that goes along with chelation > and certainly couldn't afford that much testing anyway. I faxed Dr. Holmes > and told her to set us up on a schedule that would help our case and she > said, " Be very careful on this endeavor. The real key to " proving " mercury > toxicity where it will standup in court is showing enough abnormalities that > only mercury can cause, not how much mercury is actually coming out, > especially now that we are on to brain mercury. This does not ever come out > in huge loads. " I totally agree with her but the lawyers I've talked to say I > won't have a chance without testing. I wanted to let everyone know so > especially the parents who are just starting chelation, make sure you get > plenty of testing done if you plan on pursuing a law suit. > > Jo > Representative for Unlocking Autism in South Carolina > www.unlockingautism.org Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 1, 2001 Report Share Posted December 1, 2001 Hi Jo, It is nice of you to share this info. To me it seems like the best outcome would be a class action suit with a very broad/inclusive " class " . I don't know a thing about if this is being pursued or what the " chances " are. Also, this might have a better " chance " of success after other individual cases have been completed. If any of you know about class actions being pursued, I'd be interested just to hear about it. Thanks. Moria At 05:52 PM 11/30/2001 EST, you wrote: >I've been talking to several lawyers and get the feeling in the end that >they're all going to want clients who are doing chelation with lots of tests >to show what's coming out. The lawyer I talked to today said I should test >after every single round. We haven't even tested once because Dr. Holmes >hasn't told us to and I feel like I've already blown it because we didn't >test in the beginning when it shows a lot of mercury coming out with DMSA >only. We can barely afford to buy everything that goes along with chelation >and certainly couldn't afford that much testing anyway. I faxed Dr. Holmes >and told her to set us up on a schedule that would help our case and she >said, " Be very careful on this endeavor. The real key to " proving " mercury >toxicity where it will standup in court is showing enough abnormalities that >only mercury can cause, not how much mercury is actually coming out, >especially now that we are on to brain mercury. This does not ever come out >in huge loads. " I totally agree with her but the lawyers I've talked to say I >won't have a chance without testing. I wanted to let everyone know so >especially the parents who are just starting chelation, make sure you get >plenty of testing done if you plan on pursuing a law suit. > >Jo >Representative for Unlocking Autism in South Carolina >www.unlockingautism.org Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 1, 2001 Report Share Posted December 1, 2001 Moria Merriweather wrote: > Hi Jo, > > It is nice of you to share this info. To me it seems like the best > outcome would be a class action suit with a very broad/inclusive > " class " . I don't know a thing about if this is being pursued or > what the " chances " are. Also, this might have a better " chance " > of success after other individual cases have been completed. > If any of you know about class actions being pursued, I'd > be interested just to hear about it. Thanks. > > Moria > > From what Ive looked into Ive found 3 courses of action. 1- compensation from the Feds by doing the VAERS (btw if you have a lawyer do this for you the feds pay the lawyers and not out of your compensation $) The law firms that have been advertising in newspapers are doing this. Currently one has 3 years injury to file 2 - Class action lawsuits. Walters and Kraus are pursuing legal action with several other firms. http://www.autismfruad.com will tell you more, Its also the source of the controversial CDC thimerasol study I posted in the files. , posts here and is associated with Walters & Kraus. She can probably tell us more. 3 - Civil suits. more difficult. Must try VAERS first I believe. Also each state has a limited amount of time to file from the date of injury (some only 6 months!) also some states severely limit the amount one may receive. Hard to prove as many have already mentioned. Something that seems a " sure thing " is if a child has seizures. There are seizures called " absent seizures " and one needs to find out exactly what these are (because I dont know specifically). One lawyer told us from what I described our child doing it was likely he had them. He would stare endlessly into lights - that what brought his attention to that. Best Wishes Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 1, 2001 Report Share Posted December 1, 2001 I'm so sorry that that is what you have found. Our Lawyer said the best evidence is that my wee one is getting better on chelation. Also, that he personally saw Tristan slip away, along with a mutual friend that will make a perfect witness. The shot records that show the mercury going into him that correlates with the regression. Now, unfortunately for you, my Attny does NOT want this to become a class action suit. He wants to see Tristan receive enough to take care of him if a full recovery isn't possible. In a class action suit, only the Attny's make money I will be speaking to him soon, and letting him know that there are a few parents here that want his help as well, I'll see what he says. JPiker@... wrote: > I've been talking to several lawyers and get the feeling in the end that > they're all going to want clients who are doing chelation with lots of tests > to show what's coming out. The lawyer I talked to today said I should test > after every single round. We haven't even tested once because Dr. Holmes > hasn't told us to and I feel like I've already blown it because we didn't > test in the beginning when it shows a lot of mercury coming out with DMSA > only. We can barely afford to buy everything that goes along with chelation > and certainly couldn't afford that much testing anyway. I faxed Dr. Holmes > and told her to set us up on a schedule that would help our case and she > said, " Be very careful on this endeavor. The real key to " proving " mercury > toxicity where it will standup in court is showing enough abnormalities that > only mercury can cause, not how much mercury is actually coming out, > especially now that we are on to brain mercury. This does not ever come out > in huge loads. " I totally agree with her but the lawyers I've talked to say I > won't have a chance without testing. I wanted to let everyone know so > especially the parents who are just starting chelation, make sure you get > plenty of testing done if you plan on pursuing a law suit. > > Jo > Representative for Unlocking Autism in South Carolina > www.unlockingautism.org > > > ======================================================= > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 2, 2001 Report Share Posted December 2, 2001 --- Waters & Krause in Dallas, TX is working on a class-action lawsuit against vaccine manufacturers. My son is involved. 