Tuesday, June 14, 2011

AstraZeneca Seroquel Litigation - is the civil settlement real or just another rip off

AstraZeneca Seroquel Litigation - is the civil settlement real or just another rip off

 So what exactly happens when a corporation such as AstraZeneca markets a drug such as seroquel that harms or kills many thousands of patients? We know the Federal Government and the States go after their money: which gets spun out in some juicy headlines with seemingly large dollar fines for the mass media and public to grovel over & digest. You may even read where a whistle-blower or two receive millions from those deals. 


Yet for those unfortunate victims who are actually injured or killed by these corporate actions and product! Just maybe if the hidden evidence or corporate wrong doings can be brought to light; a small percentage of those injured parties will seek legal representation and some justice (compensation) through the civil courts.


What really happens? 


It appears there are many pharmaceutical product liability law firms casting a broad net across America (Developing an inventory) stock piling thousands of cases under the rouse that those victims will receive individual representation serving the injured parties best interest (tort litigation); only to find out later that injured parties end up to be nothing much more than a case number and bargaining chip for these laws firms to cash in (take into secret settlement negotiations) for huge profitable recovery settlements that serve the law firms interest and not the best interest of their individual clients. 


We are now learning that the vast majority of these firms never intended to take cases to trial or vigorously represent their clients best interest. What they did do, is sign off on settlements that are broad sweeping, don't address injured party loss or future medical needs & were all inclusive without taking into consideration the differences in individual cases or do they even thoroughly investigate details of injuries/circumstances for each client they represent. 


In fact these settlement deals are designed to be a take it or leave it promotion that will in fact leave many of the most viable cases being pushed to the curb without further legal representation. We are now learning the tactics used by these law firms in settlement mediation are questionable agreements to aggressively promote the settlement whether it’s in the best interest of the injured parties or not.  


In fact it appears to be written directly into these secret backroom dealings. It appears that under the rouse of Tort litigation (individual Representation for the injured party), client’s actuality become victims of a class action settlement proceeding by proxy without their consent.


This works out just great for the many plaintiffs’ law firms involved; since they are reaping a large percentage of each individual final settlement agreement sum (millions of dollars for the law firms, maybe a poultry few thousand dollars to the injured party).

It really turns out to be nothing more than a pay off numbers (Shell) game many of these law firms are operating under the costumed veil sham of individual legal representation.


So instead of actually serving their clients best interest or preparing individual cases for trial; Plaintiff law firms lock themselves into mediation conferences to arrive at the highest settlement sum that serves their best interest. These law firms then wash all remnants of this particular drug litigation from their web sites/client advertising promotions, dump any client/injured party that doesn’t go along with their legal scam, and then move on to the next drug settlement payday.



This is not what injured parties deserve or should reasonably expect from their legal representation. It’s a crime & shameful enough that so many innocent individuals were victims of pharmaceutical corporate greed and malfeasance: but to be now victimized yet again by those that have a moral, legal, and ethical obligation to represent their best interest is just absolutely unconscionable and the worst kind reprehensible insult imaginable. 


This blog was created to change/challenge this corrupted system, to give you the citizen a voice, a place to speak out, somewhere to gather the truth, to present the evidence, to share your story, and a place to represent much needed change.


If there was ever a time in our history to stand up for what is right and the principles of justice; it is now.


For more thought provoking commentary and reading:

Seroquel Lawsuit - Are Plaintiff Law Firms working in their clients (injured parties) best interest or just their own?


Here is a recent example from soulful sepulcher blog highlighted below involving youhavealawyer aka Saiontz & Kirk, P.A.  Who in turn farmed out those Seroquel Litigation cases to miller firm llc.

We can only begin to mull over and interpret what information/misinformation the injured parties are actually receiving (or are not receiving) from their supposed legal representation firms.

Legal Malpractice? Scamming Seroquel victims without intent to represent in court: Miller Firm 

Source: anonymous Seroquel lawsuit victim/plaintiff Exclusive

This post will be updated as my source reveals more information from the conversation via telephone with the Miller Firm.

Backstory: The plaintiff hired the firm in the above letter, that firm turned around without approval/consultation and gave the case to the Miller Firm.


Plaintiff received return phone call from Miller Firm after repeated attempts to contact re the packet delivering settlement information, per the lawsuit against AstraZeneca that according to Bloomberg was settled in August 2010. To this date there are no plaintiffs who have received settlements from the Miller Firm who claim to represent 630 clients.

The Miller Firm representative told my source they have no intent on going to trial with any cases, and in fact believe their cases are not worthy of a lawsuit. The only option will be for the clients to accept the offer of approximately $12,000 before taxes and lawyer fees removed. If the client refuses the offer of the settlement they are not going to continue to represent the client, the cases are and will be closed.

