After a few skirmishes in the courts with litigants over allegations that the intake of VIOXX resulted in life-threatening ailments, the manufacturer - Merck - agreed to a settlement with the claimants.
In the wake of that landmark announcement last year, the pharmaceutical giant proceeded to rehabilitate its image, claimants scrambled to sign the paperwork, and attorneys rubbed their hands with glee over the spoils to come.
In recent days, there have been grumblings from claimants that Merck has not been following through on their promise.
Moreover, as the accountants get ready to divvy up the pie, it appears that - as usual - the sharks (lawyers) will gobble up the lion's share of the settlement money, while needy claimants end up with a few crumbs or - in some cases - nothing at all.
Claimants started to get nervous late in the summer when checks were not forthcoming.
After all, a few months earlier they signed off on the agreement with the understanding that payments would make their way into their hands in August (2008).
Today, some are still twiddling their thumbs, waiting for their checks to arrive.
Are they in the mail?
Heck, no!
Now there is a new twist to the ongoing deception.
Some claimants have received confusing notices from claims administrators (Mr. Brown at BrownGreer with offices back East) and high-powered law firms handling the litigation in the local courts (Khorrami Pollard Abir LLP; Kabateck Brown Kellner) advising them that there is a "deficiency" in their paperwork which must be cured, otherwise their claim(s) will be in jeopardy.
The legally-binding document is deceptive on its face because it is not meant to resolve any deficiency at all, but rather, to trick the claimant into signing a "dismissal" of their lawsuit pending in the U.S. Courts.
A couple of wise old owls figured that one out and have informed Brown (claims office) that they don't intend to dismiss the suit until he produces two things: a release and - the obvious - a draft the sum agreed to.
But, the scurrilous conduct of the lawyers handling the settlements extends further.
Victims of the VIOXX fiasco have also been mailed "lien" documents.
A cover letter urges the addressee (claimant) to sign the paperwork to ensure that no problems arise (or delays occur) in the final stages of the settlement process.
In reality, signing the "lien" documents, guarantees that doctors and/or medical facilities - and lawyers who handled the litigation and subsequent claims - receive their fees upfront before the claimant receives their settlement check!
If anything is left, that is.
Claimants I have spoken to are suspicious and holding back on those signatures.
Frankly, I don't blame them.
Complaints directed to the Judge presiding over the case in Los Angeles (Victoria Chaney) have not triggered any investigation, or appropriate action, whatsoever.
Is it possible that the female Jurist is taking money from Merck under the "bargaining" table or does she have a cushy pact with the heavyweight law firms involved that guarantees her a cut to keep her yap shut?
News at 11!
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