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Pregnant after permanent sterilization...


ubermama
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I encountered a specialist's office today that seemed dubious about the prospects of collecting a payment from another state's Medicaid, and a lab worker and receptionist that gave me deer-in-headlights stares when I said the same to them. They took copies of my decision letter from MI and looked at me like I was crazy. I swear, I think I need to print out that law, highlight the applicable sections and laminate it... and keep that with me. Maybe I can get some paper claims forms for Michigan Medicaid so I can give those over whenever I see another health care provider in NE.

 

In other news, my boy is 1 lb, 8 oz and very active! :yahoo:

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I encountered a specialist's office today that seemed dubious about the prospects of collecting a payment from another state's Medicaid, and a lab worker and receptionist that gave me deer-in-headlights stares when I said the same to them. They took copies of my decision letter from MI and looked at me like I was crazy. I swear, I think I need to print out that law, highlight the applicable sections and laminate it... and keep that with me. Maybe I can get some paper claims forms for Michigan Medicaid so I can give those over whenever I see another health care provider in NE.

 

In other news, my boy is 1 lb, 8 oz and very active! :yahoo:

 

 

:good:

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1) Stay off the phone with the doctor who did the tubal and explain your situtation thoroughly - send him a letter on the subject .......

 

2) check with the local court where he his office is, and see if there are any lawsuits filed.

 

3 ) he may want to offer services if he thinks this might end up as a malpractice claim against his insurance - but you shouldn't mention this - just talk about your situation - high risk and lack of insurance and see if he makes an offer.

Amen! Hope there is no statue of limitation or it's not beyond. I'd still also see if there is lawsuits against the makers of the procedure you had. Good luck to you and family!

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1) Stay off the phone with the doctor who did the tubal and explain your situtation thoroughly - send him a letter on the subject .......

 

2) check with the local court where he his office is, and see if there are any lawsuits filed.

 

3 ) he may want to offer services if he thinks this might end up as a malpractice claim against his insurance - but you shouldn't mention this - just talk about your situation - high risk and lack of insurance and see if he makes an offer.

Amen! Hope there is no statue of limitation or it's not beyond. I'd still also see if there is lawsuits against the makers of the procedure you had. Good luck to you and family!

 

Statute of limitations on something like this would likely start running on the date the plaintiff first found out about it. OP likely has plenty of time to do something if need be.

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I just found out about it this month when I got the home pregnancy test, and the official diagnosis of pregnancy was a few days later, and that was less than 2 weeks ago. In any case, I might wait to do anything about it until after the baby is born so that the total cost of maternity and delivery is known. The most staggering cost ahead of me is actually putting another kid through college. I also don't yet know the toll this pregnancy will have on my health long-term.

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I know that your primary focus has been getting the insurance and helath care straighten out .

 

However, since you're getting medicare for this , the state of michigan would want to be reimbursed . and you should talk to a MI lawyer about all this

 

MIchigan would probably not be too happy to hear that it's caused by the failure of a what was supposed to be and confirmed permant sterilization procedure.

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I know that your primary focus has been getting the insurance and helath care straighten out .

 

However, since you're getting medicare for this , the state of michigan would want to be reimbursed . and you should talk to a MI lawyer about all this

 

MIchigan would probably not be too happy to hear that it's caused by the failure of a what was supposed to be and confirmed permant sterilization procedure.

 

Hi, ICAN,

 

This actually did occur to me. I was wondering if having the state's lawyer involved would make it any easier for me to win some kind of judgment. It isn't fair that they should have to pay for this either (through Medicaid) when they paid for the sterilization procedure!!! Yes, I qualify financially, but absolutely if the state can get reimbursed by the manufacturer, I would like that to happen. For now, I just need the baby taken care of by some kind of insurance... after March, you better believe the gloves are coming off. Not only that, my husband now HAS to get a vasectomy, or I have to get another sterilization procedure done. THEY WILL be paying for that. Can you tell that as time goes by I'm getting more and more ticked?

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I know that your primary focus has been getting the insurance and helath care straighten out .

 

However, since you're getting medicare for this , the state of michigan would want to be reimbursed . and you should talk to a MI lawyer about all this

 

MIchigan would probably not be too happy to hear that it's caused by the failure of a what was supposed to be and confirmed permant sterilization procedure.

 

Hi, ICAN,

 

This actually did occur to me. I was wondering if having the state's lawyer involved would make it any easier for me to win some kind of judgment. It isn't fair that they should have to pay for this either (through Medicaid) when they paid for the sterilization procedure!!! Yes, I qualify financially, but absolutely if the state can get reimbursed by the manufacturer, I would like that to happen. For now, I just need the baby taken care of by some kind of insurance... after March, you better believe the gloves are coming off. Not only that, my husband now HAS to get a vasectomy, or I have to get another sterilization procedure done. THEY WILL be paying for that. Can you tell that as time goes by I'm getting more and more ticked?

 

that's why you need to talk to a michigan malpratice lawyer one that is registered at the Michigan state bar- he/she will advise you what, if anything to tell the state agency at this time.