The hold up according to the rep at the Miller Firm is waiting for the Government to waive the Medicaid/Medicare cases.


1. Why is another firm (Garrison Firm)in charge of the packets and asking for Goverment waiver of Medicaid/Medicare?

2. Is AstraZeneca going to pay the victims or is the U.S taxpayer?

3. How many victims of Miller Firm 630 clients are Medicaid/Medicare clients?

4. Why did the Miller Firm tell my source they do not want any personal case information?

5. Is this legal malpractice? Never having intent on representing clients in court/trial? Never reading any client information on how the drug injury happened?

THESE ARE NOT VICTIMLESS CRIMES there is a great injustice happening to people injured by Seroquel and now finding out that their lawyers are not going to help them settle with any trial or information of their case. How can they choose a settlement offer if they never had client information?
**Update: evening 4-26-11 email from anonymous plaintiff source
"Many more questions than answers!

This again is not passing the logic, smell, or ethics test.

These backroom deals made in secret are certainly not any form of justice; taken in even the most liberal context.

Why would medicare/medicaid give a reimbursement waiver….isn't that like saying government is going to cover the cost of treating victims of AstraZeneca's wrong doing? In fact, why isn't the government taking legal action to cover the insurmountable cost of treating those harmed by AstraZeneca's Seroquel?

If these cases were/are without merit, why did these firms agree & advertise to represent those individuals injured by Seroquel?

Why were plaintiffs not kept up to date or made aware of what these settlement negotiations entailed?

Why did plaintiff attorneys with supposedly an ethical & professional obligation to their clients’ best interest not want information & facts that were pertinent to individual cases? 630 cases settling for an estimated guess of $12,000 per case...law firm gets a tad over three million, and those injured by Seroquel 5 to 7 thousand dollars for a life time affliction caused by Seroquel.
(That’s if government decides to grant a reimbursement waiver!).
Do the math yourself...what is the cost of treating diabetes and like conditions for a single year? Then figure out the cost down the road when more serious health issues come into play?
This doesn't even take into consideration the pain, suffering, loss of income & quality of life many injured by Seroquel have and continue to endure daily. Who is going to pay for the continued health care over the many years to come? Not AstraZeneca, not these law firms pocketing millions; it's the tax payer & victimized individuals once again that will foot the bill.
How about those victims that weren't using medicare/medicaid?
We see endless headlines about huge pay outs to Government for these pharmaceutical corporate crimes...but the facts are that those injured & victims of these crimes are left to fend for themselves. Government goes after their piece of the pie. States get their slice. Lawyers get a nice huge heaping slice of pie w/ ice cream on top...doctors get pie served to them. AstraZeneca & alike continue getting all the pie they want including ownership of the bakery.
Victims of the crimes get to continue being victims...that's what are government, lawyers, and the courts call justice in America.
What ever happened to the treasured American concept of receiving your day in court before a jury of your peers; deciding upon the delicate & imperfect scales of justice the merits & outcome for these cases? I'm guessing a billion dollar legal team with an endless/bottomless well of political influence contributions buys something far more than mere justice now a days."
What can be gleaned from this latest news?
It appears all settlements claims have been centralized with Garrison Firm (Special Court Appointed Master?) for determination of settlement amount & packet distribution.

No offers are going out until the medicare/medicaid issues are resolved, whether or not you as a plaintiff used either of those services.

No individual information or particulars besides the use of Seroquel and having diabetes or related condition was used in the settlement negotiations.

That’s means whether you were prescribed Seroquel off label, for sleep, anxiety, depression, were force treated in an institutional setting, or for any other reason off label or approved use it makes no difference.

From statements made from this law firm’s representative, the law firms that have signed on to this settlement offer do not believe anyone they represent has a case worthy of going to trial. This means this was a quick settlement money grab & not a true legal representation. One would wonder why they took these cases in the first place.

They are sounding little different than AstraZeneca Lawyers. The only ones that are going to get a fair shake & a substantial amount of compensation from this litigation are the lawyers. That is cold reality at this juncture.

Do plaintiffs have a case for refusing this settlement and pursuing possible legal malpractice claims?

Absolutely, it will take time & effort, but Yes! Remember, this is not a class action suit. It is a tort litigation where each case and individual should receive prudent and diligent representation which appears to not have happened in many (if not all) the cases in this settlement."

