In reading all the material that I can find on the Vioxx settlement and the ongoing litigation many questions come up. Here are some of the most important ones that I would like to ask my lawyer, if I could ever speak to him.
- Do I have any recourse if I do not agree to the settlement amount after signing this release?
- Do you have an estimate of what the settlement amount should be?
- What is the reason for your “recommendation” to accept and sign this Release?
- Is this Release legal? In other words, can they just refuse to provide me with any settlement and then claim that I cannot go after them because I signed this release?
- What right does Merck have to “pay all third parties” or demand that all third parties are paid prior to my receipt of any settlement funds?
- What third parties does this refer to in the Release?
- Will the third parties be notified of my settlement and/or their back-pay of any claims that they took care of even if they never filed a lien?
- Have you (Lanier) received any liens regarding my case?
- If there is a settlement offered to me, how would it be paid? Structured settlement payments or lump sum?
- What if I don’t sign the Release?
- Will you/your firm still represent me?
- Have you (yourself) even evaluated my case or had an “expert” doctor look at my case to see if I “qualify” or am “eligible” for this “global settlement”?
- How do I know that your information is not confused or not represented incorrectly?
I think these are all questions that every plaintiff in this case should be asking.
For more information please go to VPEG
January 19, 2008 at 8:06 pm
[...] Questions About The Vioxx SettlementIn reading all the material that I can find on the Vioxx settlement and the ongoing litigation many questions come up. Here are some of the most important ones that I would like to ask my lawyer, if I could ever speak to him. … [...]
January 20, 2008 at 8:16 pm
YES – these questions NEED to be asked. Good for you! I would also encourage anyone to ASK THEIR ATTORNEY’S. These are GREAT questions, and my gosh – don’t you think you attorney should have this right out of their tongue!
It appears that many have not had good luck with their attorneys. Most have even received just a standard form letter that the negotiating parties put together.
The “settlement” is a sham and is a danger to your existing rights. It is also a dangerous precedent. All the drumming you hear about Merck doing great with this “deal”, is true if Merck can pull it off. Merck and some attorneys are, essentially, creating a perverted “hybrid” kind of legal system. One in where MUCH of the Legal System becomes an administrator between two private parties who have “negotiated” on your behalf.
Wouldn’t you think your lawyer should negotiate on your behalf?
If you want to get some information and education, share it, see the comments of many like yourself, often and usually in a very sad situation – why not join VPEG if you are a bewildered Plaintiff who JUST CAN’T GET ANSWERS! Though VPEG cannot and will not provide legal advice, you may be surprised at the wealth of information that has been created from people in your boat.
Dennis Harrison
January 20, 2008 at 8:22 pm
The lawyers were all too happy to sign plaintiffs up for a vioxx lawsuit and all said they would represent us. What happened here was plain and simple, Merck and the lawyers got together and made a deal. Was it in our best interests? Did we have a say in this deal? Who is going to benefit from this so called Settlement? These and more are the reasons why many plaintiffs are opting out of the Settlement. A plaintiff will not know the amount he’ll get or when he’ll get it or if he’ll get it until after he signs all his rights to a trial away.