AstraZeneca Seroquel - Miscarriage of Justice - Bad Drug – Bad Settlement –Injured Parties being Victimized yet again by their own Legal Representation – Settlement Rejection Coming
This is another post in a continuing series of articles regarding AstraZeneca – Seroquel, the litigation, and about those that were injured by this dangerous, illegally marketed, & serious hidden side effects consequences resulting from AstraZeneca’s actions & this drug.
In the past I’ve written about how our federal government through the department of justice allowed a settlement of 520 million dollars for these many crimes and for the recovery of fraudulent Medicare monies to happen without any admission of wrong doing or guilt. How states have signed onto another 86 millions dollars in settlement dollars involving Medicare fraud and other related crimes, again without any admission of wrong doing or guilt.
Today let us focus upon the real victims as it relates to the continued suffering and injustice being perpetrated by AstraZeneca’s unconscionable actions & the plaintiff law firms that are supposed to be representing victims best interest.
They are those unfortunate citizens that took this drug and are now suffering the dire consequences with life long conditions including diabetes and various other documented side effects (including death) caused by the ingestion of Seroquel.
In correspondence with an unnamed confidential plaintiff in this Seroquel litigation; I hope to bring the reader new and eye opening information as it comes to light.
From a phone correspondence as relayed to me by my source:
Thursday June 23, 2011 - Megan Elliot administrative assistant for “YouHaveALawyer” or Saiontz & Kirk P.A. youhavealawyer.com
How much compensation did your firm receive to sell my case? I can answer that one, its split 50/50 depending on whether it was fee of 33% or 40%; it would be 16.5% or 20% for each firm.
The other questions asked would be relayed to the Miller Firm LLC and source was told they should receive a response from them Monday or Tuesday.
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Monday June 27, 2011 paraphrased answers Kate Hamilton Miller Firm LLC representative millerfirmllc :
Source was told the compensation to buy my case was said to be 50% of 40% contingency fee correct? Saiontz&Kirk are considered co-counsel.
So even though Saiontz&Kirk P.A. can’t answer questions regarding the sources case or were involved in the mediation or actual ongoing litigation you consider them co-counsel? Saiontz & Kirk are a attorney referral service we use
I understand that part of this agreement is that the Miller Firm LLC has agreed to promote and have 100% acceptance/compliance to this (unknown to me) reached settlement agreement? I’m not sure it’s worded that way, as I’m not familiar with the Zyprexa settlement: we believe this is a good/fair settlement and will not be representing any injured parties further if they decline this settlement offer.
I would like to request all discovery and related materials to do with my case including transcripts or notes from the mediation so I can seek further representation when I refuse this publicly reported or estimated poor settlement offer? There are no mediation notes or transcripts, the attorney’s just get together and talk. We’ll send you a copy of your file.
Source was told on numerous occasions false or misleading information about receiving this “settlement packet”, what new news can you offer me at this time? The Medicare holdback is about 45% complete, and we expect the packets going out in 30 to 45 days (this is would a year after Bloomberg news reported a settlement had been reached in the seroquel litigation)
This was another one of those unsatisfactory conversations with the Miller Firm LLC that is supposedly working for this sources best interest.
What the source gleaned from this questioning interaction was that Saiontz & Kirk is a case/claim broker. They advertise, gather hundreds of cases, and sell them to other firms for a nice profit with virtual little or no risk.
Here the source was under the impression that Saiontz & Kirk had accepted this case & were going to represent aggressively this sources' best interest. Instead, it appears the source was nothing much more than a case commodity to sell off for profit. Talk about being betrayed & mislead! One could gather “co-counsel” actually means simply a 20% client finders fee in the legal world of today. That’s some code of ethical conduct the legal profession has going on there.
Source also found out that what the “Miller Firm LLC” considers a good deal; means it’s a good deal for them, and it doesn’t really matter what their “bought” client thinks, believes, or what is in the actual injured parties’ best interest. This is all about the wheeling and dealing; quick settlements and big payoffs for these firms.
