• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is extortion okay?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



quincy

Senior Member
I moved to Oregon 5 years ago and unfortunately lost some records. I requested a copy of my case file last week but have yet to receive it.
Okay. Once you receive your records, read carefully the contract you signed with the attorney. Many attorney contracts will say something about representation "up to but not including" a trial.
 
So in reality the only thing the attoreny did wrong was failing to get you the payout you wanted?
It's really more of an ethics thing for me. I'd be glad to accept the settlement, after confirmation that all board members involved with deciding to injure people by omission of this drugs dangers, have all gotten open heart surgery that they didn't need, and the survivors spend the rest of their lives in prison.
 

quincy

Senior Member
It's really more of an ethics thing for me. I'd be glad to accept the settlement, after confirmation that all board members involved with deciding to injure people by omission of this drugs dangers, have all gotten open heart surgery that they didn't need, and the survivors spend the rest of their lives in prison.
It is up to you whether to accept the terms of a settlement, negotiate for a more satisfactory settlement, or refuse to settle.

If you refuse to settle, you can take your case to trial and hope that the trial costs do not eat up any difference you might see between the settlement terms and the jury award, this if the jury finds in your favor.

It is not always a good idea to compare your own case to the cases of others, because facts will always differ.
 

PayrollHRGuy

Senior Member
It's really more of an ethics thing for me. I'd be glad to accept the settlement, after confirmation that all board members involved with deciding to injure people by omission of this drugs dangers, have all gotten open heart surgery that they didn't need, and the survivors spend the rest of their lives in prison.
That isn't going to happen no matter the outcome of your civil case.
 

Just Blue

Senior Member
Right. The lawsuits are asking for monetary compensation and money rarely if ever makes up for the harm that has been suffered in cases like these. Most plaintiffs would eagerly give up millions of dollars in exchange for a return of their health.
I know I would....Not a day goes by without pain...no amount of $$ is "worth" that.
 

quincy

Senior Member
William K. Page is in a difficult position with regard to the settlement offer. Juries have found in favor of AbbVie in a number of cases that have made it to trial (although other manufacturers - like Eli Lilly, Pfizer, Endo Int'l - have not fared as well).

Page's attorney properly might be warning him of the risks of taking the case to trial. The $30,000 might not seem fair compensation, but there is a chance that Page could walk away with nothing if he rejects the settlement.

I advise that William K. Page, first, review his current attorney contract, and, second, discuss with his attorney the reasons behind the attorney urging acceptance of the settlement offer (or, at any rate, discouraging a trial), and, third, consult with another attorney for an opinion.
 
Last edited:
That isn't going to happen no matter the outcome of your civil case.
I know, it doesn't hurt to dream, does it? ")
The point I guess I was trying to make is, I can't sign off on this. I can't sign and say what happened to me is okay, not for this. I'd like to see some heads roll. I can't find representation, no one is taking these cases. How do I represent myself? How do I file suit? Where do I file? I'm kinda left hangin' here.
 

ALawyer

Senior Member
I have more than passing familiarity with the Low T claims and cases and Mass Torts generally. You were one of many harmed by taking the drug. And I agree with you that the conduct of the manufacturer was outrageous. However, many many people were harmed. Given the large number of cases filed against the manufacturers and deceptive marketers of testosterone to address what they termed "Low T" and the horrible consequences that you and others suffered, the cases were combined for purposes of discovery and possible settlement into a Multi-District Litigation ("MDL") presided over by a Federal judge, Matthew Kennelly, in Illinois.

As you stated, one of the low T cases produced a verdict of $140 million for one plaintiff, but that case was overturned on appeal and the judgment vacated. Indeed there were several other cases in which benchmark trials were held but the juries found for the defendants. https://www.drugwatch.com/testosterone/lawsuits/

Cases of this type are often extremely hard and always extremely expensive to prosecute, which is why they are often combined in an MDL and a Plaintiff's Steering Committee is appointed to take the lead. Each plaintiff would otherwise be required to provide proof of causation -- and that is often very difficult as heart attacks occur in the absence of taking a drug that raises one's chances of heart attack -- and the costs of a single trial would be huge as it requires extensive medical and scientific testimony. The manufacturers face so many claims that they frequently threaten bankruptcy, as we just saw Purdue file given the many Oxy-Contin claims filed against it.

Typically in an MDL, after several benchmark cases are tried the parties get an idea as to what is likely to happen if many cases are tried. Then having had the benefit of some real trials before real juries, a settlement can be agreed to in which the defendant agrees to pay a set sum of money to resolve all, or substantially all, cases against it.

Then the question becomes how should the pot of money be split up? To do that the Plaintiffs' Steering Committee often selects a retired judge to develop and apply criteria and that involves creating a grid which is used to allocate how that pot of money is to be allocated among all plaintiffs. Among those criteria on the grid may be such factors as the severity of the consequence suffered, the nature of any permanent or lasting injury or disability, the age of the person at the time of the incident, the need for additional medical attention, loss of income, etc.

