Guardian Ad Litem Rights

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I am just a mom.  A mom whose guardian ad litem rights were taken away while I was protecting my child’s rights to have a jury trial against defendants Amanda Laraus and Centrastate Medical Center in Freehold New Jersey.  I need to raise awareness, I have to share, I need to share this unimaginable thing that has left us all in shock, my family my friends all that know us. I need your support to sign my petition.  If this could happen to me it could happen to any parent in the State of New Jersey. 

The morning of a trial for my son' medical malpractice case, I was present to begin the jury selection.  The to my surprise he tells me “I have a conflict”.   He said he is having the court appoint a guardian for the child, I no more have rights to speak for my son in this case and there will be no trial. He said I was not representing my sons interest in this case only my own.  I am no longer fit to be his guardian ad litem because I am refusing to except a very nominal settlement from Centrastate Medical Center so nominal and below two prior court ordered mediator analysis reports. This was to protect the hospital so they would not need to file an insurance claim.  This was to cover up that the therapist endangered my four year old son's welfare when she did not seek him medical attention she should have known to do the time the injury occurred during the time he was under her care especially knowing his medical history. 

The injury that happened to my oldest son occurred ten years ago when he was four years old. He had fallen off a table unguarded by a negligent physical therapist named Amanda Laraus at Centrastate Medical Center. He had just started physical therapy at Centrastate Medical center.   He had already achieved tremendous success with therapy from an unrelated surgery to his tibia bone at the Rubin Institute under the care of our amazing orthopedic surgeon Dr. Herzenberg at Sinai Hospital in Baltimore MD.   We came to NJ to continue his care because I was having a baby.   The injury occurred when I was at home with my 6 day old infant, recovering from a C-section.

After the injury my son's orthopedic doctor directed us to return back to Maryland. My son, my infant son, and I all had to now return to Maryland and stay at the Hackerman Pattz House across the street from the hospital.  We were so sad to leave home and our family right now, we needed there support, this was supposed to be a time of joy and celebration for my little boy, excited to be a big brother, who had already been through so much and achieved his physical goals of two straight and even legs with his amazing surgeon Dr. John Herzenberg in Maryland. This all snatched away in an instant by a grossly negligent physical therapist.  Like a hit and run, the therapist was so callous she did not even seek any medical attention, she did not give him ice,  she tried to make him walk. I advised her his leg swelled up she said maybe it was a bug bite.  My son's leg swollen days later and still refusing to walk, this is when realized something was terribly wrong.   I notified his orthopedic surgeon told him all that happened .  He told me to get an X-ray! My son broke his femur bone when the cast came off he had a 35 degree procurvatum bowing of the femur after it healed.

My son's orthopedic doctor's X-ray shows his femur bone to be healthy and without defect before the accident occurred.  There were no plans for future surgery  to the femur.   

The X-ray taken after the fall by Dr. Herzenberg shows a severely deformed femur bone. The growth plate damaged. 

I proved all these events with medical records from my son's doctors.  I proved my son had four surgeries to his femur bone unrelated to his preexisting condition that was treated years prior and currently has a rod in his femur directly as a result of this accident that had occurred while under the care of a negligent physical therapist. My son lost all progress made from surgery two years prior in an instant when injured at the Hospital. As a result of the injury sustained, my son had rods and fixator’s inserted in his bones for many months at a time on two separate occasions to correct the femur bone this was very painful, these pins were used to manipulate and straighten the bone to correct the 35 degree procurvatum and now damaged growth plate. He still needs more surgery to remove the rod and is left with many scars that he may one day want to cosmetically fix.

Throughout this case I have been my child’s only advocate, jumping loops and obstacles that were created to alter truths and uncovering evidence of foul play which include tampered medical records, and lost X-rays the mother recovered from the treating hospital. After fighting the fight and having all the evidence to substantiate my son’s claims the basic civil right to a trial by jury was stripped away my son being left at the mercy of a court appointed guardian.

The corruption gets worse they feed each others pockets, Judge O’Brien ignores his own court appointed mediators evaluations and orders a guardian in place to be paid $350.00. per hour with no cap. His order states “to review the matter and render a report to the Court on the fairness and reasonableness of an offer of settlement that has been rejected by Deborah Annunziata”. The settlement of less than half of what the mediator recommended. And does not cover future medical expenses.   I also find out that my son's lawyer doubled billed us on expert's cost and fees. He refused to show the proper accounting.  After all medical cost, medicaid lien, legal cost and fees and attorneys percentage my son is left with very little.   My child has a right to a just trial and his medical doctors records and all his X-rays prove his case to show how badly he was injured during his formative childhood years.  We the family believe he will be better served by a jury trial of there peers. They do not have the right to force a settlement on a child and say the mother is unreasonable. 

Please sign this petition to appeal Judge O’Brien decision and give back the mother’s right as guardian ad litem to support her son's rights to have a trial by jury to hear his complaint.

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