“The Jelineks’ attorney, Jeff Goldberg, says the money is barely compensation but should improve Laine’s life. “.I am sure this was tragic but could have been settled with a smaller award; that’s why this went to trial, in order to inflate the amount. I assume this also means the settlement includes plaintiff’s compensation which should improve Jeff Goldberg’s life. Wonder how often the award is larger than just adding plaintiffs attorney’s compensation; I mean how much did plaintiff collect after the attorney takes his cut?
A 3 year old child with apparently significant brain damage- $11.5 won’t cover his care for the rest of his life.
Possibly a very expensive wheelchair that will be controlled by blowing into a tube that will have to be replaced every few years until he’s grown? Possibly therapy that is NOT covered under any insurance policy. Possibly an institution once he gets to large for his parents to handle? The needs are endless. A handicapped van can cost upwards of $70K to $100K depending on the nature of the disability involved. A lot of this SS or disability won’t cover, either.
Anyone who has ever had a special needs child knows that you could spend over a million in just a matter of a few years.
So, yes, if they caused this, they SHOULD pay for every penny to make his life as comfortable as possible.
A structured settlement at a much lower up-from cost would have been appropriate. Since it went to trial the personal injury attorney will recover close to half the amount of the award. Over and above expenses, no amount of money will improve the quality or comfort of his life. Considering the brain damage is “significant”, it’s doubful that he can perceive or differentiate much of any “care”. Sounds like what the money will buy will only make the parents feel better.
Obviously, you’ve never had to handle a special needs child. Even if the child is unaware there are huge expenses in their care. And, as a parent, you want to do everything that might help or bring comfort to the child.
Again, there is always the inevitable possibility of institution. Places that will treat him decently come with a price tag.
Does anyone have compassion for human life anymore? What if your child were born this way and you had to care for him – wouldn’t you want your life to be a little easier – don’t berate these people unless you’ve walked in their shoes. I’m sure the lawyer did get a big amount — ddid you go to school for that many years and spend that many dollars? Does anyone even care?
Don’t give the attorney any credit on this one. This case had value on it’s merits alone. It didn’t need any legal expertise to add value. It was a slam dunk for the plaintiff counsel ……easy money. Just show the jury a “Day In The Life” video.
I realize that the cost of “care” can be astronomical. It poses a major social issue that may never be addressed. Fortunately in this case, insurance made the difference. What about cases where there is no insurance? What will society be willing to pay for “care” in situations where there is no quality of life and you’re just “keeping them comfortable and alive”? I suspect some tough decisions will need to be made on who qualifies for what level of care. You hear the same discussions involving the aged. It’s great that people are living longer, but who is going to foot the bill for their medical care? With limited medical resources should an 85 year old get the same coverage as a 35 year old?
The fact that we even have to consider that possiblity shows how little progress we’ve made. I believe in Dr. Kevorkian- sound mind, incurable illness, the patient should be able to decide when ‘their time’ is. I believe that using age as a determining factor is barbaric. I believe that we shouldn’t have ‘limited resources’ when it comes to human life and the quality of it. A child or adult incapicated by illness or accident shouldn’t be made to suffer. Millions of drunk driving victims are abandoned simply because the monster that left them in their condition had nothing worth suing over. Do I think it’s fair we foot the bill? NO. But what is the alternative? In the case of vegetative state with no hope of recovery- I think the family should be able to decide when it’s time. NOT a courtroom.
And, OTOH if the Repub party has their way, there will be a lot more children with serious incurable issues. They are on a mission to force women who know their children have incurable afflictions in utero to carry to term and care for the child. The cost for those babies will be astronomical to taxpayers. Insurance will most likely max out early in their lives.
This case isn’t about Laine Jelinek’s lawyer. It’s about what happened to this baby during his birth, how his injuries and disability could have been avoided, and how Laine’s condition has affected and will forever affect his family.
