Brenda’s Corner: We Settled our Case. Now What?

Written by Brenda Agnew, Client Liaison

 

How it all began.

About two years after our son was born, we decided to reach out to a lawyer to help us understand what had happened with some events after his birth.

We had been quietly questioning and researching for about a year prior but leaped once I felt we had enough to bring forward our theory on what had caused our son’s brain injury.  They say hindsight is twenty-twenty. I realized we didn’t have to do all the work, Gluckstein Lawyers did that for us. Regardless, once we decided to do this, it was full steam ahead. We knew in our hearts and minds that an incident had happened, or rather in our son’s case didn’t happen, and we wanted to right some wrongs.

In past blog posts, I have written about our reasons for pursuing a case on our son’s behalf, and what that process involved. The number of years required, the different steps involved, the back and forth and all the emotions that accompany an intense process like a medical malpractice lawsuit.

What I don’t often talk about is life after it was all said and done. Thankfully our case settled in a pre-trial, and we never had to go to court. For which I am both thankful, but also a bit disappointed, as I think I would have wanted to see what that experience was like (don’t tell my lawyer/now boss). Lately, I have had other parents ask me what things were like after it was over. How did I feel, what did it all mean, did the magic wand of justice take away all of my worries?

I will say that immediately upon confirmation of settlement, I felt beyond elated. Still, it also felt so surreal after so many years of wondering if and when that might happen. There were handshakes and hugs and audible sighs of relief.

And then came the tears.

We hit the judge’s chamber, and he asked us if we had anything we wanted to say — the room filled with our legal team and the team on the other side. As I opened my mouth to let out about all the feelings I had over all the previous years, no words came. But the tears started and didn’t stop. It was probably a blessing in disguise — no telling what I would have said given a chance.

Initially, we had no idea what the impact would be on our lives and Maclain’s life, but as the weeks and months wore on, we began to grasp the magnitude of this settlement.

It did not lessen my sadness over what had happened, or erase my anger, and it certainly did not take away Maclain’s birth injury, nor did it suddenly take away my fears for the future. The emotions have dulled a bit over time, but that is more about the “grieving” process, not the legal journey.

 

Here is what it did do.

It connected us for life with a caring team of advocates who worked tirelessly to get a resolution for our son. Regardless of the outcome, we knew Gluckstein Lawyers would always be in our corner one way or another for this journey.  I guess so much so that they hired me to keep me nice and close.

It helped to ensure that what happened to Maclain would not happen to another baby at that hospital. It allowed us the opportunity to make some much-needed renovations to our home to make it more accessible for our son.

It meant that we would no longer wonder how we would pay for therapy or equipment or an accessible van. We were able to look ahead and plan some experiential outings for Maclain. It provided us with some respite, some funds to help with attendant care so we could better manage our life with a child living with a severe disability.

And of course, the most significant piece of the whole thing was the knowledge that there would be adequate funds for his future. Not a guaranteed peace of mind, those worries still keep me up at night, but a way of at least knowing that the money will be there to help support whatever needs he may have. It helped lift some worries and gave us some hope for the future while allowing us the opportunity to enjoy the present better.

 

Thank you for joining us for this edition of Brenda’s Corner. Please continue to follow her family journey for advice, insights and education related to parenting and empowering children of all abilities. Any questions? Contact Brenda directly at [email protected]

Join me for another edition of Brenda’s Corner or read my past posts.

 

Brenda’s Corner: The 2nd Annual Gluckstein Holiday Giving Campaign & The Starlight Children’s Foundation

Brenda’s Corner: Extended Hospital Stays

Brenda’s Corner: OBIA Resources and Support for Pediatric Caregivers

Improving Accessibility with Innovative Technology

Don’t Kiss Babies, You Could Save Lives

Social Justice – Itʼs the Attitude that Needs to Change

  1. B. Nurse Found to Have Tampered with IVs By Adding Unprescribed Drugs

How to Advocate for Yourself in the Healthcare System

The Dangers Of Pediatric Traumatic Brain Injury

Brenda’s Corner: Unconditional Love

Brenda’s Corner: The Most Wonderful Time of the Year?

Brenda’s Corner: Halloween Haunts

Children with Brain Injuries Face Mounting Challenges When Returning to School

Gluckstein Employee Offers Support Through Shared Experience

Brenda’s Corner: Travelling with my Son Maclain

Brenda’s Corner: Future Independence with Powered Mobility

 

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