 

you probably have a good enough case that they will take this on contingency - don't pay for a consultation.

 

the sterilizataion failed, you had it done because you couldn't afford another child, either finacially or physically, since your high risk ( let them know why you're high risk, and your OB/GYN was well aware of it. )

 

now you're on medicaid and have to self pay other insurance to boot, working out of state because of the economy. and have another child to raise

 

all that should get thier attention -

 

I'm not a lawyer, just piddle about with contract laws, FDCPA , FCRA and state rules of courts here on CB - medical and insurance laws are another thing altogether.

 

I don't know who to reccomend in MI, haven't a clue - but watch out for those who have to advertise - the really good lawyers don't .

 

most malpratice lawyers have probably handled this type of claim before .

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Do you remember if you signed a waiver when you had your tubal?

 

I remember I had to when I had mine that said, in effect, that I would not hold them responsible if a properly preformed tubal ligation failed at some point in the future. From my understanding, this is pretty much s.o.p. for most practices.

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Do you remember if you signed a waiver when you had your tubal?

 

I remember I had to when I had mine that said, in effect, that I would not hold them responsible if a properly preformed tubal ligation failed at some point in the future. From my understanding, this is pretty much s.o.p. for most practices.

 

 

I don't doubt it, however re-read her whole post - it wasn't a tubal ligation

 

this involved inserting a patented plug in the fallopian tube, and heating it so that scar tissue was formed around it - then a few months later she had to go back for a another test and the OB/GYN confirmed that it was in fact sealed - and that she didn't have to use contraceptives after that.

 

http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2709331/

 

the question is - whether she was advised that the was a still a risk of failure and what the rate was after the confirmation.

 

and whether the failure was due the the Dr misinterpeting the results. - then the Dr. is liable.

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You might want to research to see if there is a class action lawsuit against them.

 

As it is, you will have to go after both the doctor and the manufacturer. The manufacturer will, of course, say that the doctor did it incorrectly.

 

I did a few google searches, but as of yet I can't find mention of any lawsuits for product failure. however i did not do an exhaustive search. If you know someone with Lexus Nexus, you might want to ask them to research it. (However, I did find quite a few articles on the infringement lawsuit)

 

If there aren't a lot (or any) lawsuits, then your chances probably aren't that good. Considering that there are a lot of women who have gotten pregnant, I would assume that there would be a lot of lawsuits.....if there isn't, it could mean that lawyers don't think it is a winnable case.

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As it is, you will have to go after both the doctor and the manufacturer. The manufacturer will, of course, say that the doctor did it incorrectly.

 

...and the doctor will say "Don't blame me! It's a defective product - blame the manufacturer!" So yes, I will have to sue them both.

 

Just because there aren't a lot of lawsuits it doesn't mean there aren't a lot of settlements.

 

I'm cranky enough that I don't even care if there are any other lawsuits. I'm suing.

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  • 2 weeks later...

As it turns out, December is open enrollment month for my employer. I thought it was May for some reason so since it was this month, I asked whether my current pregnancy will be covered, noting that I have not had 18 months of credible coverage. The answer came back YES, because in this case pregnancy is not a pre-existing condition. I think it's because this is employer-sponsored open enrollment and the rules are more relaxed. Whew! I took a huge paycut (~$8,000/yr) and signed up. So as of January 1, I will have major medical. The deductible isn't as bad as I thought - $2,000 per family with another $2,000 max out of pocket per family. The delivery will be covered at 80% in network.

 

SO... if Medicaid bails, as they have threatened to do, I will still be mostly covered, and I'm OK with that. I now make significantly less, so I can probably get Medicaid in NE if I apply after the new salary takes effect. MI has said they will terminate coverage if I get a contract extension. If the other part of the expenses is covered by Medicaid, I'll count myself lucky.

 

I have officially exhaled. Thanks for the supportive comments!!!

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  • 3 months later...

I had the baby! My profile pic is his picture at 22 hours old. 7 lbs. 2 oz, 19 1/4 inches. I named him Vaughn Isaiah.

 

After 12 hours of labor, I wasn't progressing and the baby couldn't tolerate labor. Labor was killing him - plus he flipped to frank breech (butt down) DURING labor and had his cord wrapped around his neck twice. He couldn't get out and couldn't stay in. An emergency C-section was required to save both of our lives! This was not a cheap delivery! We are going to be OK. One of the friends who visited us in the hospital teaches medical school (heart surgery) and when I told him about this story he commented, "Any lawyer would want this case because they are going to win." That was a good reassurance.

 

The most important thing is that my big little miracle is sleeping a few feet away from me and will soon wake me for his next meal. Thank you all for your kind words of support which buoyed me through this harrowing experience!!!

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  • 2 weeks later...

First off congrats.

 

I'm wondering if you ever looked into legal action against the manufacturer or if there was a class action suit? I ask as I now have a 1 year old after having this procedure done (I was pregnant 6 months later). I looked a little into it but not much and wish I would have done more research. Thankfully Alex was born healthy and happy :-)

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