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Thread: Heart Broken Daughter Recent T12

  1. #151
    Senior Member Mona~on~wheels's Avatar
    Join Date
    Oct 2007
    Cleburne, Texas, USA
    WOW! Pedaling the bike without her arms! AWESOME!
    She improving leaps and bounds! So happy for both of you!

  2. #152
    Did you consult an attorney?They will take on a case like this for sure but I'm pretty positive you have to file w/in 3 years post.Then you're looking @ years unless they just settle.Still...make 'em pay.

    At first we didn't even consider it. Several months ago we contacted an attorney. They stated right away that our case was difficult. I really believe the screen company is to blame as they suggested to remove the house screens. I believe it was negligence on their part that they removed the orginal screens especially since they didn't mention any danger. The screen company should be more aware of safety issues concerning windows than us who had only lived in a 2nd story house less than a year.

    After the law firm took a good look at it and researched other cases they decided not to take the case. I got the feeling that the general consensus is that the parents are to blame and are ultimately responsible or at least they feel that if it went to trial that would be the likely outcome. I suppose the majority of people feel that we should be watching our children 24/7 no matter the age even when they are asleep in their bedrooms and should know all dangers surrounding our children. Yes, we wish we would have thought of this one but didn't.

    No matter the blame it is a fact that until screen companies take some responsibility more kids will be falling out windows! We just had a news report of a 3 year old who fell from a 3rd story apartment building window. They didn't say much other than that. I wish on the news they would have mentioned the dangers of window screens. I bet the owner of the apartment building will be sued.

    If you hear an angry tone to this post you are right. I am angry. We are going broke and the screen company is opening new stores left and right. They said their sorries and going on with business. They don't have to live this nightmare or pay a dime for therapies etc. I also think that if we don't file a suit the screen and sun screen companies will continue to install screens unsafely.

    We have 2 years to file a suit, a year to go. I'm considering finding another attorney. I have to determine if it is worth going through a trial (if anyone will accept the case) and if we can deal with it emotionally and financially.

    On a postiive note. Jess and her sister are having a great day today. We went this morning to see a game of wheelchair basketball and met some family for lunch. She came home and went right over to the neighbors for a Halloween party. She isn't letting SCI get in her way of having a good time. I'm so very thankful for that.

  3. #153
    you have such a right to be angry...have you ever thought of contacting the head CEO of the company and asking if they would be interested in "hiring you" to be a part of a safety campayne (my spelling sucks) to educate the public on the dangers? A little bit of honey so the saying goes...telling them of course all you daughter deals with on a daily basis...another thought is to contact major window manufacturing company's to put a sticker on each window that is made...a mother who lost her toddler to falling in a 5 gallon bucket that only had a few inches of water and drowned managed to get the stickers on every 5 gallon of bucket sold today...might research and find her and see how she did heart goes out to you! hugs, judy...and yeah, I understand all the "time" you have! lol

  4. #154
    We did contact the owner of the company soon after and told him what had happened. Some window screens do have warning labels, but sun screens don't. The sun screens don't have enough of a frame to put a sticker on that is visable. I don't think a warning label is enough anyway and not sure what the solution is. It is very difficult for me to discuss her injury or even speak to the company. I don't think I could handle it if I felt dismissed if you know what I mean. It is really a great suggestion and I'll keep it in the back of my mind. You never know what direction her injury will take me.

    Jess is doing really good since we got back from Project Walk. She has had a great attitude and working hard. It seems she has gotten a jump in return. She can pick up her right knee a little and doing very well with the pedalling and leg presses at therapy. She told us that she just had to stand at school today and grabbed the desk and pulled herself up. I'm noticing more hamstrings in the left and the other day while doing e-stim she got some really good contractions in her left leg that we haven't seen before. Not sure if that means she is getting her reflex back.

    Yesterday she flipped her chair forward. She had her seat belt on and the chair was on top of her. It took two of us to get her out from under. I don't get how it happened. She was in between the couch and the coffee table on the carpet. She said the dogs got in the way or something. Falling off the stair lift and now flipping her chair over forward.

  5. #155
    Made it through a year depending how the rest of the day goes. One year November 9th. Will be going to work and doing the same old stuff as most everyday. Trying not to think about it much.

    8 weeks - slight muscle movement in left outer thigh (ASIA A - complete T12))
    4 months - pull knee up on left a little (ASIA A - complete (functional L1))
    7 months - straighten knee and hold out straight on left - maybe movement in right inner thigh
    9 months - able to put weight on left leg without knee buckling; obvious muscle movement in inner right thigh to knee; noticeable hamstrings movement in left (ASIA B - incomplete (functional L1 on right; L3 on left) depending what doctor we see).

    12 months - Able to pedal a stationary cycle slowly. More hamstrings in left. Able to pull up right knee. Very little glutes.

    marshalls - yes, still happy. I think she is just internally happy unless she is mad because I didn't buy her ice cream today while at the mall. She didn't talk to me for awhile, but now she is over it.

  6. #156
    For a one year mark that is fabulous!! Jess really has come a long way . Enjoy the day tomorrow and be happy for what you do have !!!

    T8-9 according to latest scoring.......
    since 1/3/04

    I am the best at being me. No matter how that happens to be!!

  7. #157
    I'll be praying for you today! Way to go jess!!!!!!!
    FAITH: Is not believing God can, but knowing he will.

  8. #158


    I was going to let this thread die, but I have a video I want to share of Jess riding the cycle. Hoping one of these will work:


    If not, here is the link:

    We are planning a trip back to Project Walk this March for another 2 weeks.

    Still struggling with hip contractures. She is taking baclofen for this reason, which is helping some. We are stretching twice a day.

    Concerned she might have some type of bone growth on her tail bone (heterotopic ossification), which is contributing to her unability to get straight. I left the scans for the doctor to view, but need to follow up.

    Arm crutches on order. She is also getting a special S.W.A.S.H (Sitting Walking And Standing Hip) orthosis made for her because of her protuding tail bone. Typically used by children with cerebral palsy.

    More information:

    We are hoping with the S.W.A.S.H that she will be able to start using the arm crutches.

    Jess has had terrible insomina this week. In bed with us four nights in a row. Yes, at eleven! Last night she refused to sleep in her bedroom and we had a big fight. She won(?) and ended up sleeping in the loft, but was grounded. She has been an angel today. She has always had a hard time sleeping.

  9. #159
    THat is so awesome. We need to catch up, call when you get a chance.
    FAITH: Is not believing God can, but knowing he will.

  10. #160
    Senior Member
    Join Date
    Dec 2009
    Florida, USA
    Consider trying Vic Titus in Scottsdale, I think, for a second lawyer opinion. I haven't kept up with him for many years but I've heard he's a sucessful plaintiff's lawyer in the Phoenix area.

    I think you should consult several attorneys about your case. If none will take the case, at least you will have satisfied yourself that there was nothing to be done and can move on to other concerns.

    You and you daughter should be proud of the effort being put into her recovery. Very inspriring and great results that seem to keep coming.

    My daughter hasn't gone to sleep at a decent hour snce about that age!

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