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Proacman
Proacman

Arrested for Car Accident caused by Siezure

I had a car accident in September. I saw a neurologist in NYC (Dr. Pacia) and after a 48hr EEG with sleep depravation (as I had been getting no sleep as my son was very ill) I was diagnosed with left temporal epilepsy. I was given Lamictal and have been siezure since. Now here is the kicker. The local police arrested me for reckless driving, and after being provided with my medical tests and diagnosis from my doctor replied - we don't belive epilepsy is real.

I am now facing the costs of going to trial. On top of that, my son's illness got worse during the fall and winter - he was in a wheel chair for 3 months (he is now getting better). Here is an article in a local paper about him.
http://www.lohud.com/article/20100130/ENTERTAINMENT/1300354/From-wheelchair-to-waltzing

If you want to help me, please write to the Westchester NY DA's office and tell them that epilepsy is real. Thanks, Ford Levy

Janet DiFiore
District Attorney
Westchester County District Attorneys Office
111 Dr. Martin Luther King Jr. Blvd.
White Plains, New York 10601
Via Fax @ 914-995-3363 

 

By Proacman at Mon, 03/01/2010 - 7:27am | 276 views | 6 comments

Recent Comments on this Discussion

I am very happy to know that luckily you are escaped from this accident and also your son is getting better now. Majority of the accidents occurring on roads are preventable, if only
people drive properly and according to the rules of traffic. In the last few years, rear end collisions have increased at an alarming
rate. This is called rubbernecking and take place when a driver over
reacts and applies brakes suddenly, and the cars coming from behind do
not get sufficient time to react and collide with the car. Maintaining
proper speed and flowing along with the traffic can be an easy solution
to this problem.

richar...

 

I will happily let them know it's real condition. I had gran mals, had right temporal surgery and went without seizures for 2 years. (I wouldn't let them do that type of surgery if it wasn't real.)

In Florida you do have to go without having seizures and then your doctor signing off on you. I was happy when I went 1 year without any seizures and received my liscense back. My surgery was a success! (Freedom again!) Out of the blue, I started having seizures again after 2 years. I had several wrecks and surrendered my liscense. They started testing AGAIN. (Didn't understand why seizures returned after 2 years.) Diagnosis after testing... Psychogenic seizures. (Conversion.) I re-did over night monitoring and I had a seizure on my left side now! Complex Partial Seizure diagnosis now. It is real, it can change just when you think it's under control. It is upsetting when you are labled due to seizures. There are more than one kind of seizure. Most individuals only accept the gran-mal. That's what is taught and showed to them most on t.v and even some of  the on job training. (I worked at a health club and I had to educate them. They would have not recognized some forms of seizures. They would have lost a finger and worse on their gran-mal "thinking" about what to do.) If possible get as many opinions medically. Multiple trained experts would hopefully make someone who's a none believer to stop and question their beliefs. 

abelle

If you would want to email me at curtis.wybourn@us.qbe.com I could give you the name of someone that may be able to assist you in this fight.

Hope to hear from you soon.

Curt

wyboemail

Hi Proacman,

It's great to hear that your son didn't let very severe complications from the swine flu stop his waltz performance in "Beauty and the Beast." Vigorously aiming for recovery can definitely help the mind play a strong role in healing, as Dr. Younger concedes.

I've been wondering about a strong current trend that appears to be spreading the notion that epilepsy as an actual impairment is seldom real. This trend seems to be growing toward a peak with the new DSM-5 debates and citations. One shocking reference used by the American Psychiatric Association in 2010 for modifying the criteria for "conversion disorder" (Justification of Criteria - Somatic Symptoms, DRAFT 1/29/10, Major change #4, p. 5) cited a reference that I haven't been able to verify in "Psychogenic nonepileptic seizures (PNES): a review and update" by Reuber M, Elger CE; Epilepsy and Behaviour 2003;4;205-16, that PNES as "functional symptoms" of non-epileptic attacks make....up to 50% of patients admitted to hospital in apparent status epilepticus." From: "FUNCTIONAL SYMPTOMS AND SIGNS IN NEUROLOGY: ASSESSMENT AND DIAGNOSIS" by J Stone, A Carson, M Sharpe, J Neurol Neurosurg Psychiatry 2005; 76(Suppl I):i2-i12.doi:10.1136/ jnnp.2004.061655, page i3, left column, near the bottom of the page.

Other very careless articles have used sloppy referenced percentages of "faked seizures," where going over their "expert" arguements, it would appear that out of every 100 people with epileptic seizures, more than 150 of them have "in truth" only non-epileptic attacks, which is blatant nonsense, but nobody in authority has raised much of a red-flag so far of the non-sense numbers or careless use of percentages to support invalid reasonings working their way into future usages with the DSM-V.

I had a mild version of Catch-22 with epilepsy and driving, as I decided not to drive, but the State Rehabilitation Department would not accept that as a justifiable limit without explicit medical proof. So they told me I had to drive whenever it was required, despite my "claim" of epilepsy.

With the ADA, many states have revamped their their laws that may involve disabilities like epilepsy, laws for everything from disorderly conduct, interferring with a police officer, disturbing the peace, and of course, careless and reckless driving. A few states have explicitly clarified that having epileptic events in itself is not a violation of the law, while a few extreme states still argue that epilepsy is protected from discrimination under the "innocent by reason of insanity" defense, which is an outrageous insult to everyone with epilepsy, since a very common and powerful prejudice is the assuming that anyone with epilepsy is necessarily insane.

I filed numerous discrimination complaints under the Rehabilitation Act and the ADA, and since I was the Plaintiff, the burden of proof was on me to establish a prima facia case for "my day in court" and a more complete discovery process. Reverse, with my being a defendant, protected by the ADA, the plaintiff would have the burden of disproving my evidence, and doing so with overwhelming evidence without incurring frivilous complaint penalties, but as, Ibid., Stone, page i8, writes "there are no clinical signs of non-epileptic attacks which NEVER occur in epilepsy, and apart from ictal electroencephalogram (EEG) abnomalities, there are no signs unique to epilepsy. For this reason, it is dangerous to use any of the listed signs in isolation to make a diagnosis" of no epilepsy.

Tadzio

3Hours...

Thank you so much for your comments.

 I would really appreciate it if you could share your information with our district attorney, Janet DiFiori, who as I have been told, is not a believer in epilepsy as a defense. Not only for my benefit, but for others with this condition.

 

Thanks,

Proacman aka Ford Levy

Proacman

Hi, I just came across your post. I'm sorry for all this trouble You have gone through. I can relate. I was first diagnosed with a seizure disorder after I had my first seizure while driving. I was cited by the city and had to pay for a tree I hit in the middle divide of the road I was on. My license was suspended for 6 months. Two years later, I was in another accident on the freeway. I had a seizure during the accident, but I did not cause the accident, according to witnesses. There were 4 other cars involved in the accident. Thankfully, nobody was seriously injured in this accident. My license was taken away after this. This was almost 6 1/2 years ago.

I would be happy to share my information with the district attorney.

CDJ

cdj

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