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murrayg
02-20-2018, 09:11 AM
I am just recovering from surgery to transpose (move) the ulnar nerve in my right arm. This was necessary due to significant pain that had developed in the arm just below the elbow.

The attending neurosurgeon is a renowned surgeon who practices at Johns Hopkins. In his opinion the injury was most likely caused by repeated pressure associated with the arm coming in contact with armrest of the seat in the jet. He stated that pilots and taxi drivers make up a significant percentage of his patients.

My return to flying is in question due to a medication I may have to take long term that is on the "no fly" list. Because of this I am contemplating a claim against my airline and the aircraft manufacturer. A claim like the one contemplated is always going to be more attractive if it involves multiple plaintiffs, so I would be interested in hearing from any of you who may have been similarly affected.

I can be contacted by text at 435-640-5184 or by e-mail at
[email protected] or you can post contact details in this thread and I will get back to you

Thanks


WHDC
02-20-2018, 10:58 AM
Sorry to hear about your issue. A claim like this will be hard to prove. The insurance company can always say that you injured yourself elsewhere. I'm a physician and also a pilot. I wish you well and hope that you can recover something. Insurance companies are not pleasant to work with...to say it politely.

murrayg
02-20-2018, 11:11 AM
Sorry to hear about your issue. A claim like this will be hard to prove. The insurance company can always say that you injured yourself elsewhere. I'm a physician and also a pilot. I wish you well and hope that you can recover something. Insurance companies are not pleasant to work with...to say it politely.
Thanks WHDC. Indeed, this is a difficult claim, one reason I have one of the top personal injury firms in the nation working on it. They are confident the case is strong, but agree the other side will contest strongly.

All the more reason gals and guys why I need to hear from any of you who may have been affected. Much harder to say that 1000 pilots suffered the injury from other sources ....


rickair7777
02-20-2018, 11:18 AM
I assume your lawyers are familiar with aviation? Aviation employers get a pass on some OSHA rules (and essentially all state/local rules) when it comes to flight crew because aviation is regulated by the FAA (which doesn't need to worry too much about crew health and well being after they block in).

murrayg
02-20-2018, 11:28 AM
I assume your lawyers are familiar with aviation? Aviation employers get a pass on some OSHA rules (and essentially all state/local rules) when it comes to flight crew because aviation is regulated by the FAA (which doesn't need to worry too much about crew health and well being after they block in).
Yes, they are. Most of their practice deals with aviation.

RadialGal
02-23-2018, 11:38 AM
Geeze,

This country has become so litigious! I wish you healing, but why so quick to head to court? People would be surprised how much lawsuits raise costs. Ask any Doctor/Surgeon how much of their profit goes to malpractice. Why workplaces often have you sign arbitration agreements prior to employment.

Give the healing process a try. Don't be so quick to crucify the airline that employees you and the aircraft that carried you safely for years. You think The AC Manufacturer purposefully designed nerve inflaming armrests, that the Airline willfully chose to not address them?

I wish you the best of health and many more years in the air; but truly hope this lawsuit does not come to fruition.

RadialGal

murrayg
02-23-2018, 03:23 PM
Dear Radial Gal,

The answer to your question is that there is a 2 year statute on filing a claim and the clock starts ticking on that when symptoms appear. I did not rush to do such invasive surgery, I looked at other remedies first, so the statute expires in a few months.

I am not keen on litigation either, but even less keen to soak up a multi-million dollar earnings hit when the top peripheral neurosurgeon in the country tells me it is caused by a product that I am required to use in my job, and which might be considered to be defective.

Thanks for the well wishes.

sailingfun
02-24-2018, 03:31 AM
Dear Radial Gal,

The answer to your question is that there is a 2 year statute on filing a claim and the clock starts ticking on that when symptoms appear. I did not rush to do such invasive surgery, I looked at other remedies first, so the statute expires in a few months.

I am not keen on litigation either, but even less keen to soak up a multi-million dollar earnings hit when the top peripheral neurosurgeon in the country tells me it is caused by a product that I am required to use in my job, and which might be considered to be defective.

Thanks for the well wishes.

What should they use instead of arm rests? Geisha girls to hold and massage your arms? Stuff happens in life. Itís not all someoneís fault.

