(Soon to be Ex) Wife's Medical Lawsuit

[trajala]

What is the name of your state (only U.S. law)? Florida

Hello, I'm just curious, my wife joined a class-action litigation last year (partly upon my recommendation), one of those "mesh" deals that you see on TV all the time.

I'm wondering if I have any rights/claims to any of this money if it is settled for her, even after our divorce is final? I technically don't care, but since she seems to want a portion of my 401k that I contributed myself to well before and during our relatively short marriage, it just SEEMS like fair play and that I would have similar rights for similar reasons, or am I way off base here?

Thanks much

 

[Silverplum]

What is the name of your state (only U.S. law)? Florida

Hello, I'm just curious, my wife joined a class-action litigation last year (partly upon my recommendation), one of those "mesh" deals that you see on TV all the time.

I'm wondering if I have any rights/claims to any of this money if it is settled for her, even after our divorce is final? I technically don't care, but since she seems to want a portion of my 401k that I contributed myself to well before and during our relatively short marriage, it just SEEMS like fair play and that I would have similar rights for similar reasons, or am I way off base here?

Thanks much

You're WAY off base.

But hey, good for you: you're a hero for recommending she join a lawsuit for her permanent injuries.

 

[Bali Hai]

What is the name of your state (only U.S. law)? Florida

Hello, I'm just curious, my wife joined a class-action litigation last year (partly upon my recommendation), one of those "mesh" deals that you see on TV all the time.

I'm wondering if I have any rights/claims to any of this money if it is settled for her, even after our divorce is final? I technically don't care, but since she seems to want a portion of my 401k that I contributed myself to well before and during our relatively short marriage, it just SEEMS like fair play and that I would have similar rights for similar reasons, or am I way off base here?

Thanks much

She is only entitled to 401k marital assets. She is WAY off base if she wants more than that. Tell her to keep the proceeds from the class action lawsuit if she ever sees any.

 

[Proserpina]

What is the name of your state (only U.S. law)? Florida

Hello, I'm just curious, my wife joined a class-action litigation last year (partly upon my recommendation), one of those "mesh" deals that you see on TV all the time.

I'm wondering if I have any rights/claims to any of this money if it is settled for her, even after our divorce is final? I technically don't care, but since she seems to want a portion of my 401k that I contributed myself to well before and during our relatively short marriage, it just SEEMS like fair play and that I would have similar rights for similar reasons, or am I way off base here?

Thanks much

I think I'm going to be the bearer of bad news and I suspect your wife is going to be extremely frustrated that she's taken your advice instead of opting out.

(Trust me, this is relevant)

By not opting out, she has become part of the class action suit. Doesn't sound so bad, right? Well... no.


Staying in a class action suit (which is actually the presumption if you don't opt out) benefits two groups and only two groups.

1. The company and attorneys and,

2. Patients who have no viable lawsuit.

Think of it in terms of trees. A class action can be thought of as a wider, shorter tree but everyone involved gets at least a few leaves. If the same patients decide to pursue a private lawsuit, we'd be looking at a palm tree - several huge branches at the top, but anything underneath would just wither.

So sure, you told your wife to not opt out - and that's fine, but the award is going to be far less than you could imagine. Perhaps worse, if settlement falls through she's waived her right to sue afterwards.

And this, ladies and gentlebeans, is why we don't do anything without a quick sit down with an attorney who isn't tied to the case.

Repeat after me:

If your claim has clout, you must opt out
If your claim falls flat, darn shame about that

 

[Bali Hai]

I think I'm going to be the bearer of bad news and I suspect your wife is going to be extremely frustrated that she's taken your advice instead of opting out.

(Trust me, this is relevant)

By not opting out, she has become part of the class action suit. Doesn't sound so bad, right? Well... no.


Staying in a class action suit (which is actually the presumption if you don't opt out) benefits two groups and only two groups.

1. The company and attorneys and,

2. Patients who have no viable lawsuit.

Think of it in terms of trees. A class action can be thought of as a wider, shorter tree but everyone involved gets at least a few leaves. If the same patients decide to pursue a private lawsuit, we'd be looking at a palm tree - several huge branches at the top, but anything underneath would just wither.

So sure, you told your wife to not opt out - and that's fine, but the award is going to be far less than you could imagine. Perhaps worse, if settlement falls through she's waived her right to sue afterwards.

And this, ladies and gentlebeans, is why we don't do anything without a quick sit down with an attorney who isn't tied to the case.

Repeat after me:

If your claim has clout, you must opt out
If your claim falls flat, darn shame about that

Are you related to Johny Cochran?

 

[justalayman]

Staying in a class action suit (which is actually the presumption if you don't opt out) benefits two groups and only two groups.

1. The company and attorneys and,

2. Patients who have no viable lawsuit.
t

or patients that actually would not otherwise sue.

Many people are injured and may actually have a winnable case but either choose not to chase it or the payout is so small an attorney won't touch it on contingency. At least with a class action you know somebody is going to send you mail a few times. That in itself could be a big win for somebody that has no friends and never gets any mail

and you might get enough to buy dinner at Mickey D's if the class wins.

 

[Proserpina]

or patients that actually would not otherwise sue.

Many people are injured and may actually have a winnable case but either choose not to chase it or the payout is so small an attorney won't touch it on contingency. At least with a class action you know somebody is going to send you mail a few times. That in itself could be a big win for somebody that has no friends and never gets any mail

and you might get enough to buy dinner at Mickey D's if the class wins.

By "viable" I mean, "For whatever reason, be it lack of funding or lack of desire".

I can't eat McDonald's and their salads suck. Can I get a gift card for er... my last surgery bill?

 

[ecmst12]

I got enough for a couple of e-books from the amazon e-book class action thing. That was pretty cool.