Saturday, October 29, 2011
How the AstraZeneca Seroquel Plaintiff Law Firms have turned a "TORT" into a very profitable bastardized version of class action
A class action lawsuit is a complaint filed by one party on behalf of everyone in a similar situation. Such lawsuits look at the big picture and are useful, for example, to force a company to take a legal action.
A mass tort lawsuit is different. Like class action lawsuit, a mass tort combines many legal cases into a single trial, but unlike a class action each plaintiff is treated as an individual with their own individual lawsuit. The difference between a mass tort and an individual case is that in a mass tort lawsuit many similar cases are argued together saving time and money that can be better spent preparing to make the best legal case for you. Mass torts pool legal resources from many similar cases to benefit each unique case.
So how does a tort get turned into a class action...it's called a lump sum settlement...a law firm settles all cases they represent against a defendant (in this case AstraZeneca) for a one large lump sum amount of dollars & by virtue of the settlement deal guidelines guarantee full participation & compliance. At this point the law firm takes on the role of settlement marketeer for the defendants by setting up some arbitrary criteria ( that means that each individual's actual loses, injuries, or particular circumstances are not considered in coming up with an settlement offer figure ) for disbursement of funds. The plaintiff law firm then presents these offers to their clients in a "take it or leave it" threating manner sales pitch...the clients are given in reality a choice to either accept the offer (whether it's fair or equitable or individually derived) or the law firm will drop them as a client. In fact, it's set up in such a way, that even if a law firms drops/stops representing a high percentage of their clients; they will still make the same profit from this set lump sum settlement; as long as the eager defendant signs off on the agreement (which is virtually an automatic done deal from the get go).
This happens even if the plaintiff firms never take a single case to trial, or does the basic work of gathering adequate information, particulars of each individual case, or without investigating each of their clients individual claims to come up with actual loses, suffering, & injuries incurred by the defendants actions.
Today, Tort has become a nothing more than the new & more profitable class action, without having to ever prove a case, have the court or a jury determine what each individual case is worth in dollar terms based on the evidence. It also takes the court completely out of distribution and criteria used in such negotiated settlements. In fact much the limited criteria the law firms are using in this inequitable distribution of funds schemes, and the limited arbitrary criteria methodologies being used, are the very same criteria these law firms were either unwilling or unable to prove in a court of law.
So tort today is basically when your lawyer makes a secret back room deal with the defendants for a set amount of money, and then in truth stop operating or working for those they were supposed to individually represent; but instead become a working agents for the opposition defendants.
To makes matters worse, (as in the Seroquel Litigation) the defendants (offending party) get to control the entire settlement process, and also get the final say in each individual case/settlement.
To put this in some form of simple context: it's as if the Big Bad Wolf was placed in charge of Little Red Riding-hood's complete Itinerary, was given Carte blanche to grandma's house, full reign over all conspiring events, and then is handsomely rewarded after The Wolf finishes devouring Little Miss Riding-hood. The injured parties are being virtually eaten alive; first by AstraZeneca's Seroquel; that have left them injured and suffering, and then again by greedy and self centered law firms that are only looking out for the own financial bottom line....Have they treated each individual they represent with the care, dignity, diligence, and duty they were given and hired to preform? the answer is NO! Have they lived up to their professional and ethical obligations as legal professionals? The answer is absolutely NO...
The only question left to be answered now: is who in the legal profession is going to stand up for the "people" they are are duty bound to represent, and underlying basic guiding principles of the law & justice in America?
The people are waiting to hear from you.....America is waiting....