Tuesday, April 19, 2011

Seroquel diabetes lawsuit settlement: Plaintiffs have not received settlement or information packets from Miller Firm

The Miller Firm was given plaintiff cases from the firm Saiontz and Kirk. When the plaintiff telephones Saiontz and Kirk that firm turns around and phones Miller Firm for updates, because NO ONE has any answers on what the settlement offer is for the clients or where the packets are--the information packets were promised via letter to my anonymous plaintiff to arrive "in the next three weeks".
It has now been 6 weeks and no information packet regarding the AstraZeneca Seroquel diabetes settlement has arrived.

March 7, 2011

Saiontz and Kirk

..."it is our understanding that values on client's cases have not been fully determined at this time and that a settlement packet, which will include the amount of the offer, will be sent to you, hopefully, in the next three weeks."
The Miller Firm, which apparently settled with AstraZeneca on behalf of clients refuses to speak about the cases, and if one telephones them to inquire, all you are given is a voice recording telling clients not to call.
Ask for the Seroquel lawsuit 'recording' (703) 519-8080
Perhaps Bloomberg reporters which reported the news without names, and apparent insider "facts" on how the lawsuit was settled, should phone Miller Firm and ask them where the client packets are, or how much monetary settlement each client will receive. Ask HOW Miller Firm can deduct how much one client receives vs. the other, when in fact the Miller Firm has never interviewed my anonymous client/plaintiff, ever.

Thursday, March 10, 2011

AstraZeneca Seroquel diabetes lawsuit victim receives letter: cases are not closed, this is not over

The law firm Saiontz and Kirk handed over their lawsuits to the Miller Firm without the consent of the anonymous plaintiff that received this letter. *(victim was prescribed antipsychotic Seroquel off-label use)
After an enormous self-advocating effort by the plaintiff, and many phone calls inquiring of the status of the plaintiff's case this letter has surfaced.
Victims should not have to do the footwork and constantly persist to find out information lawyers who represent them should be giving them.
These 2 law firms have done nothing to keep in contact with this plaintiff, and when telephoned have answered questions as if they were completely clueless as to the happenings of the Seroquel litigation.
In fact, the Miller Firm goes down as the best answer yet: "When you find out more call us". They had not even heard of the settlement last August 2010, as read about in Bloomberg.
My anonymous source took it straight back to the attained legal counsel that began in the Spring of 2008; and demanded that the firm (on the letter head and authors of this letter) find out what was going on with the cases and to contact the Miller Firm who they had passed the case.
This has taken months of persistent self-advocacy,(entering into years) and it is something injured clients should not have to do. This plaintiff calls and asks and demands answers and after all of that...here's what the person received via letter on March 10, 2011.

♦No definitive answer of the dollar amount of the settlement and a vague promise of "3 weeks" to hopefully hear from the Miller Firm about the AstraZeneca settlement.

My source will seek counsel for a jury trial if the dollar amount is not acceptable for the lifetime disease/damage Seroquel left on the person's body. What price do we place on damage to a vital organ where lifespan is now shortened/diminished as a result of diabetes. What price does one place on that?
NOT $10,000. NOT $12,000.
March 7, 2011
Saiontz and Kirk
..."it is our understanding that values on client's cases have not been fully determined at this time and that a settlement packet, which will include the amount of the offer, will be sent to you, hopefully, in the next three weeks."


  1. This is a shocking and disturbing read

    Law firms selling litigants to other firms

    Total lack of reasonable or true representation..

    Plaintiff firms providing misleading or false information to clients

    Injured parties being treated with a complete lack of respect & professional conduct by their own supposed legal counsel

    Settlement deals that are made in secret without any consultation with the injured parties

    Take it or leave it ultimatums being made to injured parties by law firms before they have even received or are informed of the settlement offer/terms

    Law firms agreeing to blanket promotion and promise 100% compliance with regards to secret settlement deal. In practice agreeing to dump any and all injured parties cases that don't go along with the settlement

    Law firms that have a professional and ethical obligation to serve their clients best interest; instead are solely looking out for their own financial interest

    Never intending to take or prepare cases for trial

    This reads more like a con racket and profiteering scam, than a legal proceeding

    The Attorney General's office needs to be contacted, if they have not been contacted already

    This whole settlement should be thrown out due to legal misconduct by plaintiff law firms and a through criminal investigation should be conducted

  2. I firmly believe that justice will be served.

  3. I am one of the 600+ who has been offered a settlement by the Miller firm. Apon reviewing the packet sent, it is obvious that I am being sold-out by my ambulance chasing law firm and shafted by A.Z., and the whole justice system as a whole. A little over three grand is a slap in the face for being stricken with a cronic illness like diabetes from Seroquel in my late 20's! The ??? is, what can be done about it? I contacted my family attorney and three local personal injury firms. They all said it's a damn shame, but your realy up shit creek- Just take the settlement. It's not, they say, I don't have a good case, it's just it would be way to expensive to win in court up against A.Z. and it's Army of lawyers. None would touch my or anyone's case!!! I'm really left with only one choice...