RadialGal
02-25-2018, 09:49 AM
Exactly Sailingfun......how do you know the equipment is defective? Neuropathy is squirrelly and very hard to tie to a specific cause. It can be Hereditary or even idiopathic (no cause at all, just "happens"). Do you drink daily? That is a huge risk factor for Neuropathy; there are so many more; just take a look at Mayo's list of possible causes.



Not a single disease, peripheral neuropathy is nerve damage caused by a number of conditions. Causes of neuropathies include:

Alcoholism. Poor dietary choices made by people with alcoholism can lead to vitamin deficiencies.

Autoimmune diseases. These include Sjogren's syndrome, lupus, rheumatoid arthritis, Guillain-Barre syndrome, chronic inflammatory demyelinating polyneuropathy and necrotizing vasculitis.

Diabetes. More than half the people with diabetes develop some type of neuropathy.
Exposure to poisons. Toxic substances include heavy metals or chemicals.

Medications. Certain medications, especially those used to treat cancer (chemotherapy), can cause peripheral neuropathy.

Infections. These include certain viral or bacterial infections, including Lyme disease, shingles, Epstein-Barr virus, hepatitis C, leprosy, diphtheria and HIV.

Inherited disorders. Disorders such as Charcot-Marie-Tooth disease are hereditary types of neuropathy.

Trauma or pressure on the nerve. Traumas, such as from motor vehicle accidents, falls or sports injuries, can sever or damage peripheral nerves. Nerve pressure can result from having a cast or using crutches or repeating a motion such as typing many times.

Tumors. Growths, cancerous (malignant) and noncancerous (benign), can develop on the nerves or press nerves. Also, polyneuropathy can arise as a result of some cancers related to the body's immune response. These are a form of paraneoplastic syndrome.

Vitamin deficiencies. B vitamins — including B-1, B-6 and B-12 — vitamin E and niacin are crucial to nerve health.

Bone marrow disorders. These include abnormal protein in the blood (monoclonal gammopathies), a form of bone cancer (osteosclerotic myeloma), lymphoma and amyloidosis.

Other diseases. These include kidney disease, liver disease, connective tissue disorders and an underactive thyroid (hypothyroidism).

In a number of cases, no cause can be identified (idiopathic).

The folks you sue will point to any of these causes and more and they would be correct.

You'd have one hell of an uphill battle against folks who have a lot more money than you. (PS, my degree is PreMed, so I know a little)

Hope you heal soon and keep the dirty side down,

RadialGal

murrayg
02-25-2018, 01:04 PM
Radial Gal and Sailing Fun,

Thanks for the inputs. However, I started this thread to see if others out there are similarly affected, not to get inputs regarding neurology. I think I was clear in stating that the attending surgeon was a renowned neurosurgeon, in fact he is considered to be the best in the country. Based on an in-depth assessment he feels the cause is the armrest.

I would love to hear from other pilots out there who have been affected.

Thanks

Excargodog
03-02-2018, 07:09 PM
I would love to hear from other pilots out there who have been affected.

Thanks


And you get.... (Crickets)


Not exactly a lot of support for your case, but why should there be? Even in diabetics the prevalence of ulnar neuropathy is only about 2%. And 95% of those do fine with medical or - more rarely - surgical care. So how many people do you think fly for your airline on the same equipment? What do you think the probability of you finding still symptomatic people out of a group that small who do NOT have diabetes?

I hope your surgeon is better at cutting and your lawyer is better at ambulance chasing than either of them are at statistics if they put you up to this nonsense. The probability of even getting a valid sample size polling on a site like this for a condition so uncommon in the polled group is damn near insurmountable. Hopefully, your surgeon and lawyer know that and did not put you up to this. If either of the actually suggested this course of action,ignore them and find a competent biostatisticians who will tell you after even the most cursory look that you can't get there from here.

RadialGal
03-04-2018, 11:53 PM
Amen......oh and where's my free stuff?

Freighthumper
03-06-2018, 03:26 PM
Radial Gal and Sailing Fun,

Thanks for the inputs. However, I started this thread to see if others out there are similarly affected, not to get inputs regarding neurology. I think I was clear in stating that the attending surgeon was a renowned neurosurgeon, in fact he is considered to be the best in the country. Based on an in-depth assessment he feels the cause is the armrest.

I would love to hear from other pilots out there who have been affected.

Thanks


I had the same issue a while back. I stopped using the arm rest and it cleared up in a few months. Sounds like you may be past that point. Itís worth a try before you have invasive surgery though. If you havenít Iíd give it a few months.



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