1-800-226-9880 Lindy ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~In @y..., Moria Merriweather <moriam@e...> wrote: > Hi Jo, > > It is nice of you to share this info. To me it seems like the best > outcome would be a class action suit with a very broad/inclusive > " class " . I don't know a thing about if this is being pursued or > what the " chances " are. Also, this might have a better " chance " > of success after other individual cases have been completed. > If any of you know about class actions being pursued, I'd > be interested just to hear about it. Thanks. > > Moria > > At 05:52 PM 11/30/2001 EST, you wrote: > >I've been talking to several lawyers and get the feeling in the end that > >they're all going to want clients who are doing chelation with lots of tests > >to show what's coming out. The lawyer I talked to today said I should test > >after every single round. We haven't even tested once because Dr. Holmes > >hasn't told us to and I feel like I've already blown it because we didn't > >test in the beginning when it shows a lot of mercury coming out with DMSA > >only. We can barely afford to buy everything that goes along with chelation > >and certainly couldn't afford that much testing anyway. I faxed Dr. Holmes > >and told her to set us up on a schedule that would help our case and she > >said, " Be very careful on this endeavor. The real key to " proving " mercury > >toxicity where it will standup in court is showing enough abnormalities that > >only mercury can cause, not how much mercury is actually coming out, > >especially now that we are on to brain mercury. This does not ever come out > >in huge loads. " I totally agree with her but the lawyers I've talked to > say I > >won't have a chance without testing. I wanted to let everyone know so > >especially the parents who are just starting chelation, make sure you get > >plenty of testing done if you plan on pursuing a law suit. > > > >Jo > >Representative for Unlocking Autism in South Carolina > >www.unlockingautism.org Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 3, 2001 Report Share Posted December 3, 2001 Hi, ! Just so you know, there are only two types of suits because there are only two types of courts: criminal and civil. Class action suits are civil actions filed in civil court. Of course, there are state courts, and federal courts, depending upon which court has jurisdiction to hear the suit. If the suit is filed in the wrong court, it will be dismissed for lack of jurisdiction. I am not going to go on as things get really complex beyond this explanation. Just FYI! Re: [ ] Lawsuit Frustration Moria Merriweather wrote: > Hi Jo, > > It is nice of you to share this info. To me it seems like the best > outcome would be a class action suit with a very broad/inclusive > " class " . I don't know a thing about if this is being pursued or > what the " chances " are. Also, this might have a better " chance " > of success after other individual cases have been completed. > If any of you know about class actions being pursued, I'd > be interested just to hear about it. Thanks. > > Moria > > From what Ive looked into Ive found 3 courses of action. 1- compensation from the Feds by doing the VAERS (btw if you have a lawyer do this for you the feds pay the lawyers and not out of your compensation $) The law firms that have been advertising in newspapers are doing this. Currently one has 3 years injury to file 2 - Class action lawsuits. Walters and Kraus are pursuing legal action with several other firms. http://www.autismfruad.com will tell you more, Its also the source of the controversial CDC thimerasol study I posted in the files. , posts here and is associated with Walters & Kraus. She can probably tell us more. 3 - Civil suits. more difficult. Must try VAERS first I believe. Also each state has a limited amount of time to file from the date of injury (some only 6 months!) also some states severely limit the amount one may receive. Hard to prove as many have already mentioned. Something that seems a " sure thing " is if a child has seizures. There are seizures called " absent seizures " and one needs to find out exactly what these are (because I dont know specifically). One lawyer told us from what I described our child doing it was likely he had them. He would stare endlessly into lights - that what brought his attention to that. Best Wishes Quote Link to comment Share on other sites More sharing options...
Guest guest Posted December 3, 2001 Report Share Posted December 3, 2001 insert homer simpson 'doh.wav' here Steinbach wrote: > Hi, ! > > Just so you know, there are only two types of suits because there are > only two types of courts: criminal and civil. Class action suits are > civil actions filed in civil court. Of course, there are state > courts, and federal courts, depending upon which court has > jurisdiction to hear the suit. If the suit is filed in the wrong > court, it will be dismissed for lack of jurisdiction. I am not going > to go on as things get really complex beyond this explanation. > > Just FYI! > > > Re: [ ] Lawsuit Frustration > > > > > Moria Merriweather wrote: > > > Hi Jo, > > > > It is nice of you to share this info. To me it seems like the > best > > outcome would be a class action suit with a very broad/inclusive > > " class " . I don't know a thing about if this is being pursued or > > what the " chances " are. Also, this might have a better " chance " > > of success after other individual cases have been completed. > > If any of you know about class actions being pursued, I'd > > be interested just to hear about it. Thanks. > > > > Moria > > > > > > From what Ive looked into Ive found 3 courses of action. > > 1- compensation from the Feds by doing the VAERS (btw if you have a > lawyer do this for you the feds pay the lawyers and not out of your > compensation $) The law firms that have been advertising in > newspapers > are doing this. Currently one has 3 years injury to file > > 2 - Class action lawsuits. Walters and Kraus are pursuing legal > action > with several other firms. http://www.autismfruad.com will tell you > more, Its also the source of the controversial CDC thimerasol study > I > posted in the files. , posts here and is associated with > Walters & > Kraus. She can probably tell us more. > > 3 - Civil suits. more difficult. Must try VAERS first I believe. > Also > each state has a limited amount of time to file from the date of > injury > (some only 6 months!) also some states severely limit the amount one > may > receive. Hard to prove as many have already mentioned. > > Something that seems a " sure thing " is if a child has seizures. > There > are seizures called " absent seizures " and one needs to find out > exactly > what these are (because I dont know specifically). One lawyer told > us > from what I described our child doing it was likely he had them. He > would stare endlessly into lights - that what brought his attention > to > that. > > Best Wishes > > > > Quote Link to comment Share on other sites More sharing options...
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