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  #1  
Old 01-15-2011, 02:41 PM
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MadamMarvelJen MadamMarvelJen is offline
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DX after auto accident

Hi everyone, I'm Jen my intro is in the "tell us about yourself" section of the forum. Long story short I was DX with MS after an auto accident.

Jules responded that she was a nurse and had seen others DX after an auto accident. I'm wondering if anyone has any information on any studies on this.

The man who hit me/insurance company has long accepted 100 % liability. Now my attorney is going back and forth with offer and counter offers.

I'm looking for anything that will support my counter offers--that the auto accident caused this sleeping giant MS to wake up. That the accident caused my 2 MS exacerbations, as I had never had any symptoms prior to the accident.

My DX was found by accident and I'd love to read anyone else's story of DX by accident. You can read mine in the other section.
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  #2  
Old 01-15-2011, 05:02 PM
Redwings Redwings is offline
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Quote:
Originally Posted by MadamMarvelJen View Post
Jules responded that she was a nurse and had seen others DX after an auto accident. I'm wondering if anyone has any information on any studies on this.
Hi Jen:
This page from the National Multiple Sclerosis Society features a couple of studies about trauma and the onset/exacerbation of MS: [url]http://www.nationalmssociety.org/about-multiple-sclerosis/what-we-know-about-ms/what-causes-ms/disproved-theories/trauma/index.aspx[/url]

The articles cited give links to several other similar studies. You can track more studies from those sources.

Although there's still debate about the role of trauma in MS, there are numerous studies and articles in the medical literature that shoot down any association between the two. It would be surprising -- but a lucky break for you -- if the other driver's insurance company didn't come up with a few of them. For whatever studies you cite that defend a connection, the opposition (if they're not incompetent) will be able to come up with at least that many studies that support that there is [I]no[/I] association. It looks like you have your work cut out for you.
  #3  
Old 01-15-2011, 05:36 PM
SharonKY SharonKY is offline
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I started with my first flare soon after having gastric bypass....
  #4  
Old 01-16-2011, 10:10 AM
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wkikta wkikta is offline
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I don't believe the trauma causes the MS. However, if you have MS that is nothing more than a faint background thing, the trauma can be enough to reduce your body's ability to fight it and bring it to the front. It will be extremely hard to prove a connection. Best of luck with your battle.
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  #5  
Old 01-16-2011, 08:46 PM
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MadamMarvelJen MadamMarvelJen is offline
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Thanks guys. I also do not believe trauma caused my MS, but do believe that either that or the stress caused an exacerbation like I had never had before.

After reading some of the links Redwings directed me to--I'm wondering if instead of the trauma having such a great effect, if I can go with the stress.

I had a really bad post concussion syndrome that lasted over 3 months. It had even got to the point where I couldn't write or spell simple words--could not remember how to spell and then when I did remember how to spell I couldn't remember how to physically write the letters I need to make the word.

I had trouble writing numbers--I knew what the number was, but couldn't remember how to write it. For about a 2 week stretch I couldn't sign my name. Then there was the memory issue, not remembering what someone told me in a conversation within minutes. Not knowing what I went upstairs for.

Two neuros both contended that all the above was due to the post concussion syndrome and would hopefully get better with time, which it did. But while it's happening not easy to accept.
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  #6  
Old 01-17-2011, 08:29 AM
JudySz JudySz is offline
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NOt as much help as some of the others, but I had gall bladder removed in Jan and I got my MS dx in July. Dd reminded me that I seemed ok before that. I did have issues, but the surgery seemed to bring it all to the forefront sooner.

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  #7  
Old 01-17-2011, 08:56 AM
Jules A Jules A is online now
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I would be concerned that MS is going to muddy the waters and personally, from a non-lawyer, I would probably be inclined to just try to get damages related to the accident itself rather than bringing up anything MS related.

If that is brought to light I would think the other side might try to blame everything on MS which wasn't caused by the accident and negate your claims? I don't know but since this miserable disease is so general my guess would be that any of the trauma you wrote about here could also be blamed on MS. Sadly absolute answers are often very elusive with MS.