These cases are defended tooth and nail by hospitals, doctors and the companies that insure them. Misleading defenses, skilled corporate defense lawyers and physician “experts” with their own agendas to defeat all birth injury claims are the norm. Anyone who suggests this child’s lawyer had nothing to do with the result or that this case was “easy money” doesn’t have any idea about the realities of law suits like the Jilenek family’s case.
The family’s lawyer took a huge risk in taking this case, knowing the miniscule odds of success in medical malpractice cases across this state. He also likely expended $100,000 or more of his own funds to prepare this case for trial and to try it. Even so, the lawyer’s share of the judgment (assuming the defendants choose to pay it instead of filing an appeal that will take another 2 years to resolve) will be a lot less than “half” of the verdict, as someone else suggested. The result? This child and the family will see a real, tangible benefit to them in terms of the quality of care the family will be able to afford for Laine. Given the jury’s decision that Laine’s injuries were caused by negligence by the delivery team, it sure seems right that the child should be able to receive adequate health care for the rest of his life and be compensated for what he and his family have lost.
You mentioned the 2 year minimum on appeals, but what about the judgement that goes above and beyond the insurance? Most of the time (at least in Fla) the doctors have their assets protected and they file bankruptcy.
If they’re lucky, the hospital is self-insured. Which means that they will get at least what part the hospital was found guilty. But, policies, at least in Fla, have $100K, $250K, or $1M depending on how much a doctor is willing to spend. Not enough to cover the lawsuit. Good luck getting the balance.
Forget about Stat Guy and RonJon. Until something like this happens to them, they have no clue. All what they can do is relate this case to the McDonald’s hot coffee case. Two totally separate deals. I feel bad for the boy who will never enjoy life as a boy. His care will be expensive. Institutions are not cheap and if you’re guilty of hurting someone, well what do you think should happen? I don’t know all the facts of the case, but it sounds fair to me. These parents won’t be running off to Hawaii anytime soon Stat Guy and RonJon. Maybe you two would if this happened to you, but most loving parents wouldn’t.
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“The Jelineks’ attorney, Jeff Goldberg, says the money is barely compensation but should improve Laine’s life. “.I am sure this was tragic but could have been settled with a smaller award; that’s why this went to trial, in order to inflate the amount. I assume this also means the settlement includes plaintiff’s compensation which should improve Jeff Goldberg’s life. Wonder how often the award is larger than just adding plaintiffs attorney’s compensation; I mean how much did plaintiff collect after the attorney takes his cut?
A 3 year old child with apparently significant brain damage- $11.5 won’t cover his care for the rest of his life.
Possibly a very expensive wheelchair that will be controlled by blowing into a tube that will have to be replaced every few years until he’s grown? Possibly therapy that is NOT covered under any insurance policy. Possibly an institution once he gets to large for his parents to handle? The needs are endless. A handicapped van can cost upwards of $70K to $100K depending on the nature of the disability involved. A lot of this SS or disability won’t cover, either.
Anyone who has ever had a special needs child knows that you could spend over a million in just a matter of a few years.
So, yes, if they caused this, they SHOULD pay for every penny to make his life as comfortable as possible.
A structured settlement at a much lower up-from cost would have been appropriate. Since it went to trial the personal injury attorney will recover close to half the amount of the award. Over and above expenses, no amount of money will improve the quality or comfort of his life. Considering the brain damage is “significant”, it’s doubful that he can perceive or differentiate much of any “care”. Sounds like what the money will buy will only make the parents feel better.
Obviously, you’ve never had to handle a special needs child. Even if the child is unaware there are huge expenses in their care. And, as a parent, you want to do everything that might help or bring comfort to the child.
Again, there is always the inevitable possibility of institution. Places that will treat him decently come with a price tag.
Does anyone have compassion for human life anymore? What if your child were born this way and you had to care for him – wouldn’t you want your life to be a little easier – don’t berate these people unless you’ve walked in their shoes. I’m sure the lawyer did get a big amount — ddid you go to school for that many years and spend that many dollars? Does anyone even care?
