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USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

this is a discussion within the Saints Community Forum; Originally Posted by dizzle88 Good! I've listened to a few interviews from him, sounds like Payton and the team doctors really screwed him over. He said he told Payton numerous times that there was something more wrong with his leg ...

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Old 09-26-2020, 08:03 PM   #11
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

Originally Posted by dizzle88 View Post
Good!

I've listened to a few interviews from him, sounds like Payton and the team doctors really screwed him over.

He said he told Payton numerous times that there was something more wrong with his leg than initially reported and Payton ignored it and trusted the doctors.

Turns out it was broken and Payton gave him attitude when he couldn't perform properly.
Breaux and Payton allegedly came to blows at training camp at the Greenbrier according to Breaux.
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Old 09-26-2020, 08:54 PM   #12
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

Originally Posted by AsylumGuido View Post
Maybe that cap could go away if every swingin' d!ck in this state didn't sue everybody within twenty miles whenever someone farts in their presence.
They sue because most cases don't meet a threshold for a jury trial. If trial lawyers suddenly are faced with the expense of underwriting a jury trial that they may lose, you'll see the lawsuits numbers drop...

Why do you think Morris Bart has lobbied so hard in the legislature? And backed the current governor so generously?

Start making those cases go to jury trial, and then you'll see only the legit cases get to court as trial lawyers won't walk into court on the hook for those court fees when they could lose...
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Old 09-26-2020, 08:56 PM   #13
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

Originally Posted by AsylumGuido View Post
I am sure you want all of the details to come to light. I'm just letting you know that is not likely to happen. If it doesn't come to light, Greg Bensel, Dennis Lauscha, Ben Hales, Mickey Loomis, Sean Payton, and Vicky Neumeyer will have nothing to do with it. The suit is directly between the two doctors and the hospital system. The Saints and their personnel are not involved in the suit at all. They have zero say and zero liability.

You're pissin' up a rope if you think that this suit will affect the Saints organization whatsoever whether you think it is warranted or not. If Breaux' legal team felt like there was some to gain by suing the Saints as well they would have included them in the suit. It is customary to name every party even remotely involved in a suit. You should know that ... I know you do.

Oh, and they have dealt with bigger claims than from individuals with far more visiability than a Saints player. LOL!!!
Case may be between OHP and Breaux, but when the deposition process starts, let's see what happens when Saints staff get called in under oath...
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Old 09-27-2020, 12:17 AM   #14
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

Originally Posted by ChrisXVI View Post
Breaux and Payton allegedly came to blows at training camp at the Greenbrier according to Breaux.
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Old 09-27-2020, 09:48 AM   #15
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

Originally Posted by jeanpierre View Post
Case may be between OHP and Breaux, but when the deposition process starts, let's see what happens when Saints staff get called in under oath...
They wouldn't be deposed unless they were germane to the suit and if they were germane they would have been named as defendants.

I am curious, though, as to what he is claiming as damage. Misdiagnosis or even mistreatment alone are not grounds for a malpractice suit. There has to be some sort of negligence that causes injury or unneeded surgery as a result for a claim to be valid. Filing a claim is easy. Showing actual injury as a result is not. The fact that he was able to get a job in the CFL would show that he has no lingering issue as a result of a misdiagnosis, therefore no standing. There would have to be something else.

“The pessimist sees difficulty in every opportunity. The optimist sees the opportunity in every difficulty.” — Winston Churchill
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Old 09-27-2020, 09:53 AM   #16
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

Originally Posted by jeanpierre View Post
They sue because most cases don't meet a threshold for a jury trial. If trial lawyers suddenly are faced with the expense of underwriting a jury trial that they may lose, you'll see the lawsuits numbers drop...

Why do you think Morris Bart has lobbied so hard in the legislature? And backed the current governor so generously?

Start making those cases go to jury trial, and then you'll see only the legit cases get to court as trial lawyers won't walk into court on the hook for those court fees when they could lose...
Maybe one out of every 200 cases ever make it to court. Most are thrown out for lack of grounds very early on. The small percentage that have some grounds are usually settled via mediation and never reach court. Yet, all of those still cost the insurance companies millions in legal fees even if the plaintiff doesn't get anywhere with the suit that they filed.
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Old 09-27-2020, 01:43 PM   #17
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

Originally Posted by AsylumGuido View Post
They wouldn't be deposed unless they were germane to the suit and if they were germane they would have been named as defendants.

I am curious, though, as to what he is claiming as damage. Misdiagnosis or even mistreatment alone are not grounds for a malpractice suit. There has to be some sort of negligence that causes injury or unneeded surgery as a result for a claim to be valid. Filing a claim is easy. Showing actual injury as a result is not. The fact that he was able to get a job in the CFL would show that he has no lingering issue as a result of a misdiagnosis, therefore no standing. There would have to be something else.
How are the Saints not germane to the suit? You'd have to have your head up your arse to think they weren't germane as the Saints hired OHP. Further, smart litigator will bring them in for as much discovery as possible...


And that's why the Saints might be inclined to cut a side deal with OHP to get this settled...
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Old 09-27-2020, 01:48 PM   #18
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

Originally Posted by AsylumGuido View Post
Maybe one out of every 200 cases ever make it to court. Most are thrown out for lack of grounds very early on. The small percentage that have some grounds are usually settled via mediation and never reach court. Yet, all of those still cost the insurance companies millions in legal fees even if the plaintiff doesn't get anywhere with the suit that they filed.
History. If you look at the number of cases and the costs before and after Trial Lawyers lobbied and got the law changed to raise the threshold for a trial jury, the numbers are night and day...

Louisiana is one of the most litigious states in the Union, and it's no wonder that Trial Lawyers are a big drain on what should be the South's second leading economy...
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Old 09-27-2020, 01:49 PM   #19
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

If anyone deserves a fair trial it's Delvin Breaux. We did him dirty. I didn't know that he had been in a fist fight with Payton. I read it earlier so please don't quote me. There was obviously bad blood but whose fault is it? I'm thinking Payton believed the Ochsner quacks and rode his ass to get him back sooner than he should have.
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Old 09-27-2020, 01:51 PM   #20
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Re: USA Today Saints Wire | Delvin Breaux files suit against ex-Saints team doctors

If anyone deserves a fair trial it's Delvin Breaux. We did him dirty. I didn't know that he had been in a fist fight with Payton. I read it earlier so please don't quote me. There was obviously bad blood but whose fault is it? I'm thinking Payton believed the Ochsner quacks and rode his ass to get him back sooner than he should have.

I called on Ochsner in medical sales. That place was almost as bad as the VA, which was horrible!
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