Formerly a University Construction Manager
By way of background, the attorneys reported, “As a project manager in the University of California-San Francisco's construction department, Ms. Johnson bought into a group plan providing coverage for income replacement if she became unable to work. In May 1995, Ms. Johnson was diagnosed with Lupus, Fibromyalgia Syndrome, Chronic Fatigue Syndrome, and Antiphospholipid Antibody Syndrome, and had to stop working. "After approximately five years of paying benefits [at half her income before she stopped working], Prudential terminated Ms. Johnson's benefits. Two internal appeals were denied, and Ms. Johnson had to file suit to correct the wrongful termination of her policy benefits.” Prudential maintained that the termination decision was proper, because Ms. Johnson was not able to provide sufficient objective evidence to substantiate her disability.
By way of background, the attorneys reported, “As a project manager in the University of California-San Francisco's construction department, Ms. Johnson bought into a group plan providing coverage for income replacement if she became unable to work. In May 1995, Ms. Johnson was diagnosed with Lupus, Fibromyalgia Syndrome, Chronic Fatigue Syndrome, and Antiphospholipid Antibody Syndrome, and had to stop working. "After approximately five years of paying benefits [at half her income before she stopped working], Prudential terminated Ms. Johnson's benefits. Two internal appeals were denied, and Ms. Johnson had to file suit to correct the wrongful termination of her policy benefits.” Prudential maintained that the termination decision was proper, because Ms. Johnson was not able to provide sufficient objective evidence to substantiate her disability.
Landmark Victory for Victims of Such Illnesses
Before the decision to halt payments, Prudential sent Ms. Johnson to a physician for “an independent medical exam,” which resulted in a report indicating she was not disabled, according to coverage of the case in the March 10, 2007 issue of the San Diego Union-Tribune. An expert for the defense testified that the insurer had begun to require “more stringent objective evidence to support disability claims, such as X-rays and blood tests,” the Union-Tribune article stated. But Ms. Johnson’s case involved “a perfunctory exam” and “a perfunctory report,” Charles Moore, one of her attorneys, reportedly charged. “He was paid to find she wasn’t disabled.” “This case is a landmark victory for anyone with Lupus, Fibromyalgia Syndrome, Chronic Fatigue Syndrome, or other illness or syndrome for which there is limited objective medical evidence,” Moore stated. Admittedly, the award for punitive damages that the jury called for is huge, and there’s some debate as to whether it is within legal limits. Prudential plans to appeal. But the bigger questions are whether Ms. Johnson will actually receive some of this compensation – and if so, when? It could take three years for her to receive any money, comments her lead defense attorney, Sean Simpson.
Before the decision to halt payments, Prudential sent Ms. Johnson to a physician for “an independent medical exam,” which resulted in a report indicating she was not disabled, according to coverage of the case in the March 10, 2007 issue of the San Diego Union-Tribune. An expert for the defense testified that the insurer had begun to require “more stringent objective evidence to support disability claims, such as X-rays and blood tests,” the Union-Tribune article stated. But Ms. Johnson’s case involved “a perfunctory exam” and “a perfunctory report,” Charles Moore, one of her attorneys, reportedly charged. “He was paid to find she wasn’t disabled.” “This case is a landmark victory for anyone with Lupus, Fibromyalgia Syndrome, Chronic Fatigue Syndrome, or other illness or syndrome for which there is limited objective medical evidence,” Moore stated. Admittedly, the award for punitive damages that the jury called for is huge, and there’s some debate as to whether it is within legal limits. Prudential plans to appeal. But the bigger questions are whether Ms. Johnson will actually receive some of this compensation – and if so, when? It could take three years for her to receive any money, comments her lead defense attorney, Sean Simpson.
3. FATIGUE RELIEF
PLUS
From a
reader--
"I started Fatigue Relief Plus, by Natural Wellness. It is
a combination of NT Factor with Silymarin Phytosome. It has
lifted me
out of that "dying fatigue" stage and back into the still severe but more manageable fatigue. I can move around the house again, and talk
and so a little work on the computer. I am going to try and go out a little bit and see what happens. It didn't help me in the past, but this time has been a lifesaver. I noticed a change from the supplement with one day."
out of that "dying fatigue" stage and back into the still severe but more manageable fatigue. I can move around the house again, and talk
and so a little work on the computer. I am going to try and go out a little bit and see what happens. It didn't help me in the past, but this time has been a lifesaver. I noticed a change from the supplement with one day."
