- advertisement -

What are your thoughts about this lawsuit?

Discussion in 'Adults with Type 1' started by Ellen, Apr 7, 2008.

  1. Ellen

    Ellen Senior Member

    Joined:
    Oct 22, 2005
    Messages:
    8,240
  2. CDoyle1013

    CDoyle1013 Approved members

    Joined:
    Jul 29, 2006
    Messages:
    153
    I don't wish to judge but my daughter (age 13) knows a diet drink from a sugar drink by taste. It seems like the guy questioned the waitress and was reassured...in restaurants, we drink water. That is just us, though...everyone has different methods of eating out.
     
  3. Amy C.

    Amy C. Approved members

    Joined:
    Oct 22, 2005
    Messages:
    5,560
    I would like to know why the diabetic didn't bring his own insulin. This sort of thing happens in restaurants and it is a risk you take when eating out. He should have gone with his instincts when the coke tasted wrong and ordered tea.
     
  4. Nancy in VA

    Nancy in VA Approved members

    Joined:
    Jul 16, 2007
    Messages:
    7,308
    I'm with Amy- why didn't the diabetic have his own insulin. And it sounds like he didn't have a meter, either -because he had to have the paramedics take a reading.

    I also find it hard to believe that his overall insulin needs have increased because of one incident of Coke

    I think the park should have been more cautious of their soda fountain, but there were so many things he did wrong in his own self-measurement, including not switching to freakin water if he thought there was a problem.

    My opinion may not be popular, but its lawsuits like this that make it harder for real, valid lawsuits to be taken seriously
     
  5. KeltonsMom

    KeltonsMom Approved members

    Joined:
    Sep 12, 2007
    Messages:
    3,605
    I read this out loud to Kelton to get his point of view on this situation.

    Kelton came up with some good points in regards to this. Kelton told me that if we were served a drink that was supposed to be a diet coke and tasted funny, Kelton would have done two things. He would have placed a Ketostix into the drink as well as test a drop of the drink on his glucose meter. We have found that if it is a diet drink it will register LO on the meter and neg for ketones.

    If it is not a diet drink it will register HI on the meter and large ketones on a strip.

    I agree with what the other posters have brought up, why did he not have insulin with him? Why did he not have a glucose meter?

    If he thought it tasted funny why didn't he switch to water?

    Now to blame someone else for his own failure to take good care of his D is outrageous to say the least, in my opinion this should not have been taken to court.
     
  6. T1Spouse&Proud

    T1Spouse&Proud Approved members

    Joined:
    Mar 25, 2008
    Messages:
    119
    Yeah, I am going with everyone else, I believe the parks should have been able to provide better medical care (calling paramedics), but only at the default of the diabetic not having his own Insulin and meter? I mean WTF? My wife has forgot her meter on trips and we have just bought a new 20 dollar meter at walgreens. I do not know a single diabetic who leaves the house for longer than 30 minutes with out their meter and insulin. I think they should throw out the case.
     
  7. karpoozi123

    karpoozi123 Approved members

    Joined:
    Dec 16, 2005
    Messages:
    624
    I don't get it. This guy never had a 480 before in his life? Why did THIS one cause him such problems? And I would think that someone who walks around without insulin or a meter would be VERY accustomed to getting numbers like that.
     
  8. lilituc

    lilituc Approved members

    Joined:
    Sep 1, 2006
    Messages:
    368
    I agree. I don't understand this lawsuit at all.
     
  9. clb1968

    clb1968 Approved members

    Joined:
    Oct 7, 2007
    Messages:
    1,579
    Another, I dont understand here. If the drink tasted funny, get water. Stop drinking it.
    Now after he asked the server so many times if it was diet coke, it should have been check after the first or second time, not several glasses later.

    I am with everyone, where was his meter?
     
