I just read a post on VPEG which reports what happened in a meeting (apparently held on January 18, 2008) between Plaintiffs’ attorneys (PSC), Merck and Judge Fallon (Judge in cases filed in MultiDistrict Litigation), who is handling all cases filed in US District Court (Federal).
I am so disgusted at our judicial system right now because it allows a Judge, who is presiding over cases filed in Federal court, to be “Chief Administrator” over the Settlement Agreement between Plaintiffs’ Counsels and Merck. They are all breaking their arms to pat themselves on the back in light of their “Amending” the settlement agreement between themselves in order to avoid “malpractice suits” which may or may not occur when these plaintiffs’ attorneys “withdraw” from your case due to the agreement that they signed with Merck. Here is an excerpt from that post:
So, what has changed? Apparently the only thing that has changed is that now the lawyers have a direct read from Judge Fallon (who was also named to fill the role of Chief Administrator of the Settlement, and stated: “I believe this program will work and that it will be in the best interests of all concerned,” Fallon declared after receiving reports from attorneys.”) that the language added above will suffice to eliminate ethical concerns, as long as the lawyers can point to and say that they followed the settlement language’s direction to “exercise his or her independent judgement in the best interest of each client individually before determining whether to recommend enrollment in the Program”, which is deemed to have been satisfied when the attorney submits an Enrollment Form.
In my mind, this delusional reality serves only the interest of the lawyers,Merck and Judge Fallon. I believe ALL Plaintiffs should be outraged that the legal system can be so grossly contorted to satisfy the desires of the legal professionals entrusted with its operation,
This post also states:
2) I have an additional concern regarding what exactly is the role of JudgeFallon in his function as “Chief Administrator” of the Settlement Agreement.
Is he on the books and being paid as a government judge during this function, or is he participating and being compensated as a private citizen fulfilling that role? I understand that the Settlement Agreement is private; how does that affect Fallon’s role as Chief Administrator?
I am of the opinion that the defendant is optimistic, the plaintiffs’ attorneys are counting their fees, the Judge is adding up all the payments that he will receive. Since there is a “Steering Committee, Gate Committee, Chief Administrator, Claims Administrator, etc., just who is paying these “committees”? Merck? Could that be? Hmmmmm, I smell greed, greed and more greed.
Tags: attorneys, Fallon, lawsuits, lawyer, Merck, settlement, vioxx