Based on what you set out, I strongly doubt that your lawyer is being unethical or unreasonable. While I agree with you that no one I know would willingly take $30,000 to have a heart attack, your lawyer and you both are victims of the facts and available resources and your choices are very limited. If you reject the settlement you'd get nothing but the right to sue on your own, and at this stage I expect few if any lawyers would be willing to undertake trying a case in court that could easily take a few weeks, and cost $100,000 or more for just the needed expert testimony, where there has been a track record with juries as spotty as in the Low T cases.
 
Last edited:

quincy

Senior Member
I know, it doesn't hurt to dream, does it? ")
The point I guess I was trying to make is, I can't sign off on this. I can't sign and say what happened to me is okay, not for this. I'd like to see some heads roll. I can't find representation, no one is taking these cases. How do I represent myself? How do I file suit? Where do I file? I'm kinda left hangin' here.
You probably will not do well pursuing a legal action against AbbVie without an attorney - and, even with an attorney, an attorney might not be able to get you an award of damages greater than what you were offered as a settlement, if damages are awarded at all. AbbVie has a decent track record of winning in court.

Another problem with taking the case to trial with an attorney different from the one you have now is that, should a jury award damages equal to or less than what your first attorney was able to work out in the settlement, you could find yourself having to honor your contract terms by paying him his percentage of the damages awarded, this in addition to having to pay your new attorney a percentage of any damages awarded.

Again, read your contract with your first attorney carefully. You might want to find a legal professional in your area to read through it with you to see exactly what you agreed to with your signature.

Nice post, ALawyer. :)
 
William K. Page is in a difficult position with regard to the settlement offer. Juries have found in favor of AbbVie in a number of cases that have made it to trial (although other manufacturers - like Eli Lilly, Pfizer, Endo Int'l - have not fared as well).

Page's attorney properly might be warning him of the risks of taking the case to trial. The $30,000 might not seem fair compensation, but there is a chance that Page could walk away with nothing if he rejects the settlement.

I advise that William K. Page, first, review his current attorney contract, and, second, discuss with his attorney the reasons behind the attorney urging acceptance of the settlement offer (or, at any rate, discouraging a trial), and, third, consult with another attorney for an opinion.
Thank you all for your consideration, and advice. I have a lot to consider while waiting for my case file.
 
I have more than passing familiarity with the Low T claims and cases and Mass Torts generally. You were one of many harmed by taking the drug. And I agree with you that the conduct of the manufacturer was outrageous. However, many many people were harmed. Given the large number of cases filed against the manufacturers and deceptive marketers of testosterone to address what they termed "Low T" and the horrible consequences that you and others suffered, the cases were combined for purposes of discovery and possible settlement into a Multi-District Litigation ("MDL") presided over by a Federal judge, Matthew Kennelly, in Illinois.

As you stated, one of the low T cases produced a verdict of $140 million for one plaintiff, but that case was overturned on appeal and the judgment vacated. Indeed there were several other cases in which benchmark trials were held but the juries found for the defendants. https://www.drugwatch.com/testosterone/lawsuits/

Cases of this type are often extremely hard and always extremely expensive to prosecute, which is why they are often combined in an MDL and a Plaintiff's Steering Committee is appointed to take the lead. Each plaintiff would otherwise be required to provide proof of causation -- and that is often very difficult as heart attacks occur in the absence of taking a drug that raises one's chances of heart attack -- and the costs of a single trial would be huge as it requires extensive medical and scientific testimony. The manufacturers face so many claims that they frequently threaten bankruptcy, as we just saw Purdue file given the many Oxy-Contin claims filed against it.

Typically in an MDL, after several benchmark cases are tried the parties get an idea as to what is likely to happen if many cases are tried. Then having had the benefit of some real trials before real juries, a settlement can be agreed to in which the defendant agrees to pay a set sum of money to resolve all, or substantially all, cases against it.

Then the question becomes how should the pot of money be split up? To do that the Plaintiffs' Steering Committee often selects a retired judge to develop and apply criteria and that involves creating a grid which is used to allocate how that pot of money is to be allocated among all plaintiffs. Among those criteria on the grid may be such factors as the severity of the consequence suffered, the nature of any permanent or lasting injury or disability, the age of the person at the time of the incident, the need for additional medical attention, loss of income, etc.

Based on what you set out, I strongly doubt that your lawyer is being unethical or unreasonable. While I agree with you that no one I know would willingly take $30,000 to have a heart attack, your lawyer and you both are victims of the facts and available resources and your choices are very limited. If you reject the settlement you'd get nothing but the right to sue on your own, and at this stage I expect few if any lawyers would be willing to undertake trying a case in court that could easily take a few weeks, and cost $100,000 or more for just the needed expert testimony, where there has been a track record with juries as spotty as in the Low T cases.
 
Thank you for your informed truth, albeit bad tidings. Be blessed.
Does this prevent me from writing a fictitious book about an evil pharmaceutical company called "Scabby" ?
 
Last edited:

quincy

Senior Member
Thank you all for your consideration, and advice. I have a lot to consider while waiting for my case file.
Yes. You have a lot to think about.

I am sorry that you were not sufficiently warned by the drug manufacturers of all of the possible risks in taking the drug you were prescribed. I am sorry that your health was severely compromised as a result.

Good luck with whatever decision you decide to make.
 

Sponsored Ad

Top