  10. Jacob'sDad

    Jacob'sDad Approved members

    Joined:
    Nov 20, 2007
    Messages:
    3,803
    When asked in court why he didn't have his meter or insulin he will say that he didn't require much insulin prior to this incident and was normally able to control his diabetes with proper diet. He will say that he didn't have his meter for the same reason. He will say he had his D under good control and it wasn't necessary for him to frequently check his BG. He will say that he checks twice a day and is almost always in range.
    As far as the taste of Diet Coke he will say that there are new kinds of Diet Coke that taste very similar to regular Coke. He will claim to be unaware that the Diet Coke that tastes similar to regular Coke is actually called Coke Zero. He will state that he was assured by the waitress several times that the machine had been checked and this was indeed Diet Coke.
    He will claim that his BG was left at dangerously high levels for a long time because they wouldn't call an ambulance for him. He will claim he NEVER has BG's anywhere CLOSE to 480 because he NEVER drinks regular soda and watches his diet very closely. He will claim that his BG's have never returned to their normally excellent level ever since this incident took place. His doctor will back him up on this. He will claim that the stress of this incident has caused his diabetes to be more difficult to manage.

    HE WILL WIN.
     
  11. Jacob'sDad

    Jacob'sDad Approved members

    Joined:
    Nov 20, 2007
    Messages:
    3,803
    By the way, my brother is type 2. He watches his diet and plays a lot of golf. He drinks a lot of water. I think he checks his BG a couple of times a day and it is almost always fine.
     
  12. Ali

    Ali Approved members

    Joined:
    Aug 1, 2006
    Messages:
    2,219
    Well...if Dollywood is smart they will hire some excellent attorneys and excellent medical experts for the case and fight this and win. But... everyone may just settle which is what this looks like it is all about. Ali
     
  13. CDoyle1013

    CDoyle1013 Approved members

    Joined:
    Jul 29, 2006
    Messages:
    153
    Personal Injury suits are harder to win than the public may believe. I have a case wherein a 75 year old man was almost run over by a vehicle as he was walking into a grocery store. He grabbed onto the trunk of a car backing out of a space to try to keep from falling over, was knocked down. One month later, he has an operation on his ankle which isn't healing too great...insurance company says, too bad so sad,,, doc records say you had an arthritic condition in that leg and the arthritis caused the injury, not the vehicle hit...see you in court, we will win (he was an active 75 year old, able to walk 2-3 miles a day to control his type 2 diabetes...after accident, confined to wheelchair and crutches, gained weight and still cannot seem to get the diabetes back under control - but his condition was supposedly "arthritis" not the accident...who at 75 doesn't have a little arthritis...your medical records are fair games to get out from under liability...I am telling ya, these large PI cases reported in the media are few and far between. The guy wonders if it is now ok to hit an elderly person..hey, they are going to die anyway...sad state. See the recent Walmart case in which Walmart wanted reimbursed for more than the PI award...corporate America wins! *Walmart finally reversed its decision to sue the victim after many thousands blogged and emailed their disgust...to Walmart, it was a public relations reversal..I won't shop there.
     
  14. Brensdad

    Brensdad Approved members

    Joined:
    Dec 27, 2005
    Messages:
    2,383
    Maybe I'm just a jaded old diabetic fella, but this smells fishy.

    No insulin? A SINGLE incidence of a 480 BG seems to have permanently disabled him? Come on. This EXACT thing happened to me. I drank a 32 oz. "Diet" Dr. Pepper only to find the syrup box had been mixed up and it was regular. My BG was over 600 for several hours, but I took lots of insulin, drank lots of water, and rested until I was better.

    Yes, Dollywood screwed up with the mixed up drinks, but your BG hitting 480 ONCE isn't going to ruin an entire weekend.
     