I wish you much luck and hope you continue to feel better.
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  #8  
Old 01-17-2011, 03:01 PM
SMM0200 SMM0200 is offline
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Auto Accident

I also received my diagnosis after a car accident. I had not had any symptoms before my accident. After my accident, I had tingling in my left leg then my right leg. After a couple of weeks, I could hardly walk. All of this started in March of 2010. After a CT scan, 4 MRI's and a spinal tap, oh, and a second opinion, I was DX with MS. I also am dealing with the other person's insurance company. I have yet to receive compensation for my hospital/health related costs. Although, I have been honest all along and the insurance company has paid the doctor bills and MRI bills (to the doctors & hospitals).
  #9  
Old 01-17-2011, 03:18 PM
garrysgirl garrysgirl is offline
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Quote:
Originally Posted by SharonKY View Post
I started with my first flare soon after having gastric bypass....
I too was diagnosed after weight loss surgery. My doctor thinks that stress played a role in my MS coming out. I had surgery, my mother passed away and two of my children and my husband all had surgery in a year and a half time. Add to that the stress of being the main wage earner with a very stressful job. Stress is not the same as bodily trauma but I think it all relates.
  #10  
Old 01-18-2011, 07:33 AM
MSLazarus MSLazarus is offline
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I agree with Jules A's advice

My mind was sending off the same warnings so I was very glad to see his caution. Those of us with years of dealing with power structures know only too well how your MS can be used. Be careful about what you say.
Good luck
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  #11  
Old 01-18-2011, 12:11 PM
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sw8689 sw8689 is offline
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I'm not sure where you live or what the laws are in your area, but here in BC, Canada, if we have an existing condition, injury etc. such as ms, and we are further injured in an accident by someone else, that does affect the suit. They defendant is liable for the increased injury. The principle is this: There are two widely applied principles which are the “thin skull principle” and the “crumbling skull principle”.

The thin skull principle says that a wrongdoer takes their victim as they find them.* This means that if you, at the time of your accident, have a weak bone condition and you break your leg, you are entitled to payment for your harms and losses flowing from your broken leg.* This is the case even if no other person in the world would have suffered a broken leg in your accident.

The crumbling skull principle says that your wrongdoer only has to pay you for your harms and losses flowing from your accident.* How is this any different than the thin skull principle?* It means that if you had arthritis at the time of your accident and the defendant proved that you would likely have XYZ symptoms and limitations at a certain date, then the wrongdoer doesn’t have to pay for those XYZ symptoms
and limitations at a certain date. The reasoning is that you would have suffered XYZ regardless whether your accident occurred.

So if the same principle is applied to say myself being hit by another car, and it can be proven that it caused an exacerbation of my MS and extra pain and suffering than a normal person would, then yes, in my opinion there is liability on the defendants part.

But, this is only my very, very, narrow interpretation of the principle here in Canada.
  #12  
Old 01-18-2011, 05:52 PM
Just a small town girl Just a small town girl is offline
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Quote:
Originally Posted by MadamMarvelJen View Post
The man who hit me/insurance company has long accepted 100 % liability. Now my attorney is going back and forth with offer and counter offers.

I'm looking for anything that will support my counter offers--that the auto accident caused this sleeping giant MS to wake up. That the accident caused my 2 MS exacerbations, as I had never had any symptoms prior to the accident.
Hey Jen. I'm in my final year of law school and clerk at a Plaintiff's litigation firm, so while I'm not a lawyer yet I'm happy to give you some non-legal advice.

Given the medical literature and studies that are out there indicating that trauma does not cause the onset of MS and doesn't awaken MS, you're going to have all kinds of causation issues. Although you might be able to find someone to testify that the accident caused / brought on your MS, the insurance company will easily be able to find a ton of neurologists specializing in MS who will testify that we don't even know what causes MS, that the literature indicates that MS is not brought on by trauma, etc. Even the research on MS and stress isn't really firm.

I hate to say this, but you may want to consider the possibility that you should be considering the settlement amount in terms of your injuries and damages that aren't MS related. If you do decide to bring MS into the mix, just beware and make sure that the settlement agreement either doesn't mention or is confidential.

Best of luck in your case.
 

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