Thursday, June 30, 2005

A Rock and a Hard Place

The bank says: [We] have thoroughly researched this issue on our end - spending a great deal of time. [We have] provided you with the paperwork that indicates that we sent three vials.... The number of staff involved in your order makes the possibility of our error extremely unlikely. [W]e have done all we can do and feel that the resolution lies with your clinic rather than us. We are considering this case closed.

The RE's office says: [T]he issue is between the bank and our andrology Dr. with you in the middle.... The call needs to be set up between you and the bank and andrology.... I truly think that it is the bank’s error. We have never had this kind of thing happen before.


Seriously, does anyone have any advice on how to go forward from here? The bank refuses to take part in a conference call, and the RE's office doesn't want to talk with us about it anymore, nor do they seem likely to budge on their position.

Any advice about small claims court?


  • I say talk with an atty. Maybe you can "scare" them with a letter from the atty. Either way, here in Florida some atty's have free consultations, and it might be worth checking into. I realize its only 500 bucks but ask the atty if they can be held liable for his fees etc. as well.

    My Thoughts:
    If they sent the vials (all 3) and there is a signature of someone from the other place RECIEVING them, then the other place would be responsible, because they stated "YES, (according to the signature) they recieved all 3 vials. Essentially, they would have signed to recieve all 3. Where the third went, would be their problem. Thats just my opinion, but there may be some legality to it. I know when i sign to "recieve" a package, (i'm at a front desk in an engineering firm)I am essentially making myself responsible for it. I immediatly open the package and if the contents are incorrect, I make a phone call fast to the originator. Obviously this was never done. (Making the "reciever" responsible for not doing that, hence all this confusion and blaming)

    I'm piss-n-vinegar already, this would have really lit my fire.....
    Good luck, and it looks like some patience is really gonna be a valued trait in this one......

    By Anonymous Heather, at 12:08 PM  

  • This comment has been removed by a blog administrator.

    By Blogger Lil Bouncer, at 1:00 PM  

  • I know how you feel. I am anal about restitution when something / someone does me wrong. I want it fixed and I relentlessly dwell on it.

    I am not a lawyer, however, it is highly unlikely that you can win any court case and recover any of your losses with out PROOF. Unfortunately the burden of proof in on you ... and since you can't PROVE who made the error I don't think a court can help you.

    Take a look at your goals. Your goal is a healthy baby. Yes, that sperm may have been a part of it. But mistakes happen when humans (and even poorly programmed computers) are involved. It may be best to grieve the loss of all those millions of sperm that and go on. I think you have done as much as you can. Any more efforts would distract you from your ultimate goal.

    Love you guys!


    PS. I know you need things to keep your mind of temping and testing but there are plenty of other (better, more positive, less grief giving) things to occupy your time.

    By Blogger Lil Bouncer, at 1:05 PM  

  • Jen & Cait...

    I have to agree with Heather on this one. You do not have to say goodbye to $500.00 because somebody made a mistake.

    Either organization will settle rather than drag themselves and their reputations to court.


    By Anonymous Anonymous, at 1:32 PM  

  • Going along with what Heather said, if the office doesn't want to talk to you about it anymore, simply place a phone call asking for a copy of the receipt of the vials as the bank was kind enough to provide their statements of sending the vials.

    And make the same type of call to the bank. Mention a subpeona for records if they are reluctant.

    Of course, it is handy to have a real attorney back you up on that and they *can* get a subpeona for records, so if your calls don't pony up the records, definitely go to an attorney.

    Ooo.. and here in Indianapolis we have a local news program that handles these types of consumer issues, so maybe you have an equivalent press that you can use to get either party to pony up.

    If issues like these are let go, the parties in questions pay no recourse and it could lead to other families getting screwed by them. (And not in the good baby-making way.)

    By Blogger a Peach, at 1:45 PM  

  • I graduated law school, but I'm not licensed to practice (even if I was, I'm fairly sure you aren't in my state). SO that being said, I think your shoudl take anything you have to an atty for review. Most Bar Associations will refer you to an attorney and the atty will review the material to decide to take the case or not.

    Next, is that you need to include whoever sent/shipped/carried the vials from the bank to the RE. They may be the ones who lost it. If it was the USPS, they only cover a certain amount unless additional shipping insurance was purchased.

    I wish you the best, I'm sure you're going nuts over this.

    By Blogger Hostile in Ohio, at 6:54 PM  

  • It really wouldn't hurt to contact a lawyer at this point -- mz for instance, or someone from the list at lsp, and just ask if you have a case. It would probably give you more peace of mind than just letting it go, right? It's infuriating, both because it's $500 and it's YOUR SPERM .

    These folks want to avoid lawsuits at all costs. Maybe even a few atty phone calls will have them splitting the cost of replacing the vial or refunding your $$?

    Hang in there!

    By Anonymous trayce, at 8:25 PM  

  • I guess I'm the only one who thinks this way. Whatever you decide I hope you find justice and get the vial replaced or get a refund.

    By Blogger Lil Bouncer, at 8:36 PM  

  • I have to agree with the talk-to-an-attorney folks. And also that the talking may be as far as you have to go - we bought into new construction and had a bunch of problems. Once we all realized that one of our new neighbors was an attorney willing to write all our pissy letters on attorney stationery, things started happening....

    By Anonymous bri, at 8:03 AM  

  • I, too, think you need to speak with a third party rep. Basicaally, what they said ("they" being those people who already posted).

    Good luck!

    By Blogger hd, at 7:26 AM  

  • I'm with the 'talk to an attorney' crew; and it really doesn't matter who lost the vial, as long as you don't have to pony up the $500 to replace it, because no matter who lost it, it wasn't YOU. At least the attorney can tell you what your options are, and if your options are a trade between ponying up $500 and pissing off an RE that you otherwise like, you can decide on that basis. It is true that a letter on an attorney's letterhead often makes people far more amenable to settle conflicts than they were otherwise. Take care and every good wish!

    By Anonymous terri c, at 12:17 PM  

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