  15. Ali

    Ali Approved members

    Joined:
    Aug 1, 2006
    Messages:
    2,219
    Brensdad
    I posted already to this. But I agree with you. How many of us were running around for weeks if not months with hours of BG levels sky high. Yes you feel bad, but take the insulin and you recover except for being a bit tired. And as far as I know one incidence of plus four hundred numbers does not change your progression of diabetes forever. His whole story sounded off too me. Ali
     
  16. Lee

    Lee Approved members

    Joined:
    Oct 5, 2006
    Messages:
    9,633
    I am also against the lawsuit - but it is in my nature to play the Devil's Advocate for some odd reason...I just can't control it!!!! If he was was just doing a 'quick' business lunch with a potential client, then I could understand why he wouldn't bring his stuff with him, especially if he is Type 2.

    Also, I can understand how insulin needs can greatly increase after a high episode - that happened to my daughter - she was high for about 10 hours - we couldn't get her down - now she gets a unit more insulin a day...growth, illness, who knows - except not Soda Pop!

    and yes - I can totally understand how the resulting high made him feel so crappy that he couldn't 'close the deal'.

    No, I am not in agreement with the lawsuit - but I do have a fatal flaw of having to see both sides of every issue - which gets me in trouble in real life but makes me a great addition to a debate team!

    Oh yeah - sorry for jumping in here since I am not an adult w/t1...I just couldn't resist!
     
  17. Jacob'sDad

    Jacob'sDad Approved members

    Joined:
    Nov 20, 2007
    Messages:
    3,803
    I find that one of the best ways to solidify my own point of view is to argue the other side. If my arguments get shot down then it shows I was right in the first place. If my arguments stand up then I can now understand those on the other side. It doesn't mean I agree with them but I can at least see where they are coming from.

    I also think that one of the greatest gifts someone can give me is to prove me wrong. I HATE the saying "no one likes to be told their wrong". If you can show me how I'm wrong about something then you have done me a great favor. I no longer have to go around believing something that isn't true.

    Anyway back to the lawsuit:
    When I said "HE WILL WIN" it was intended to get a rise out of people. I don't know if he will win or not but it definitely wouldn't surprise me if he did.

    Do I think he should win? Yes, I guess at this point I do believe he is due some kind of compensation. I think he's kind of shooting for the moon with what he's asking for, though. I doubt if he expects to win that much and will probably be happy to settle for quite a bit less.
     
  18. jcanolson

    jcanolson Approved members

    Joined:
    Apr 7, 2008
    Messages:
    2,115
    I'm so glad to hear you all agree!

    My dh and I were saying exactly the same things. An ambulance for 480?!!
    We're Dollywood pass holders, and they have been more than helpful to us in the past.

    Carol
     
  19. funnygrl

    funnygrl Approved members

    Joined:
    Nov 2, 2005
    Messages:
    2,324
    Good lord, this just ticks me off. People are idiots. He should have had his own darn insulin. 480 is high, but not, "holy crap, emergency, call the ambulance" high. If they had to call the paramedics to check his blood sugar, he must not have had his own meter, either. 480 certainly isn't life threatening. It took him 3 drinks before he realized he was going high? And who here has ever had sweating and confusion as a symptom of a high blood sugar? And then he couldn't drive because he was high? It sounds like someone was being a little overly dramatic.

    Seriously, frivolous lawsuits and inappropriate ER use are major reasons for increasing medical costs.

    While it's not good that the restaurant had the container mixed up, it's certainly not cause for an ER visit or a law suit, and could have been easily handled if he had been prepared.

    I'd love to know what the rest of his meal consisted of.

    I once got regular soda instead of diet soda at Burger King and went to HI on my meter. I should have had them call me an ambulance. I didn't realize I could get $10,000.

    To those saying he'll win- read the last few pages, he did.
     
    Last edited: Apr 10, 2008
  20. Richard157

    Richard157 Approved members

    Joined:
    Jul 19, 2007
    Messages:
    524
    Maybe T2???

    Did the posted account say he is Type 1? He may be Type 2 and does not use insulin. If a Type 2 drinks a regular coke and has a BGL of 480 then insulin would be the best and quickest way if bringing his BGL to a healthy level. It might be the only time he has ever needed insulin.

    Richard
     

Share This Page

- advertisement -

  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice