That is simply ridiculous! We are becoming such a litigatious society that one day we will all be living in little bubbles. I'm so sorry about her %#$# hors d'oeuvre plate.

I broke my leg while helping friends move over 15 years ago. It still bothers me (physically, not due to any emotional hors d'oeuvre plate...) Since none of the male helpers had shown up, and it was growing late, and they had to be out of their rental that day, I helped the husband move the dryer and then the washer out to the pickup. Since I'm taller than the husband, I had to lead the way backwards down the steps to the pickup and *I* miscalculated (not having eyes on the back of my head), and ran full force from the back into the open pickup bed, and broke my leg close to the knee. It is a miracle that I didn't drop the washer. (Then it would have also been smashed feet...)

Yeah, I coulda sued. I had chosen to help my friends with this task, though. She chose to catch her nephew (who is a CHILD), rather than dodging. Yes, neither she nor I knew the outcome of our specific events would be injury -- and neither the child nor my friend's husband knew this, either.

That kid was overjoyed (for the last time in his life, I'm sure) to see that "aunt" of his that day.

The jury said NO. May have planned a split with family if insurance paid. Could understand it if she asked for medical expense only.

The kids mother died last year. Makes me wonder if the "wonderful" aunt was trying to get some of the inheritance left to the boy.

Ridiculous, I feel so sorry for that boy. What a way to crush a child and warp their perspective of reality.

Took 20 minutes for the jury to say no and that the nephew was not negligent.

Wow, is all I can say.

what a greedy loser - she lost the court case and now I'm sure has lost the nephew - especially after the boy's mother died a year ago. The boy sure hasn't lost much losing this aunt.

Insurance scam gone awry -- and a good thing, too.

I was really hoping he was at least "in" on what was happening. Isn't that sad? I didn't want him to be hurt by her accusing him of being negligent, more than I worried about him learning how to scam. Nothing good about this situation. Really sad!

I see that it took the jury less than a half hour to return a big fat "nope" judgement. :)

If I were on the jury, I'd feel a little like suing her for wasting my time, or at least asking the court whether there was some way we as the jury could decide that she (and perhaps her lawyer) are liable for all court costs.

I wonder if the aunt will bring a malpractice suit against the surgeon now.

Did she not have insurance to pay her bills related to the fracture?

Her ADL (activities of daily living) complaints seem rather minor, and I haven't read that she suffered any post-op complications (that can be significant).

Her suit is NOT an insurance scam nor was it willfully intending to fleece anyone. She had serious medical bills following her young nephews exuberance that she could not cover financially and when she sought help from the father's insurance company...they told her to sue first. That's a typical response in the State of CT. The news media has blown the entire occurrence way out of proportion and some stations who were eventually embarrassed enough...printed/aired the truth of the matter along with retractions. The woman, herself, is very embarrassed by all this attention...and personally...if I were her...I'd sue the media for their misinterpretation of the entire event. Please...don't leap to conclusions without all the facts. I don't know this woman...but it's not the first time that I've read about this insurance advised procedure. IMO...it's stupid but it's tolerated for whatever reasons. I only wish...for her sake...that the media is as quick to broadcast the conclusion to this issue. It wouldn't be at all unusual for the insurance company to now pay her medical bills.

Thanks anne_ct for the perspective. The parents' insurance should have covered this and as you said the only way to do it was to sue. The insurance company offered her ONE DOLLAR for her medical expenses. I think she had lousy lawyers. Sounds to me that they didn't sue it out correctly for one, and also to have let her say that the 8 yo should have known that jumping her would cause injury... that's equivalent to malpractice in my book. In any case, people should be more aware of the facts. Here's an article that gives a little more detail on the facts in a calmer method rather than the hysteria of social media.

As far as trying to "cash in" or something, do the math. Anyone who has seen or had to pay medical bills these days should know that it doesn't take all that much to go to $127,000.00 considering there has been two surgical procedures so far and potentially a third coming.

And sadly, the media can't really be held liable in this either. Can't really sue them absent malice. They didn't go far enough in my opinion but likely they checked that yes a kid jumped and an aunt got hurt and the aunt sued. So they're butts are covered.

The kid shouldn't be the party to the litigation, it should be the parents. But laws vary from state to state and as anne_ct correctly pointed out, the aunt had no choice if she wanted her medical bills covered, which IMO, should have been covered because of what the kid did. It was an accident but when someone causes an accident that's what insurance is for, to cover the expenses.

Thank you, cynic. I'll add that a local national channel guested both the aunt and her nephew yesterday morning in an effort to clarify the entire issue. Personally...I think there were a lot of embarrassed media folks over their quick-to-judge...and report...process. I doubt it will...but I sure hope it taught them a lesson.

Anne, I never considered asking the homeowners' (well, rental-"owners") insurance to pay for the injuries I suffered as mentioned in my post above. It just never came up on my mental radar. Do I regret that? Actually, no. (And yes, currently I still do live in Connecticut.)

My (own, not their) insurance covered my injuries, and I paid the out of pocket stuff myself.

Yes, I still have a few knee issues, but I truly hate the litigatious society we've apparently devolved into.

(Would I ever sue someone? Yes, malicious forethought would be one bugaboo. Truly hidden physical dangers another.)

Artemis...I've had more than one occasion throughout my life to lawfully [and rightfully] sue medical professionals who made agregious errors where my person was concerned. I've also had, like you, a few incidents similar to the one you experienced. Did I...or would I....sue. No. I agree with you in that I am not a devotee of litigation. I think it's a personal decision influenced by the actions of the parties involved...and I further agree that it's become a far too popular solution for some. I don't know all the pertinent facts of the aunt/nephew situation other than to contribute that apparently she did not have either the insurance coverage or the personal funds to cover all the expenses of repairing the damage done to her arm.

My point in posting originally was to encourage more thought [and more facts] regarding the criticism of the aunt that was taking place here. From all that I'd gleaned...she is/was not the ogre that the media made of her. Do I think that her advisory people should have handled the entire situation with more grace and preparation? Yes. But conjecture by the general public and jumping into the fray with all claws extended wasn't...IMO...deserved.

Anyone know which homeowners insurance company offered her the $1. payment?