It will be interesting to know with further investigation whether the Miller Firm LLC had any cases prepared for trial, did any thorough vetting of cases, did due diligence in gathering pertinent information for each client they represented, or if they even ever intended to take a single case to trial.
I can only make an educated assumption/guess from their distant and cool attitudes and interactions with their client; they probably never planned or intended to represent anyone in an actual trial before a jury. That would have cost them too much money and risk; especially when they have their sure easy payoff in this secret deal.
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Someone recently posted what was reported to be their seroquel injury settlement offer on the Topix Seroquel Lawsuit Forum
DISCLAIMER about Topix Forum: this forum has a long and checkered history of providing spam, false, and misleading information. To use any reports generated from postings there; one would need to always verify the information with well documented & collaborating evidence. The following post is being used solely as a broad & fictional example, and should not be considered absolute truth, or should it be relied upon as actual concrete or substantial evidence.
Clarence
Wichita Falls, TX #1893
Friday Jun 24
“Received settlement packet from The Garretson Resolution Group on June 16, 2011. I was in the non-insulin diabetic group. Total estimated gross award amount was $18,321.76. 40% estimated gross attorney fee $7,328.70. Estimated settlement amount after attorney fee $10,993.06. Estimated settlement amount after fees and expenses $10,375.25. Estimated Medicare Holdback $7,328.64. Estimated Net Amount Due To Claimant $3,046.61”
Even if these reported above figures are anywhere within the ballpark of reality…it would be made quite clear to any casual observer or interested party who’s best interest are being served.
It is definitely not rocket science after all to conclude that claimants/injured parties interest were a very minor focus in this reported secret negotiated settlement mediation proceedings between the AstraZeneca’s Legal Team and Plaintiff Attorney’s.
Attorney Fee $ 7328.70 (more than Twice the amount the injured party will receive)
Fees??: just over $600 (one can only guess this is for another law firm to do administrative work in coordinating who gets what and the distribution of settlement packets)
Government - Medicare Holdback $7,328.64 (more than twice the amount of what the injured party will receive; plus this amount is on top of the DOJ 520 million and States 86 million recovery)
Claimant – Injured party$3,046.61 (that is the person who has been directly injured by Seroquel; who will have a life time detrimental health condition and will incur massive medical expenses, a permanent disability, experience loss in quality of life, continued suffering, a shortened life span, and a whole host of other related negative factors)
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So what are the ethical and legal responsibilities of the Plaintiff Attorney’s – here’s a broad generalized overview of their responsibilities brought to you by wikipedia;
http://en.wikipedia.org/wiki/Personal_injury_lawyer
Responsibilities
A personal injury lawyer has numerous responsibilities in serving his or her clients. These responsibilities encompass both professional and ethical rules and codes of conduct set forth by state bar associations where the lawyers are licensed. Once licensed to practice law by their state bar association, lawyers are legally permitted to file legal complaints, argue cases in state court, draft legal documents, and offer legal advice to victims of personal injury.Also referred to as a plaintiff lawyer, a personal injury lawyer is responsible for interviewing prospective clients and evaluating their cases to determine the legal matter, identify the distinct issues rooted within the plaintiff’s larger problem, and extensively research every issue to build a strong case. The ultimate professional responsibility of a personal injury lawyer is to help plaintiffs obtain the justice and compensation they deserve for their losses and suffering through advocacy, oral arguments, client counseling, and legal advice.
Personal injury lawyers must also adhere to strict standards of legal ethics when dealing with clients. While the guidelines vary according to state, the basic codes of conduct state that a lawyer must knowledgeably evaluate legal matters and exercise competence in any legal matter undertaken. Moreover, personal injury lawyers owe their clients a duty of loyalty and confidentiality and must work to protect their clients’ best interests.
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I can only suggest if you or a loved one is involved in the seroquel litigation, that you contact your state bar association and the federal attorney generals office to file a formal request for an investigation & complaint.
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