4. SLEEPING
ALONE
"All my
problems started many years ago when I got married and started sleeping with
him, which started the poor sleep cycle. I wonder if I would have stayed
sleeping alone if all this would have never happened? Did your symptoms
begin with bad sleep?"
[Comments, anyone? My
FMS/CFIDS began with insomnia also - see my story at www.fms-help.com/insomnia.htm.]
5. TIRED &
WIRED
[revisited from
www.fms-help.com/032707.htm, Topic #6 - reader taking Levaquin]
Reader 1--
"Tell the doctor to go take a flying leap
off a short pier ASAP. 3 years ago now I was put on
Levaquin for a sinus infection I just couldn't
shake. I ended up with asthmatic bronchitis from all the
'drainage'. Even with the Levaquin and cough medicine
with codeine I was constantly coughing and wheezing and the doctor just
listened to my lungs and said 'this is normal, here have a prescription for
guafenisen'. Well, I ended up in the emergency
room after coughing all the way from a family gathering in CT to our
home in NJ (a 3 hour trip) and even with enough asthma medicine in me that I
couldn't stop twitching I was still coughing. It took a round of
Cipro and steroids to finally do the infection in.
A few months back I started to get another
infection and I let the doctor (a different one needless to say) talk
me into a round of antibiotics that again didn't work. I went back and
told them that I needed the same treatment that finally worked last time because
I didn't need to lose a month of my life to being sick again. Fortunately
this doctor listens and the treatment worked. But again, don't listen to
the BS of 'that's just drainage' - that it may be, but feeling
sicker is not the result you want!"
Reader
2--
"See http://www.drugs.com/Levaquin/index.html
and http://www.levaquin.com/ - Not
knowing what this reading is on Levaquin for, I am going to assume she has the
flu, and that is why she is feeling still sick with the meds. She can read
the two articles that are on these links. She needs to drink as
much water as possible when taking this drug. One thing we all need to
learn is to ask Drs and the folks at the drug store, how to take any types of
meds, if one starts breaking out in a rash, stop the drugs right away. I
can not figure out whether the pills are making her sick, or is she is really
sick with a cold, or what she has. When we are sick with a cold, we do all
of the same thing she describes. It would be interesting to have more
information on what is wrong with her."
6. FIBRO & CFIDS
SELF-HELP COURSE
From a
reader--
"This is a terrific course, probably the best I've
found, based on sound principles and the actual experience of a
PWC/F. The courses are inexpensive, and
scholarships are available. After you take the initial
course, you are offered a free online target-setting group, which I am finding
indispensable! Check out the course here: http://www.cfidsselfhelp.org/course.htm.
The book (link below), which offers: "Practical strategies you can
use to take charge of your condition. Includes information on treatment
options and techniques for controlling stress, managing emotions, exercising
safely, building support and more," is well worth the price, also
inexpensive. CDs of the Self- Help Course are also available,
although I would recommend taking the course online with the book first,
because you get to meet people who are going through the same things as you-
it's very validating and supportive! (BTW, I'm not making any money for
saying this-- these are my opinions... I'm not connected with the
author in any way except as a grateful
participant!). Well worth looking into!
7. WORK FROM HOME MAY REALLY
BE POSSIBLE!
For all of us fibromites who need to be able to work from
home, check out this link from guru.com - http://www.guru.com/category.cfm/1300 (administrative and word processing jobs) and also this link
(about how pros get work through guru.com) - http://www.guru.com/pro/professionals.cfm. Let me know if any of you find jobs through this
service! This link has the list of job categories and it's where you
post your profile: http://www.guru.com/pro/post_profile.cfm.
8. DR. CHENEY - VIDEO
ABOUT HEART FAILURE AND CFS
From a reader (see video link at
end)--
"I can't wait to share some important information with
you. You need to set aside 3 hours to look at this video of Dr. Paul
Cheney. He has been researching CFS for years. He found the answer as
to why we are so fatigued. What
we are suffering from is something called Diastolic
Cardiomyopathy. I will try to explain it in layman's terms:
When the heart pumps it basically squeezes and
releases. In CFS our heart squeezes but it does not fill and therefore does not
release or contract like it should. It had to work twice as hard to relax
and in the process our hearts become enlarged. Because of this process there is little oxygen going to the
brain or to our bodies. Thus creating Brain Fog, short term memory,
intolerance to extreme cold or heat and also smells.
A normal EKG will not show this nor do
any of the heart doctors know much about this, therefore the heart tests
come back 'normal.'
