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John
John, Attorney
Category: Legal
Satisfied Customers: 4523
Experience:  Licensed and practicing attorney.
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Is there any recouse can take after being to mediation? All

Customer Question

is there any recouse can take after being to mediation? All doctors nvolved testified at their deposition agreed I had been permanently damaged by a punctured sciatic nerve caused by an injection of demoral. I went to mediation and settled because I did not have the money to go to court due to the fact my husband passed away during this time. I settled for too little at the insistence of my lawyers. Do I have any recourse now? The Neurontin that I will have to take the rest of my life for pain has adverse effects on me.
Submitted: 11 months ago.
Category: Legal
Expert:  John replied 11 months ago.

There is a small possibility of setting aside a settlement in such instances, but your case does not appear to be one of them. Settlements can be set aside for fraud or undue influence. Not having the money to pursue the matter is not undue influence and nothing in your question presents that the other side offered you one thing but gave you another. Further, medical malpractice cases are generally taken on a contingent basis, so it's difficult to understand an argument that you did not have enough money to pursue the matter; I assume you are saying that you needed the money at the time of settlement rather than waiting a year or more for the case to litigate. So getting this set aside for you appears to be an insurmountable task; one that I'd have to believe most lawyers would not attempt.

Expert:  John replied 11 months ago.

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