Same Judge Same Issue as Hershey

[LIsa Anderson]

I am having to go through appeal for the exact same issue with same Judge. I filed 1 month after statue ran out. Who knew anything about the robot issues since they were all hidden, doesn't seem fair I'm ruined for life from the surgery and they screw me with this technicality even though all the issues were hidden. My hospital also got rid of the robot soon after but nobody can tell me why!

How are they keeping the dirt out of the media? Something smells fishy!

 

[anonymous]

Your right!
What happened to the commercials on television ?
Why isn't there more on this after all the injuries and deaths?
Why are they getting away with this?
Back door deals going on here or what?

 

[anonymous]

Your right!
What happened to the commercials on television ?
Why isn't there more on this after all the injuries and deaths?
Why are they getting away with this?
Back door deals going on here or what?

You're definitely taking it in the back door.

 

[anonymous]

I am having to go through appeal for the exact same issue with same Judge. I filed 1 month after statue ran out. Who knew anything about the robot issues since they were all hidden, doesn't seem fair I'm ruined for life from the surgery and they screw me with this technicality even though all the issues were hidden. My hospital also got rid of the robot soon after but nobody can tell me why!

How are they keeping the dirt out of the media? Something smells fishy!

After reading your deposition the law is clear. You must state when you "suspected" the defendants product. Your answer was "i don't remember". (that's not the correct answer to win) When your doctor tells you "the robot malfunctioned" (most believe that gives rise to suspicion) You have two years to file your complaint. FYI it's not the judge. It's your answers and the law. Unfortunately, I'm afraid the appeals court will agree Lisa.

When did you sign up with your attorney? If it was "less than a month" before your S.O.L. it not their fault. If they sat on it for months then perhaps his firms negligence is to blame? They should have went over your answers in your interrogatories and pointed out to you that you must answer that question before submitting your answer. You can always make a complaint to the State Bar Association to see if they were at fault in any way. After you lose the appeal.

Hidden defects does not matter if you were told it messed you up.(Was NOT hidden in your case) Hershey was not told. It did not "malfunction" in the surgeons view. That is the difference. Hershey was not aware until years later but filed before the two years once they "suspected".

The "dirt" is not dirty until a judgment by jury. No news outlet wants the risk of printing what's not proven. As soon as somebody refuses the large settlement offers and a jury's verdict is public you will see the media make as much $ off a sensational story like they always do.

You are not gagged. This is America. Your free to speak your mind. Tell the world. If no man objected and no man rebelled, those wrongs would last forever. The pursuit of truth shall set you free -even if you never catch up with it. Write the media. Get involved. Raise hell. Go get them in the way they hate. PUBLICLY.

Don't wait to fight. They just knocked you out while you are waiting to do something. Get up and DO SOMETHING BACK! You survived for a reason correct? Happy hunting Lisa. good luck

 

[anonymous]

After reading your deposition the law is clear. You must state when you "suspected" the defendants product. Your answer was "i don't remember". (that's not the correct answer to win) When your doctor tells you "the robot malfunctioned" (most believe that gives rise to suspicion) You have two years to file your complaint. FYI it's not the judge. It's your answers and the law. Unfortunately, I'm afraid the appeals court will agree Lisa.

When did you sign up with your attorney? If it was "less than a month" before your S.O.L. it not their fault. If they sat on it for months then perhaps his firms negligence is to blame? They should have went over your answers in your interrogatories and pointed out to you that you must answer that question before submitting your answer. You can always make a complaint to the State Bar Association to see if they were at fault in any way. After you lose the appeal.

Hidden defects does not matter if you were told it messed you up.(Was NOT hidden in your case) Hershey was not told. It did not "malfunction" in the surgeons view. That is the difference. Hershey was not aware until years later but filed before the two years once they "suspected".

The "dirt" is not dirty until a judgment by jury. No news outlet wants the risk of printing what's not proven. As soon as somebody refuses the large settlement offers and a jury's verdict is public you will see the media make as much $ off a sensational story like they always do.

You are not gagged. This is America. Your free to speak your mind. Tell the world. If no man objected and no man rebelled, those wrongs would last forever. The pursuit of truth shall set you free -even if you never catch up with it. Write the media. Get involved. Raise hell. Go get them in the way they hate. PUBLICLY.

Don't wait to fight. They just knocked you out while you are waiting to do something. Get up and DO SOMETHING BACK! You survived for a reason correct? Happy hunting Lisa. good luck

In a nutshell!

