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

AsylumGuido · 09-26-2020, 04:33 PM

Originally Posted by jeanpierre

Very much familiar with the world of malpractice, reinsurrance, subrogation et al...

But how many of your wife's, or rather her contemporaries' cases involved a New Orleans Saint?

If it doesn't come to light, it'll be because Greg Bensel, Dennis Lauscha, Ben Hales, Mickey Loomis, Sean Payton, Vicky Neumeyer et al counsel do a side deal with OHP and insist on an NDA as part of the settlement...

But I still would like the facts to come to light and this is why...

Yes, I do know some things via friends that I can't compromise their trust; they're at least two members in this community who know I'm not BS'ing on this...

That said, they're some injuries where some players get a bad wrap in the press because of a wink-wink, nod-nod agreement with the press and others to pressure a player back...

This has happened in more than one coaching regime with the Saints and I'd hoped it'd be different with the current regime...

I'll say that I don't believe that to be the case and that I feel Del Breaux caught a raw deal and fans should know...

He's a local boy, who loves all people, and wanted so much to bring Lombardi Gras to us; IMHO, his injury was misdiagnosed, mismanaged and they're several parties who should pay for that fubar situation...

Also have friendlies with the Press here; they have bills, families, et cetera, but if this were NYC, ATL, CHI, DAL, LA, Sean Payton would've had his head handed to him, rightfully so, long ago...

But Del Breaux should be made whole, and the Saints should do their part in that and embrace him as a former Saint and into the Saints community once again...

And then we can talk WestBank...

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!!!

AsylumGuido · 09-26-2020, 04:46 PM

Okay, just talked with the wife. About the only hospital system in the state they don't cover is Oschner. But she totally agreed with everything I said. It will be years before it gets to court IF it does and IF it does it means the hospital knows it will win. It will likely be settled out of court, IF his counsel can show enough lasting damage to warrant a settlement, and if so there will definitely be a nondisclosure agreement.

No way your going to get your satisfaction, JP. I understand where you are coming from, but the Saints front office isn't involved at all in the matter and cannot be dragged into it publicly under the normal circumstances.

Xanax time, my friend.

jeanpierre · 09-26-2020, 08:56 PM

Originally Posted by AsylumGuido

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...

AsylumGuido · 09-27-2020, 09:48 AM

Originally Posted by jeanpierre

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.

jeanpierre · 09-27-2020, 01:43 PM

Originally Posted by AsylumGuido

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...

AsylumGuido · 09-27-2020, 02:32 PM

Originally Posted by jeanpierre

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...

I have a feeling you are a little personally invested into the whole affair.

As I mentioned before, Breaux' legal team is going to have to show injury caused by malfeasance to have the case even advance to the discovery stage.

I know and understand your frustration, but while you think I have my head up my arse you may need to pull yours out of the same orifice. The Saints have no "legal" liability here.

jeanpierre · 09-27-2020, 02:43 PM

Originally Posted by AsylumGuido

I have a feeling you are a little personally invested into the whole affair.

As I mentioned before, Breaux' legal team is going to have to show injury caused by malfeasance to have the case even advance to the discovery stage.

I know and understand your frustration, but while you think I have my head up my arse you may need to pull yours out of the same orifice. The Saints have no "legal" liability here.

Have a feeling this is your fall back everytime I clearly demonstrate to the rational world you are wrong...

AsylumGuido · 09-27-2020, 03:03 PM

Originally Posted by jeanpierre

Have a feeling this is your fall back everytime I clearly demonstrate to the rational world you are wrong...

No. Let's wait and see. I am not wrong here. I would dare say I have the better insight into malpractice litigation in the state of Louisiana than anyone else that you know.

The Saints have no liability in the situation. Oscshner and the doctors may if they caused physical injury through their actions. I know you want the Saints punished, but there has to be legal cause.

I'm not saying that the Saints front office had no influence, but legally that has no bearing, JP. That is a fact. Sorry.

09-26-2020, 04:33 PM	#1
AsylumGuido 10000 POST CLUB Join Date: Sep 2007 Location: Bossier City, LA Posts: 26,817	Re: USA Today Saints Wire \| Delvin Breaux files suit against ex-Saints team doctors Originally Posted by jeanpierre Very much familiar with the world of malpractice, reinsurrance, subrogation et al... But how many of your wife's, or rather her contemporaries' cases involved a New Orleans Saint? If it doesn't come to light, it'll be because Greg Bensel, Dennis Lauscha, Ben Hales, Mickey Loomis, Sean Payton, Vicky Neumeyer et al counsel do a side deal with OHP and insist on an NDA as part of the settlement... But I still would like the facts to come to light and this is why... Yes, I do know some things via friends that I can't compromise their trust; they're at least two members in this community who know I'm not BS'ing on this... That said, they're some injuries where some players get a bad wrap in the press because of a wink-wink, nod-nod agreement with the press and others to pressure a player back... This has happened in more than one coaching regime with the Saints and I'd hoped it'd be different with the current regime... I'll say that I don't believe that to be the case and that I feel Del Breaux caught a raw deal and fans should know... He's a local boy, who loves all people, and wanted so much to bring Lombardi Gras to us; IMHO, his injury was misdiagnosed, mismanaged and they're several parties who should pay for that fubar situation... Also have friendlies with the Press here; they have bills, families, et cetera, but if this were NYC, ATL, CHI, DAL, LA, Sean Payton would've had his head handed to him, rightfully so, long ago... But Del Breaux should be made whole, and the Saints should do their part in that and embrace him as a former Saint and into the Saints community once again... And then we can talk WestBank... 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!!!
	“The pessimist sees difficulty in every opportunity. The optimist sees the opportunity in every difficulty.” — Winston Churchill

