Michael Barisone/Lauren Kanarek Civil Suit

I think Seeker1 probably doesn’t think she owes you any details to satisfy your curiosity, given the nature of your posting about LK and her family.

Thanks.

It also goes to pain and suffering. And… long term limitations with respect to athletic ability. DIEP flap reconstruction involves a surgery that cuts abdominal muscles and significantly reduces abdominal strength. I had it… I still ride and can sit the trot… but it’s very different than it was pre-DIEP Flap. I also had reconstruction involving tissue expanders, before DIEP flap. One side failed… hence the extra reconstruction surgery later. Ugggh. Anyway… tissue expanders involve detaching the pectoralis major muscle from the chest wall, sliding the expanders in, then using surgical mesh to reattach the muscle to chest wall, but create a hammock underneath the medical device in the process. Then… over a period of multiple weeks, surgeons use a needle to fill the expanders via ports, and slowly stretch the pectoralis major muscles in the process. This creates space for an eventual implant. It is a very uncomfortable, multi step process. Some people suffer complications for a number of reasons. Eventually, once enough expansion has been achieved, another surgery is done, and the expanders are removed, and actual breast implants are placed where they used to be.

I have lasting weakness in my chest now, because of the way the surgery impacted my pectoral muscles. it definitely impacts my posture. I must use other muscles in a very deliberate way now to maintain a decent position when riding. I still manage to ride… and even jump… but again… it’s all different than it was before this surgery.

Anyways… if LK really did have a full mastectomy and some sort of reconstruction involving cutting into
major muscles… it will be relevant to her lawsuit. There are lasting impacts. Not to mention emotional pain and suffering from losing an actual breast. If, however, what we are actually talking about was an implant being damaged during the shooting, removed during the emergency surgery, and later replaced after a period of healing… that is a VERY different thing. LK would still have full strength with respect to her abdominal muscles, and not have the same weakness in her pectoralis major muscles as others who have tissue expander reconstruction deal with.

I’m not harping on this to minimize the fact that she was clearly shot and nearly died. But… the type of injuries and surgery involved? It will have different long term impacts on subsequent athletic capability.

17 Likes

She doesn’t owe me any details.

But… she made a claim. I, along with multiple other people, have challenged the claim.

She now has backed down.

If her daughter really lost a breast and went through a full reconstruction… no way would Seeker1 have backed down about her claim.

This is very basic.

If she doesn’t want people to say tough things about her and her family… then maybe they should stop routinely lying on social media. People tend to notice that sort of thing, and respond harshly.

27 Likes

Well, the sentence at issue could be read MB is not liable because he was incompetent at the time (and all the reasons why really do not matter) . There is legal support for not holding an insane person legally responsible in civil court, if intent was needed for the action and he could not form the necessary intent. However, the meaning of intent in the civil vs criminal context (if there is any difference), I find confusing.

3 Likes

I wonder if it will now become SOP in some trainer circles to run criminal background checks on prospective clients before taking them on? Maybe that’s the real reason behind KK’s claims that no reputable trainer would take LK on.

I found that choice of word interesting, and wonder if the reason LK didn’t move to the nearby trainer who did agree to take her is that she didn’t believe him to be “reputable.”

6 Likes

Two words: contributory negligence

27 Likes

Aren’t breast implants placed under the natural breast? How could two bullets go through the breast implant and into her lungs without going through and damaging the natural breast enough to require reconstruction?

VHM is “brave” to question Seeker about whether it was “just”
the implant or the natural breast that was removed? This is a matter of curiosity to one of LKs anonymous harassers, and VHM expects to get the exact, rather personal details from LKs mother?

2 Likes

In case you wondered, I totally get what you are trying to say. You are very clearly explaining it. Anyone who wants to understand what you have explained, more than once, can understand it.

22 Likes

I think she probably stopped responding to you out of disgust.

1 Like

Something you should be quite familiar with.

31 Likes

I agree with you that Deininger was arguing as a defense that MB was not liable because he was not mentally competent at the time.

I did not see a claim that LK “caused” his insanity.

Of course bullets could have gone through her breast, then implant and into her lungs.

That would create a wound. Which might eventually heal, with a scar.

That is different than actually removing the entire breast.

Do you think it’s accurate and honest to conflate those two very different things? Removal of a breast is an amputation of part of the body. It either happened… or it didn’t.

20 Likes

Question: How do you know what the jury deliberated about???

Answer: You don’t!!!

25 Likes

I think she was called out on a lie, she knew it, and so she chose to stop engaging and moved on to different lines of argument, and decided to pretend she didn’t lie.

You know what I find interesting? How determined you are to defend and make excuses for a liar. That’s an interesting personal choice.

To each their own.

20 Likes

You seem to have missed the fact that @Seeker1 produced the supposed fact that LK had a breast removed, otherwise known as a mastectomy. The surgeon did not testify to this in court.

If this is an intentional misrepresentation on the part of @Seeker1, as an attempt to gain empathy for LK, it is disgusting and will never help LK. It is disrespectful to the many who have has mastectomies and suffered through that as well as other treatments for cancer.

Mastectomy in no way equals ruptured breast implant!

29 Likes

Yeah, I do, based on the flow chart provided in Taylor’s instructions to the jury.

The deliberations before the jury asked to hear the psychiatric testimony replayed was on the issue of actus reus. The deliberations after were on the issue of insanity.

1 Like

Oh happy day. We are back to this whole tired line of argument.

19 Likes

@Virginia_Horse_Mom is brave to recount her experience with total breast reconstruction and explain in detail the difference between elective breast augmentation and rebuilding after an amputation. I never said anything about her questioning @Seeker1 - that is ALL YOU.

Maybe Seeker shouldn’t make audacious and fake claims here if she does not expect to be questioned on them? Since you bring up VHM’s line of questioning, I feel that it was done in good faith to try to understand what Seeker was trying to say - even giving Seeker the benefit of the doubt.

You are picking a wierd battle here. Its clear that your medical experience is on par with your legal experience.

35 Likes

So then your statement meant nothing.

Got it.

12 Likes

Thank you! You have said this much better than I did.

7 Likes