There is a machine called the VIVID 7 which will read the
hearts diastolic pressers. This is why we have no energy because we have a
short supply of oxygen. It makes all the sense in the world to me. This is one time it all makes sense and the missing puzzle piece
fits. There is no cure for it but there are ways
to make your environment better for breathing. There are Magnesium Chloride injections, Pig Heart supplements and also a recipe to
drink at home that is easy to make. I think once you see
this and write down the facts you will say to yourself "why didn't I think
of that". I have been complaining about my heart for the past 4 years that
it seemed heavy, now I know why. It is enlarged. Do yourself a favor and take the time to view this video: http://www.cfids-cab.org/MESA/CFS_Dist.htm."
9. FMS/CFIDS PATIENT FINISHED
COLLEGE & OFFERS ADVICE
Got this from Carrie Trecker
Frecker777@aol.com
--
"Just wanted to let you know I was able to finish college with
CFIDS (though very slowly) and would be
happy to talk with your reader who was looking for advice. Feel free to
give my email. Thanks! Cheers, Carrie Trecker"
[I got
permission from Carrie to put this in the newsletter, in case there are others
who need some encouragement and advice on this subject. I have heard from
a number of people lately who have been unable to finish college studies because
of FMS/CFIDS. Carrie may have some helpful
suggestions.]
10.
CO-Q-10
Maybe we should
all be taking this--
Valuable nourishment for heart health - A key nutrient for
cellular energy production - Coenzyme Q10 (CoQ10), also known as ubiquinone, is
absolutely vital to good health. It is integrally involved in the production of
adenosine triphosphate (ATP), the primary source of energy at the cellular
level. [Co-Q-10 is in my 100 Tips for Coping with
Fibromyalgia and Insomnia http://www.fms-help.com/tips3.htm#37 where
I write: "In the popular book 'From Fatigued to Fantastic,' Jacob Teitelbaum,
M.D. discusses Coenzyme Q10, which is essential in the energy cycle because of
its effect on the mitochondria. People with FMS/CFIDS have dysfunction in the
mitochondria of their cells and without CoQ10, your cells cease to produce
energy. They deteriorate and even die. Coenzyme Q10 is believed to boost the
immune system, supply the body with energy and counteract free radical
damage.]
11. BEDS &
TRAVEL
From a
reader--
"I ended up with a Select
Comfort air bed. At least i can make it really soft and I put a
foam pad on top of their pillow top to give the final cush I need for the
pressure points. I went through a lot of beds too.
Traveling is always tough because the beds are sooo hard, I
take my foam pad with me."
12. GLYCONUTRIENTS - PROS AND
CONS
Reader 1: D-Ribose helps fibro
problems
"The entry in the newsletter www.fms-help.com/032707.htm about a
polysaccaride (sp?) deficiency in FMS goes along very smoothly with what Dr.
Jacob Teitlebaum has been finding. In fact, he recently completed a study
into D-ribose, an essential sugar that makes up RNA and is involved in every
system and cell in the body. What he had found with FMS was that people
were deficient in D-ribose and their muscles contracted (shortened) just like a
dead persons's does when rigor mortis sets in. This in turn pulls on the
tendons and causes the "tender points" associated with FMS. By
supplementing with D-ribose, the muscles get the energy they need in order to
relax and the pain goes away. I haven't seen the paper from the recent
study, but I know he had reported excellent results with D-ribose and, after
having heard him lecture last Aug, I began taking D-ribose with excellent
results as well. In fact, if the FMS is acting up, I take D-ribose and
within 20-30 mins the pain is gone as if it was never there, and if my shoulders
had crept up around my ears as it were, they have relaxed down to their normal
position. I've found it often helps IBS and bladder spasms as well.
It's definitely worth a try."
Reader 2: No evidence of
glyconutrients helping
"I think you should read these articles. This is not a true product
that contains true benefits. I would appreciate you placing links of
these articles on your web site. People shouldn't spend their money on
products that are not proven.
http://www.raysahelian.com/glyconutrients.html
Reader 3: aloe vera is
better
"About item 3 www.fms-help.com/032707.htm and
Gunter Blobel Nobel prize, the writer is inaccurate. Gunter won the
Nobel prize not for discovery of Glyconutrients signaling but Proteins
signaling ability. Proteins and sugars are not the same. Here is one
link showing that--
http://nobelprize.org/nobel_prizes/medicine/laureates/1999/ You can also find other sources, like Wikipedia.
I don't mean to discourage you, but I used
Swanson products for a few years and did not get the results from
them. May be this product is OK. Frankly drinking or eating enough Aloe Vera Gel (a
good brand is Nature's Way, is very reasonably priced) will give you
those 8 sugars because that is where they get it
from. Additionally, aloe vera has a soothing and detoxifying
effect on the entire intestines and alleviates constipation
too."
