This notation is written to outline the series of events which led to their present situation and subsequent request for Loss Mitigation Assistance.
An April 18th, 2004, Bernardino was struck by another motorist in a direct motor vehicle collision. The other driver was late for work, speeding an excess of limit, and openly admitted running the red light facing him. Unfortunately for them, this person was unable to provide a driver’s license, proof of insurance, or even a social security number. He was issued several tickets at the accident scene and was allowed to go by the Houston Police Department.
Bernardino was cut out of his vehicle, back boarded and collared by the paramedics of the Houston Fire Department. He was transported to the Methodist Hospital Emergency Department where Erwina is employed as an RN. After extensive x-rays, CAT scans, and close physical examination by the emergency room doctor. Bernardino was released with the diagnosis of multiple contusions, bruises, but no broken bones or extensive injuries. Both the police and the paramedics interviewed Bernardino while in the ER. They were given the news that the other driver was injury free but unable to provide legal documents to support himself. They were advised to retain the services of an attorney.
An April 19th, 2004, they visited the holding area of the towing company that secured the accident scene. State Farm adjusters were already there and proceeded to declare the vehicle, a brand-new 2004 Chevy Tahoe, a “ total loss. ” They were advised to see Attorney DeSimone by the owner of the wrecking service in order to facilitate the paperwork with the insurance company involved. They retained the services of said law firm on the same day.
On April 20th, 2004, Bernardino was referred to Doctor S. Pagano for management of symptoms resulting from the accident. Doctor Pagano is a chiropractor and proceeded to provide care in the form of adjustments to Bernardino’s neck and back. After three weeks of therapy, Bernardino was cleared to return to work. Bernardino then informed Doctor Pagano that he would discontinue visits since he was fit to return to work. The final adjustment resulted in immediate pain and tingling to Bernardino’s left side.
After several days of pain and gradual numbness, Bernardino returned to Doctor Pagano’s clinic. Doctor Pagano ordered a CAT scan of the head and neck to search for injuries. The results were forwarded to his office and the clinic visits continued until the end of May. By June, Bernardino’s symptoms were worsening. He developed intense headaches, blurred vision, trouble walking, and distinctive weakness to his left arm and left leg. Doctor Pagano’s services were discontinued after several sessions where Bernardino constantly informed him of worsening symptoms and growing anxiety that more harm was occurring rather than good. Bernardino was put on short term disability leave by his employer, the Methodist Hospital.
Between June and July 2004, Bernardino was admitted several times for neurological problems stemming from symptoms related to continuous complaints post chiropractic therapy. The Methodist Hospital was unable to pinpoint the cause of worsening condition despite several CAT scans and MRI. By mid-July, 2004, Bernardino was unable to walk without assistance, drive a vehicle, sit/stand/lie down for more than five minutes, continuous headaches and numbness and weakness to bilateral extremities. A myelogram was done at the insistence of Erwina since CT/MRI results were negative. The myelogram showed fractures in C3-C4 of the spine. Bernardino underwent decompression and fusion of the C-spine on July the 19th, 2004.
By September 2004, Bernardino was terminated from his position with the hospital and was given long-term disability status. His ability to earn was reduced to an income of $1134.25 a month. Erwina continues to work as an RN in order to provide for the family. State Farm insurance was unable to pursue the other driver for damages. The other driver failed to appear in court to address the citations in which he was charged with. It is unknown if this individual is still in the United States. Bernardino severed his relationship with the DeSimone Law Firm and hired the Matthews Law Firm to represent his case against Dr. Pagano for chiropractic malpractice. Litigation is pending as of July 2005.
Bernardino and Erwina continue to reside in their home located at 8503 Rigby Court, Humble, TX. They have four children: Xianelle- age 13, Xiarhina- age 10, Xiarissa- age 7, and Marcus- age 5. The children reside in the same home and attend local public schools. The family has the use of one vehicle for transportation to work/school. Due to Bernardino’s continuing disability and frequent hospitalizations, the family continues to experience financial hardship. The family has recently been granted permanent residency status as of January 2005 and is therefore ineligible to receive social security assistance for dependence. Erwina’s income remains the sole source of financial stability for the family. Her income is affected by frequent leaves taken in order to care for the children and Bernardino during his many hospital admissions. Recent cutbacks to overtime shifts at the hospital has led to further reductions in income earned. Furthermore, Bernardino and Erwina have no family support in the United States.
In conclusion, Bernardino continues to hold disability status and Erwina is currently seeking a second, full-time job in order to supplement finances. They have applied for disability status for homestead tax assessment purposes. They are requesting a stay of foreclosure and wish to enter into an agreement with Waterfield Mortgages to reduce the monthly payment and to extend the length of time the mortgage is contracted for. They are in the process of debt consolidation and review by attorney for possible bankruptcy. It is their hope to remain in their home if possible as poor credit standings indicate low probability for re-location to another house/apartment. They have consulted several real estate firms in Houston and were told market value of home would not be met due to surplus of homes for sale in the immediate vicinity. It is understood the equity in the present home is limited, however Bernardino and Erwina feel all avenues of relief have been explored, and therefore request any assistance in saving their home.
