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Attorney Shopping Nightmare
This is one mothers woeful tale of attempts to find justice for her child who was injured at the hands of CPS and their agents.
It's official now, the entire state of Texas is full of nothing but corrupt money hungry vipers! The bottom line is money, even if it's at the expense of innocent children, all they care about is money and of course covering up their own wrongdoing.
I talked to an attorney this afternoon, who told me the "bottom line" was that although my case was certainly a good one, with a viable cause of action, and no doubt one that would be likely to win at trial, there just wasn't merit in the "damages". (He was reviewing my case for the state torts only, not federal.)
He tells me that for each month my baby was gone, I can expect about $10,000. So, let's see, for 9 months, we are talking about maybe $90,000 tops in his opinion. He told me that after hiring all the experts needed for trial and preparation time involved in my case, there just wasn't enough damages to be worthwhile.
He pacified me with the following statements, which outraged me completely! One such statement was, "At least you have your baby back, some like the Sandavols will never have that." And, "Honestly, Robin 9 months is really not all that long", and how about this one, "At least you're baby is ok, you know he could have been harmed or even worse during that 9 months, so being seperated from him for that time, while I do agree that it was wrong and that it was probably difficult on you and your family, really, it could have been a lot worse don't you agree."
No, I don't but I am not going to waste my breath on someone like this anyway...
I could care less if I had to pay even after the damages were awarded, if won at trial and did not cover the legal fees, if of course I had the money to pay them.
He told me that I "could feel free to check with some other lawyers in town but that he did not want to see me wasting my time on this knowing that the case although has merit, it is not likely anyone would take it because there are not enough damages to make it worthwhile." Gee thanks for the suggestion? Give me a break!
He spent nearly 20 minutes trying to talk me out of it, at least that is how I took it - saying that at least you did not have to live with what the Sandavols have to, (i.e. the death of their daughter) well, I guess if my kid had died, then my case would not only be meritious but also worthwhile?
So, now I see it much clearer now, I am certain, that any lawyer in this state and probably the entire US would not be so cavalier and nonchalant about this, if it was their own baby who was stolen and they were not allowed to see him for nearly a year. Their own family and other children were not allowed any contact what-so-ever. You can bet it would be a whole different game then huh? I bet it would be worthwhile then?
The attorney also stated that none of my other children have any claims at all. How is that? Is the state so corrupt now that even family association in AZ is totally "written off" despite the case law and supreme court rulings on it?
Sorry, I am not bashing lawyers here, especially not Mr. Hession, or my own lawyer who represented privately and (free) in my cps case, please understand I am not lumping all into one bit pot.
I am so mad I could spit...I did tell him that there was not likely going to be a chance, that I would ever drop any cases I have-after all they are full of merit and good ones, and the bottom line is that my case alone, has the evidence needed to get these evil jerks and make a difference, it would be hard to find 50 others with the same amount of or kind of merit mine has...and then finding those willing to pursue it individually long enough to make an impact.
I even have proof now that the social security number cps used to bill for reimbursement for foster care payments, from federal funds (all of which were not my sons), belonged to deceased persons, who do not even have a name close to my sons. SO, I am sure this case is full of merit but just not worthwhile to pursue?
Maybe exposing the entire system puts too many corrupt lawyers at risk of being exposed themselves?
He really tried to get me to not continue with this lawsuit, funny, if a lawyer doesn't want the case, fine, say so and hang up, but he was either trying to convince me not to file any of them, or trying to make himself feel better for his own lack of integrity and failure to act in a manner that is in the publics best interest, based solely upon his bottom line. I hope he sleeps well, after all he did help one family who lost their child due to the system. I'll bet that the 7 million dollars awarded by the jury helps him sleep a lot better. Don't you? After all, that amount was worthwhile
My baby is currently scheduled to have dental surgery, seems that he suffered from high untreated fevers, and untimely medical treatment for infections which contributed to the rotten teeth that have come in his little mouth. He is only 15 months old, and his teeth are rotten. None of my other children have this problem at all!
He also has severe lung disease. He has had pneumonia, aspiration pneumonia, in both lungs while in foster care, "life threatening events" at least twice which required hospitalization while in the state's "protective" custody. Some protection? He now requires extensive lung therapy, receives at least 6 SVN treatments a day which take 20 minutes each to deliver the medication thru the machine to his lungs, sometimes up to 8 when he is having a rough time. He is on several medications and can not even play or exert normal himself like normal children are expected to do, just going across the living room he gets very short of breath, red in the face, sweaty and then pale. It's sad to know that CPS has done this to him, and for what? Money!
Not only did they take him from his entire family for the first 9 months of his life, but they also disabled him for life. Lungs are important! His lungs are now damaged forever, the degree of damage is not yet known. He was returned to me in June, and was not even sitting up unassisted. He was 9 months old and should have been walking by then. He just started to wobble around two weeks ago, so in a few short months of his return, he is already far more developed than the entire time he was isolated.
ADES/CPS has finally allowed my request for appeal for removal from the central registry for child abusers. I appealed, they denied, I appealed again, and again. I demanded that they take me off. They did, amazingly they did! They not only did not place me on the central registry, but they amended the report to reflect the unsubstantiated charges. That alone is admitting they screwed up. I can't believe a lawyer won't jump on this, it won't be hard to prove they messed up even if the case went to trial, before a jury.
Updated March 20, 2009