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.
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For more thought provoking commentary and reading:
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.
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.
4-26-11
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.
QUESTIONS
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?
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**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
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
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."
How is this for creative selling? An AstraZeneca regional sales manager allegedly directed the sales reps in her region to use some of Winnie the Pooh’s well-known friends - specifically, 
Whether any of the reps actually did so is unclear. Nonetheless, an AstraZeneca spokesman tells us that the drugmaker is “investigating the allegations,” although he adds that “it wouldn’t be appropriate to comment further, because it is an open investigation.”
