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 notificication 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 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? 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 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 for settlement 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."
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