  4. There are still options available including appeals, seeking other legal counsel, and of course bringing action against ambulance chaser firms like Miller...all options will take time & effort...Remember all this stuff that is happening in the settlement was already built into their legal plan; wear people down until they think they have no options, then offer a small token settlement...the lawyers get rich...and AstraZeneca gets even richer....and what do the injured victims get....screwed

    There are always lots of excuses to do nothing...to not fight for justice, fairness, or for doing what is right...you don't have to come here to lay out why you won't fight on...that's far to easy...

    Maybe you want this blog or others to come up with answers and solve all these problems for you.....that's just not the way life works...if you want change...you need to get involved and make it your own personal responsibility to make it happen..

    People don't like to talk about or stand up for the hundreds of lives needlessly ended, people snuffed out for profit, and the tens of thousands of maimed innocent lives that have been forever altered and negatively impacted by the conscious and direct criminal actions of the AstraZeneca corporation.

    Sure, the lawyers and the "take the money and run" crowd will continue to pound their settlement drums. It's always about them....it's always about not doing anything...it's always about the money they'll get....

    If you don't really care that this criminal corporation gets to walk away from this litigation and Seroquel without being held accountable for their unconscionable evil actions; by all means, jump all over your token

    AstraZeneca & the lawyers will just walk away profiteering beyond imagination, to be further emboldened to replay this tragedy all over again...sure..make excuses to do nothing..

    How many more lives have to be sacrificed in the name of greed and profit...before enough is enough...Seroquel, Vioxx, Avandia, Zyprexa, and the list just goes on and on...

    Real lives lost...Real lives destroyed...this isn't a game

    So what are the settlement sellers telling you....that you can do nothing...take the money and run...lay down and be the victimized all over again...it's to hard....you have suffered long enough...you can't win...there are no other options...

    I wonder what "God" would do! let us take a moral lesson from biblical history...well if I recall my Scripture correctly....God doesn't look upon self centered greed mongering all that kindly...in fact "Christ" got so enraged & angry in the temple; he caused quite a ruckus turning over the money changers tables and loudly rebuking their actions publicly for all to see & hear...
    The reality is sadly clear now, the injured parties are the last in line with a chance to hold AstraZeneca accountable....we have seen that the government gave them a meaningless slap on the wrist and green lighted them going back to their criminal business as usual ways....now we see the lawyers looking for their own pay day instead of holding to their ethical responsibility to serve their clients best interest and hold these criminals responsible....we also see for the most part a mainstream media that gives the public spoon fed reports from their big corporate sponsors....but what we don't see, is the voice of the real carnage, the injured parties....the faces of the dead...and the lives & stories of the injured....we don't see or hear from the seroquel victims...we unfortunately are the only voice left...if we are not heard...then nothing will be heard, done, or change...

  5. Do you think the "take the settlement" squawkers really care...they are selling you on doing nothing...because they will do nothing....they are very much part of the problem...not the solution...

    I am fortunately not naive or unrealistic...I know that the majority today just won't stand up & fight wrong or injustice...they have been for all intent & purpose "seroqueled" into submission & obscurity...they have been taught to not stand up for themselves, or that their voices don't matter...you can't change this, to big, to powerful, to corrupted, to much...

    don't buy these lies...it does matter...you can make a difference...it's just that simple and just that immensely difficult...no rose gardens....no guarantees...just standing up to do what is right...

    Yes, you may lose, you may end up with a few dollars less in your pocket...but you will be able to look into the mirror and into the eyes of others with a true sense of dignity & humanity...what dollar figure do you place on that experience...

    Many today put no value on righteousness or battling oppression...that's the cold hard distasteful reality of our times...Yet, I am making a stand....I will continue to do so...If I have done nothing else...I will have been heard...and those so many fear & cow-tower down too have been forced to listen...

    maybe your right, maybe you can't do anything; but just maybe you can...which side would you like to error upon?

  6. Nations Law Firm of Houston, TX is where my lawsuit ended up and they took the settlement and I received a check for just shy of 5k after they took their 4k and for group costs and a Medicare lien. This is just out and out wrong and I for one am insulted. I'm disabled and need the money really badly but I just can't cash the check and let it end here. I've already sent an email to a journalist from Bloomberg for an article he wrote and tomorrow, I'm asking for a copy of what I signed so that I can see what my penalty will be for breaking the gag order. Thank you for what you wrote since it's exactly how I feel and I take offense to being screwed by Astra-Zenica and the law firm.


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