Don’t give the attorney any credit on this one. This case had value on it’s merits alone. It didn’t need any legal expertise to add value. It was a slam dunk for the plaintiff counsel ……easy money. Just show the jury a “Day In The Life” video.
I realize that the cost of “care” can be astronomical. It poses a major social issue that may never be addressed. Fortunately in this case, insurance made the difference. What about cases where there is no insurance? What will society be willing to pay for “care” in situations where there is no quality of life and you’re just “keeping them comfortable and alive”? I suspect some tough decisions will need to be made on who qualifies for what level of care. You hear the same discussions involving the aged. It’s great that people are living longer, but who is going to foot the bill for their medical care? With limited medical resources should an 85 year old get the same coverage as a 35 year old?
The fact that we even have to consider that possiblity shows how little progress we’ve made. I believe in Dr. Kevorkian- sound mind, incurable illness, the patient should be able to decide when ‘their time’ is. I believe that using age as a determining factor is barbaric. I believe that we shouldn’t have ‘limited resources’ when it comes to human life and the quality of it. A child or adult incapicated by illness or accident shouldn’t be made to suffer. Millions of drunk driving victims are abandoned simply because the monster that left them in their condition had nothing worth suing over. Do I think it’s fair we foot the bill? NO. But what is the alternative? In the case of vegetative state with no hope of recovery- I think the family should be able to decide when it’s time. NOT a courtroom.
And, OTOH if the Repub party has their way, there will be a lot more children with serious incurable issues. They are on a mission to force women who know their children have incurable afflictions in utero to carry to term and care for the child. The cost for those babies will be astronomical to taxpayers. Insurance will most likely max out early in their lives.
This case isn’t about Laine Jelinek’s lawyer. It’s about what happened to this baby during his birth, how his injuries and disability could have been avoided, and how Laine’s condition has affected and will forever affect his family.
These cases are defended tooth and nail by hospitals, doctors and the companies that insure them. Misleading defenses, skilled corporate defense lawyers and physician “experts” with their own agendas to defeat all birth injury claims are the norm. Anyone who suggests this child’s lawyer had nothing to do with the result or that this case was “easy money” doesn’t have any idea about the realities of law suits like the Jilenek family’s case.
The family’s lawyer took a huge risk in taking this case, knowing the miniscule odds of success in medical malpractice cases across this state. He also likely expended $100,000 or more of his own funds to prepare this case for trial and to try it. Even so, the lawyer’s share of the judgment (assuming the defendants choose to pay it instead of filing an appeal that will take another 2 years to resolve) will be a lot less than “half” of the verdict, as someone else suggested. The result? This child and the family will see a real, tangible benefit to them in terms of the quality of care the family will be able to afford for Laine. Given the jury’s decision that Laine’s injuries were caused by negligence by the delivery team, it sure seems right that the child should be able to receive adequate health care for the rest of his life and be compensated for what he and his family have lost.
You mentioned the 2 year minimum on appeals, but what about the judgement that goes above and beyond the insurance? Most of the time (at least in Fla) the doctors have their assets protected and they file bankruptcy.
If they’re lucky, the hospital is self-insured. Which means that they will get at least what part the hospital was found guilty. But, policies, at least in Fla, have $100K, $250K, or $1M depending on how much a doctor is willing to spend. Not enough to cover the lawsuit. Good luck getting the balance.
Forget about Stat Guy and RonJon. Until something like this happens to them, they have no clue. All what they can do is relate this case to the McDonald’s hot coffee case. Two totally separate deals. I feel bad for the boy who will never enjoy life as a boy. His care will be expensive. Institutions are not cheap and if you’re guilty of hurting someone, well what do you think should happen? I don’t know all the facts of the case, but it sounds fair to me. These parents won’t be running off to Hawaii anytime soon Stat Guy and RonJon. Maybe you two would if this happened to you, but most loving parents wouldn’t.