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Wednesday, April 15, 2009

Vioxx...California courts assign Plaintiff liaison counsel for Vioxx victims!





A couple of weeks ago, I penned a post in which I referred to the Vioxx settlement agreement (pounded out last year) as a "fraud" upon the American people.



Post: 02/21/09


http://julian1st.wordpress.com/2009/02/21/vioxx-settlementa-fraud-perpetrated-on-the-american-people-by-merck-lawyers/



I was prompted to write the expose in view of the fact a number of victims involved in the Vioxx debacle have alleged in recent days that Merck (and their attorneys) have been giving them the run-around.



Although many litigants signed on for the settlement agreement in the spring of 2008, quite a large percentage of the victims haven't received one slim dime as of April, 2009.



In addition to the aforementioned scandalous conduct, Merck's attorneys have also engaged in deceitful bold-faced efforts to have lawsuits dismissed under a false premise.



For example, the claims office (and a handful of Vioxx plaintiff attorneys) have sent out notices to victims asserting that their failure to sign a "release" has placed their claim in jeopardy - and that until they sign on the dotted line - no payment will be forthcoming.



Upon close scrutiny, and after a bit of strenuous fact-checking, it is crystal clear that the "deficiency" that Merck refers to - that is alleging holding up claims - arises from a plaintiff's refusal to sign a release that will summarily "dismiss" the lawsuit against Merck with prejudice.



Disgruntled claimants have informed me they don't intend to sign any release for a dismissal of their lawsuits until the amount of their settlement has been determined and they are issued a draft for the total sum agreed upon.



Sounds reasonable, doesn't it?



Notwithstanding this glaring dishonesty on the part of Merck and all the attorneys involved in the Vioxx settlement "scam", there is another issue which has triggered some warning bells, too.



The claims office has been sending out notices to plaintiffs instructing them to sign a second legal document (lien notice) which guarantees that medical care facilities, doctors, insurance companies, and attorneys get their monies first by virtue of a lien.



Claimants worry that if they do sign off and permit a lien to placed on their "settlement" that they may not end up realizing the lump sum of money they were promised when they agreed to the landmark settlement offer hammered out with Merck attorneys last year.



For the aforementioned reasons, there has been a lot of confusion and ill-will running rampant across the Vioxx settlement landscape.



For this reason, the California Courts have assigned Plaintiff liaison counsel to assist the litigants in respect to their ongoing settlements disputes with Merck and their legal counsel.



Interested parties should contact the court of jurisdiction in California where their case against Merck is pending and secure the attorney information available with the aim of proceeding accordingly.









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