Reader 4: Tried glyconutrients -
helped for awhile
"I
tried the glyconutrients from Mannatech under the advice of my physician,
believe it or not. She is very open-minded to alternative medicine like
massage and spiritual counselling. The glyconutrients worked wonders for a
while. Yes, I slept through the night a few times without taking any sleep
med's. Something I had not done in years. My energy improved
somewhat now that I was actually sleeping on my own. My eyebrows started growing
back and I became itchy in the thyroid area. Was this a hint? After a
while, all of the benefits subsided. But I began to question the
possibility of low thyroid. It was the first thing my doctors suspected
when they heard my symptoms, but all of my bloodwork always came back
normal. I read a book called Thyroid Power, and continued pressing on
until I found a doctor who immediately diagnosed me with low thyroid based on my
symptoms. He said that most people in this country are low thyroid, but
are not being treated because the blood tests do not reveal the efficiency of
the thyroid, only when it is diseased. I started taking natural thyroid
supplements 2 weeks ago and will let you know if I show any progress. My
doctor told me that the glyconutrients are very good at healing scars, so I
asked my daughter to try them, since she is quite scarred from an auto accident
7 years ago. After all this time, these nutrients minimized the appearance
of her scars. They are less noticeable, blending more with her own skin
color and are not as itchy. AFter a while, she also felt they were
finished doing their magic and she stopped taking them. I plan on
waiting a while and giving glyconutrients another try again after I find
out if the thyroid med's will do any good. I think it is true that it is
something that we all need, and I find it interesting that they affect people
differently depending on what their needs are. Would be interested in hearing
other people's experiences with these. Thanks for keeping us all
informed. Like most people with CFS/FM, I continue to remain optimistic in spite
of the daily battle, and as soon as I find something helpful, I will be
quite anxious to share."
13. SOME DOCTORS,
FRIENDS, RELATIVES DISMISS SICKNESS
From a
reader--
"Fibromyalgia story has made the front page
news. Long great article at http://www.theledger.com/apps/pbcs.dll/article?AID=/20070402/NEWS/704020367&SearchID=73276974005124. Please ask every one to thank
Gary White for writing such great stories and raising awarenes. E-mail or
leave a message: gary.white@theledger.com Phone 1-863-802-7518. I live in Kentucky
and found out about it on a firomyalgia suport group."
Gary White for writing such great stories and raising awarenes. E-mail or
leave a message: gary.white@theledger.com Phone 1-863-802-7518. I live in Kentucky
and found out about it on a firomyalgia suport group."
[Speaking of awareness, Fibromyalgia
Awareness Day is May 12. We can all do something to increase awareness of
our illness - send an informative email, write a letter to the media,
etc. For ideas of what we did for the Million Letter Campaign in 2005, see
www.fms-help.com/letter.htm.]
14. NIGHT
SCENE
Something funny
happened last week. I had printed out an interesting 20 page
article sent in by a reader. Well, it was about midnight.
I had taken ambien (my sleep med) and was reading the article in bed,
carefully marking places with my fluorescent yellow highlighter, pondering
insights and eating crackers. I must have suddenly fallen asleep,
because the next thing I knew, I woke up and it was 4 a.m.! The light
was still on over the bed, crackers were everywhere and my
nightgown had a huge fluorescent yellow stain where
the highlighter had landed when I fell asleep. I still had my
glasses on. OH, HOO HOO HA HA!!!!! Once I got over the shock,
I just cracked up!! The more I think of it, the more
hilarious it gets. I must have a weird sense of humor. (Usually
ambien doesn't work that fast for me. And please don't worry....I take
only 1/2 of a 10 mg tablet - if I ever took the recommended dose, I might have
an even stranger story to tell - like the lady on the news recently who didn't
remember driving her car in the middle of the night. If you want to
compare sleep meds, here's a list of things I've tried for my sleep disorder www.fms-help.com/sleep.htm -
and my life-wrecking insomnia story is at www.fms-help.com/insomnia.htm.)
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DISCLAIMER: I am not a medical doctor. I
am a fibromyalgia/chronic fatigue syndrome survivor. The purpose of this website
is not to diagnose or cure any disease or malady, but is presented as food for
thought. This information cannot take the place of professional medical
advice. Any attempt to diagnose and treat an illness should come under the
direction of a physician. No guarantees are made regarding any of the
information in this website.