 

[anonymous]

Lawsuits are not easy. Even the people who deserve to be compensated are not because of technicalities. Most of us don't know the law. You have to ask questions. What caused your injury? You have to investigate. From the day you first suspect someone or something may have caused your injury you have two years to file. This gives you two years to investigate. What investigation did you do? What googles searches? What articles did you read? How did you first learn you might have a lawsuit? How did you find your lawyer? This all matters.

Make a timeline if you haven't already. I know you have these answers. They are important. Good luck with your appeal.

 

[anonymous]

After reading your deposition the law is clear. You must state when you "suspected" the defendants product. Your answer was "i don't remember". (that's not the correct answer to win) When your doctor tells you "the robot malfunctioned" (most believe that gives rise to suspicion) You have two years to file your complaint. FYI it's not the judge. It's your answers and the law. Unfortunately, I'm afraid the appeals court will agree Lisa.

When did you sign up with your attorney? If it was "less than a month" before your S.O.L. it not their fault. If they sat on it for months then perhaps his firms negligence is to blame? They should have went over your answers in your interrogatories and pointed out to you that you must answer that question before submitting your answer. You can always make a complaint to the State Bar Association to see if they were at fault in any way. After you lose the appeal.

Hidden defects does not matter if you were told it messed you up.(Was NOT hidden in your case) Hershey was not told. It did not "malfunction" in the surgeons view. That is the difference. Hershey was not aware until years later but filed before the two years once they "suspected".

The "dirt" is not dirty until a judgment by jury. No news outlet wants the risk of printing what's not proven. As soon as somebody refuses the large settlement offers and a jury's verdict is public you will see the media make as much $ off a sensational story like they always do.

You are not gagged. This is America. Your free to speak your mind. Tell the world. If no man objected and no man rebelled, those wrongs would last forever. The pursuit of truth shall set you free -even if you never catch up with it. Write the media. Get involved. Raise hell. Go get them in the way they hate. PUBLICLY.

Don't wait to fight. They just knocked you out while you are waiting to do something. Get up and DO SOMETHING BACK! You survived for a reason correct? Happy hunting Lisa. good luck

DaVinci malfunctioned during her surgery. She had two years from this time to file. There would be no delayed discovery rule on statue of limitations because of this?

 

[anonymous]

DaVinci malfunctioned during her surgery. She had two years from this time to file. There would be no delayed discovery rule on statue of limitations because of this?

THEY CONCEALED THEIR DEFFECTS. When did she learn about it he defects?

 

[anonymous]

DaVinci malfunctioned during her surgery. She had two years from this time to file. There would be no delayed discovery rule on statue of limitations because of this?

Correct

The fact that "specifics" of the malfunction are "hidden" from (everybody). Does not change what the law says.
For the delayed discovery rule plaintiff must state when plaintiff "SUSPECTED" the defendants product was defective. (Not the specifics of the defect - Not when the defendant stopped "hiding" it.) WHEN DID YOU SUSPECT. PERIOD. I don't remember is not an answer. IF YOU FAIL TO ANSWER - YOU LOSE. PERIOD.

When a healthcare worker tells you a cause or possible cause. In this case her doctor said it malfunctioned. She might as well said it was defective. It's the same thing. So it WAS NOT HIDDEN IN THE ANDERSON CASE. Even if the doctor knew nothing of the specifics of the defects. The doctor witnessed the defect and told the patient. The patient has two years to file suit. PERIOD. This did not happen in the Hershey case that is why it survived.

The butt hurt lawyers will say it's a "bias" judge. Yet they followed the judges reasoning and correctly apply the law as it says and what do ya know - they win the Hershey case. I guess that SAME judge now isn't "bias"?
The Anderson case should not have gone on as long as it did. Her attorney should have found out this information early on before signing her. If Mrs. Anderson signed with her attorney one and a half years after she "suspected" she may have waited to long. Six months is about the bare minimum for an attorney to gather information, especially in a medical products liability case, to have enough facts that warrant filing suit. Depends on when she signed up with her law firm. Did they drop the ball or did she wait to long? The frantic appeal says to me they dropped the ball. Had the firm known that her S.O.L. was approaching they should have filed immediately and worried about gathering facts later. Anderson wasn't their 1st case about this company. They should have already had enough facts. My guess is they were using each case they got as a "trickle" to annoy ISI. So caught up in playing lawyer games they dropped Anderson's ball.

Anderson will find out on the "frivolous appeal" filed by the butt hurt law firm soon enough.

I see a State Bar Complaint in that firms future in this case. That's ok tho. The $ they are making from these settlements they can afford to settle with Anderson. They should. It's their fault.

Anderson will (in a way) be paid by ISI one day. Something is better than nothing!