Deposition of Allergist

Posted on: Sat, 07/22/2006 - 7:44pm
drmom's picture
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Joined: 07/23/2006 - 09:00

I love this site and always walk away enlightened! I am writing in regard to my ten year old son who has an anaphylactic peanut allergy. His RAST test has always been and is off the chart; he is touch and smell sensitive. He has gone into anaphylactic shock on two occasions. Once from eating a graham cracker on a cross-contaminated line and another - touching a surface with non-visable peanut reisdue, touching his sippy cup and drinking. His seven year old brother has a peanut, tree nut, milk and egg allergy; also carries an Epi-Pen. Both have asthma. I am currently in litigation with they're father (my former spouse) who is attempting to downplay the severity of they're allergy stating they have "no problem" with it and it is "no problem". Fortunally we have not had a reaction in 3 years, but we all know it is due to strict avoidance, daily viligance and living thirty seconds ahead of whatever you are currently doing! We are deposing our Allergist soon and I am asking for your help in determining the questions that will aid in conveying the severity, shed light on the demands put on the child/parent and illustrate the unique life we lead. Any and all suggestions will be greatly appreciated...(especially since I'm not sure my attorney gets it!) Thank you for your time and God Bless.

[This message has been edited by drmom (edited July 23, 2006).]

Posted on: Sun, 07/23/2006 - 4:33am
Gail W's picture
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Joined: 12/06/2001 - 09:00

What are you seeking through litigation? full custody? requirements when your children are in your ex's care?

Posted on: Sun, 07/23/2006 - 1:42pm
drmom's picture
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Joined: 07/23/2006 - 09:00

Thank you for inquiring. Custody is not an issue. I am the primary custodial parent. The father spends four days a month with the boys at most, not involved in their activities and does not desire additional time.
The father's objective is to reduce court ordered financial support. This support allows me to meet the special needs of our sons, maintain a safe enviroment and a reasonable quality of life for them. In addition to our allergy concerns, my anaphylactic son has an IEP addressing vision, sensory and dsylexia issues.
Meeing they're needs, accompanying them to activities, Dr. Apts, Occupational Therapy, vision therapy, food preparation, childcare challenges, transportaion, etc. as you know is a full-time job. He is attempting to downplay the severity of their allergies, their unique challenges and the time required to meet those needs.
Hope this helps!

Posted on: Sun, 07/23/2006 - 1:17am
Corvallis Mom's picture
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Joined: 05/22/2001 - 09:00

(First you might want to move your post into the "living with PA forum,"
(you'll get more responses if you do)
1. Does your 10 yo have any special formal plan in place in the school environment? Things like an IEP or 504 which are in place exclusively for the FA would be helpful in establishing the severity of impairment to your attorney, I would think.
2. Ask your doctor what the outcome is if you forget (even once) any of the following:
a. epipens
b. to read the label on a favorite product for the 100th time
c. to work out protective measures with the school
All I can think of right now.
Be sure to get him to describe how rapid and lethal HE thinks your children's PA is.
I am very sorry for your family as you go through this. [img]http://uumor.pair.com/nutalle2/peanutallergy/frown.gif[/img]

Posted on: Sun, 07/23/2006 - 1:39am
drmom's picture
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Joined: 07/23/2006 - 09:00

Thank you for taking the time to respond to my question. We do have a 504 in place, you bring up a good point. It is a legally recognized disability. Also, thank you for the questions; they are direct and right to the point. I'm new to this...how do I change boards. My question was assigned to this one. I prefer to be on a more active site! Thanks, Kim
[This message has been edited by drmom (edited July 23, 2006).]

Posted on: Fri, 02/09/2007 - 12:16am
LB-PhD's picture
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Joined: 02/09/2007 - 09:00

I think you have to push hard with the attorney. I am a clinical psychologist and I do custody evaluations with divorced families - I am also a mother of a severly allergic son (peanuts & eggs). It is a critical custody issue and this must be prioritized in court! Good luck

Posted on: Fri, 02/09/2007 - 3:02am
drmom's picture
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Joined: 07/23/2006 - 09:00

Thank you for taking the time to reply to my posting. Well, our trial has come and gone since my inital question. Unfortunally, the judge chose not to acknowledge our son's "legally recognized disability" and ruled "his health condition has stabilized"??? Despite factual information obtained through a deposition, RAST test results that are off the charts and two medical professional (Allergist)opinions.
Therefore, there are no accomodations, references or acknowledgement of outstanding childrearing cost associated with either of our sons who have severe food allergies/asthma and severe excezma.
However, there is hope, as I plan to continue my fight through an appeal. Hopefully the next court will acknowledge the severity, unique lifstyle and cost associated with Anaphylaxsis and Asthma.
Additionally, the judge did not assess the father (a Major Airline Pilot and Lt. Col in the Air National Guard who sees his children 4 weekend days a month) any financial childcare obligation! We all know the challenges of Anaphylaxsis and childcare! Amazing!

Posted on: Sun, 07/23/2006 - 4:33am
Gail W's picture
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Joined: 12/06/2001 - 09:00

What are you seeking through litigation? full custody? requirements when your children are in your ex's care?

Posted on: Sun, 07/23/2006 - 1:42pm
drmom's picture
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Joined: 07/23/2006 - 09:00

Thank you for inquiring. Custody is not an issue. I am the primary custodial parent. The father spends four days a month with the boys at most, not involved in their activities and does not desire additional time.
The father's objective is to reduce court ordered financial support. This support allows me to meet the special needs of our sons, maintain a safe enviroment and a reasonable quality of life for them. In addition to our allergy concerns, my anaphylactic son has an IEP addressing vision, sensory and dsylexia issues.
Meeing they're needs, accompanying them to activities, Dr. Apts, Occupational Therapy, vision therapy, food preparation, childcare challenges, transportaion, etc. as you know is a full-time job. He is attempting to downplay the severity of their allergies, their unique challenges and the time required to meet those needs.
Hope this helps!

Posted on: Sun, 07/23/2006 - 4:33am
Gail W's picture
Offline
Joined: 12/06/2001 - 09:00

What are you seeking through litigation? full custody? requirements when your children are in your ex's care?

Posted on: Sun, 07/23/2006 - 1:42pm
drmom's picture
Offline
Joined: 07/23/2006 - 09:00

Thank you for inquiring. Custody is not an issue. I am the primary custodial parent. The father spends four days a month with the boys at most, not involved in their activities and does not desire additional time.
The father's objective is to reduce court ordered financial support. This support allows me to meet the special needs of our sons, maintain a safe enviroment and a reasonable quality of life for them. In addition to our allergy concerns, my anaphylactic son has an IEP addressing vision, sensory and dsylexia issues.
Meeing they're needs, accompanying them to activities, Dr. Apts, Occupational Therapy, vision therapy, food preparation, childcare challenges, transportaion, etc. as you know is a full-time job. He is attempting to downplay the severity of their allergies, their unique challenges and the time required to meet those needs.
Hope this helps!

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