Advice on major Lawsuit needed

[Duppers]

I have a friend who was just diagnosed with PPH. She took Fen-Phen back in the '90, right before they took it off the market.

She now wants advice from me, but I do not know how to advise her, so I'm posting to ask you guys.

She contacted a law firm, specializing in the PPH / Fen-Phen lawsuits, that she found online, immediately after after her physician confirmed the diagnosis last Friday.

She also emailed another friend (an ex-boyfriend & paralegal) of hers and got some confusing advice. Then she contacted me to ask me to put my 2 cents in because she's so confused. I just do not know enough about these matters to give her an informed opinion.

The law firm she contacted specializes in the Fen-Phen suits and has one going to trial in May. They want to immediately fly down to FL to interview her and her physicians. They smell $$,$$$,$$$.

Here's part of the email exchange between her and her ex-boyfriend, the paralegal:

The ex-boyfriend & paralegal:
"I would not let an attorney fly down to see me or other wise expend/advance speculative litigation costs at this juncture.
These are high dollar/high profit/easy proof claims, so much so that the drug company(s) have already set aside a billion dollar fund ($21.1) to handle them. It’s a pot of gold waiting for plaintiffs to step up and take their share. Lawyers know it and clients mostly don't.
My position is and has been that you realize/maximize every dollar possible. Not the lawyers, not your brother, and certainly not I should even enter the equation, but I'm not standing by and see some lawyer take 2M of a 5M settlement (standard 40%)."

My PPH afflicted Friend:
"Well, if that is the standard fee, why wouldn't I accept it? Doesn't it seem that the better and more experienced the attorney is on these matters, the better settlement I will get."

Her Ex-boyfriend:
"I recommend you consult with at least 2 other attorneys and knowing how you can be beguiled by authority figures; I wouldn't do anything alone, take every verbal representation by an attorney with the same caution as a used car salesman and get absolutely everything in writing.

All fees are negotiable. There are many tort lawyers in Florida who are perfectly capable of handling your case.
Until I see
1) All the tests and doctor's notes and,
2) Find a Florida state case or federal district case and go read the court file; I won't have a firm idea of where you are and what you have to negotiate fees with.
Take a hypothetical. You visit Dewey, Cheater and Howe and Ian Cheater looks at your medical records. Ol' Dewey has already tried or negotiated 17 other PPH cases. He's also been to an Amer. Bar Assoc. conference and workshop on PPH. Bottom line is if you present a clear and comprehensive fact picture he probably knows plus or minus 5-10% where its going to wind up $$$ wise.
Since he's a contingency attorney he therefore knows what his "take" is from the case. But wait, good old' Mr. Cheater is a senior partner. He may sign you up but his "associate", Mr. Workit, is going to be "lead" attorney.
Since Workit is an associate, not a partner, he gets a flat $180K a year salary. Even if he gives you a full half of his year (very unlikely) the firm's cost is $90K. Workit gets the case right up to the court room door when Width’s lawyers offer $5M. You take it. You get $3M, Workit gets his $90K salary (plus a bonus no doubt), Cheater (who spent maybe 10-15 hrs. reviewing Workit’s preparation) and the firm take $1.9M.
Why? Because they can and it’s legal.
Now suppose its 5 years later. Workit has many PPH cases under his belt but no partnership. He and another associate spin off on their own. He's seen how Wyeth's lawyers litigate and settle, what works the best as tactics, understands how the value of a particular case is arrived at, in short he knows what Cheatham knew.
But there isn't any firm and senior partners, just Workit and his partner (who may or may not have a sharing agreement). Do you suppose Workit will take $300K?, $400K?, O.K. make it an even half a million. What's the difference?
Just your extra $1.5M.
This is a simplistic comparison (litigation costs not considered but you'll pay those anyway and big firms always charge way more cause they consider costs a profit item - they pay a paralegal $20/hr. and charge you $95/hr.)
But it illustrates the principle.
Seems in the '80's several large insurance companies got feed up with the mega-firms they were using.
Many lawsuits, lots of disclosure and lengthy court opinions about how law firms conduct their business and make (and steal) their money.
You can get just a taste of how big it is googling "phen fen litigation fraud" and see all the lawyers that got caught and the hundred of millions in client fees they had to surrender.
For you this is a potential tragedy and you’re hardly in a mood (particularly with your congenial personality) to conduct hard nose bargaining to get the "best bang for your buck".
I am because I don't want to see you get screwed by your friendly "counselor", I think their fees are outrageous for this type of case and I think there's a relatively young hot shot that will work harder for less and deserves a good paycheck for it without all the dead weight.
One way or the other you need more facts all the way around before you sign anything.
I'm bushed tonight, call you tomorrow p.m. DON'T SIGN ANYTHING YET."


So, she emailed last night asking me what she should do. As if I should know, but I did a little goolging and found a few interesting links, some which included some dirt on the Clintons. My-my, where that’ll show up.

Fen-Phen Zen
http://www.american.com/archive/2007/april-0407/fen-phen-zen
This was an interesting read about a fen-phen suite and a judge and fraud & the Clintons here.
Lawyers' Payday In Diet-Pill Case Is Called Fraud Lawyers in the fen-phen case defrauded their clients and kept the bulk of the money for themselves, a judge ruled. - March 24, 2007 Front Page News

Fen-Phen Case Lawyers Say They'll Reject Wyeth Offer A Wyeth spokesman said he did not yet know how many of the thousands plaintiffs who claim they were harmed by the diet drug combination fen-phen would sign on. February 17, 2005

Wyeth Lifts Estimate on Suits Wyeth's shares plunged nearly 8 percent yesterday after the company raised its estimate for the total cost of fen-phen litigation to $21.1 billion and said that protracted legal cases continued to drain earnings in 2004. February 1, 2005

******* http://library.findlaw.com/1999/Apr/1/130511.html *********************
…………..

So, my smart fellow DUers, please give me some advice to impart to my sick friend.

It was seem that a major law firm has the intimidation factor going on and many pending cases on the docket. But does she gamble to get more money for herself? What should she do?

Thanks, guys, in advance.

-d

[taterguy]

1. She shouldn't rely on advice from Internet strangers for major life decisions

There's lots of smart folks here but there's also lots of idiots.

Good luck telling the difference.

[Duppers]

2. ?

She needs more input. The law firm is a big reputable one out of Philly and her ex-boyfriend and I are not strangers to her. So, by "strangers" you mean DUers?

Where does one go to make such decisions? It's up to her and she's very conflicted.

[taterguy]

3. Yes I mean DUers, not you

Sorry for the confusion

[Duppers]

4. she needs an answer today

I told her to go with the big firm; that's what I'd do in her shoes....even if they take more of her settlement.

I also asked her to call her physician's office to see what their other patients have done.


thanks.

[AirmensMom]

5. Tell her to ask her doctor.

S/he is likely to know some local lawyers. The first one she calls will be able to steer her in the right direction.