09-26-2020, 04:46 PM	#2
AsylumGuido 10000 POST CLUB Join Date: Sep 2007 Location: Bossier City, LA Posts: 26,817	Re: USA Today Saints Wire \| Delvin Breaux files suit against ex-Saints team doctors Okay, just talked with the wife. About the only hospital system in the state they don't cover is Oschner. But she totally agreed with everything I said. It will be years before it gets to court IF it does and IF it does it means the hospital knows it will win. It will likely be settled out of court, IF his counsel can show enough lasting damage to warrant a settlement, and if so there will definitely be a nondisclosure agreement. No way your going to get your satisfaction, JP. I understand where you are coming from, but the Saints front office isn't involved at all in the matter and cannot be dragged into it publicly under the normal circumstances. Xanax time, my friend.
	“The pessimist sees difficulty in every opportunity. The optimist sees the opportunity in every difficulty.” — Winston Churchill

09-26-2020, 08:56 PM	#3
jeanpierre Site Donor 2018 Join Date: Mar 2008 Location: Thibodaux Posts: 43,543 Blog Entries: 39	Re: USA Today Saints Wire \| Delvin Breaux files suit against ex-Saints team doctors Originally Posted by AsylumGuido 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...

09-27-2020, 09:48 AM	#4
AsylumGuido 10000 POST CLUB Join Date: Sep 2007 Location: Bossier City, LA Posts: 26,817	Re: USA Today Saints Wire \| Delvin Breaux files suit against ex-Saints team doctors Originally Posted by jeanpierre 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

09-27-2020, 01:43 PM	#5
jeanpierre Site Donor 2018 Join Date: Mar 2008 Location: Thibodaux Posts: 43,543 Blog Entries: 39	Re: USA Today Saints Wire \| Delvin Breaux files suit against ex-Saints team doctors Originally Posted by AsylumGuido 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...

09-27-2020, 02:32 PM	#6
AsylumGuido 10000 POST CLUB Join Date: Sep 2007 Location: Bossier City, LA Posts: 26,817	Re: USA Today Saints Wire \| Delvin Breaux files suit against ex-Saints team doctors Originally Posted by jeanpierre 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... I have a feeling you are a little personally invested into the whole affair. As I mentioned before, Breaux' legal team is going to have to show injury caused by malfeasance to have the case even advance to the discovery stage. I know and understand your frustration, but while you think I have my head up my arse you may need to pull yours out of the same orifice. The Saints have no "legal" liability here.

09-27-2020, 02:43 PM	#7
jeanpierre Site Donor 2018 Join Date: Mar 2008 Location: Thibodaux Posts: 43,543 Blog Entries: 39	Re: USA Today Saints Wire \| Delvin Breaux files suit against ex-Saints team doctors Originally Posted by AsylumGuido I have a feeling you are a little personally invested into the whole affair. As I mentioned before, Breaux' legal team is going to have to show injury caused by malfeasance to have the case even advance to the discovery stage. I know and understand your frustration, but while you think I have my head up my arse you may need to pull yours out of the same orifice. The Saints have no "legal" liability here. Have a feeling this is your fall back everytime I clearly demonstrate to the rational world you are wrong...

09-27-2020, 03:03 PM	#8
AsylumGuido 10000 POST CLUB Join Date: Sep 2007 Location: Bossier City, LA Posts: 26,817	Re: USA Today Saints Wire \| Delvin Breaux files suit against ex-Saints team doctors Originally Posted by jeanpierre Have a feeling this is your fall back everytime I clearly demonstrate to the rational world you are wrong... No. Let's wait and see. I am not wrong here. I would dare say I have the better insight into malpractice litigation in the state of Louisiana than anyone else that you know. The Saints have no liability in the situation. Oscshner and the doctors may if they caused physical injury through their actions. I know you want the Saints punished, but there has to be legal cause. I'm not saying that the Saints front office had no influence, but legally that has no bearing, JP. That is a fact. Sorry.