Claims administrator: Interim payments in $4.85 billion Vioxx s...

No Woody they got about 24000 to sign and there are approximately 16000 who didn't sign. But out of the 16000 that didn't sign there was 6500 that were matched to a insurance carrier. My insurance company is not on the list either. I am just sitting back to wait and see what happens.

Well then they can refund me on those big high priced premiums I paid out for years, and didn't use. Just like my Mother, an insurance agent scared her into buying a highpriced policy to cover her burial if she died and give her all this crap and the poor thing paid over in years time, she took it out when she was 62 years old and lived to be 79, and her funeral was only $7,800, so do the math $200.00 per month for 17 years, again the insurance co. came out smelling like a rose, and you never hear about this kind of rip-off the ins. cos do. If she had put that money back, there would have been plenty to pay her burial with lots left over to buy her and Daddy a tombstone with.

Hey Paula, where did you get the numbers?

Unfortunaely my company is on the list and I'm with MJA, screw 'em, I'll take my chances. Further investigation turns up more details on the "made whole doctrine". Seems that if you settle for less than say policy limits in a personal injury litigation, then you are not "made whole" financially. In fact, I think if tested, we all have a case for financial losses to earnings, continuing prescription/medical costs for the duration of our lives and the short-fall in settlement funds. Therefore we have not been "made whole". The point system applied to the settlement does not specifically denote an amount for each individual's medical expense. Can you imagine how difficult that is considering the geographical diversity of health care in this country? If those of you who choose to fight this Lien Resolution idea or just the liens themselves imagine a jury rendering a verdict in favor of the insurer, especially considering the crime Merck committed. A WORD OF CAUTION....DO NOT BE SURPRISED IF YOUR ATTORNEY HOLDS UP OR DEDUCTS INSURER LIENS IN SEPT. We need to be prepared. If an attorney is in this forum we need to engage them in this discussion.

Woody, when I listened to the last conference, the lien administrator gave the numbers so I copied them down.
I am with you, its a wait and see situation.I have not been notified about a lien, and my lawyers say they are not aware of any. No where in my old contract does it say they would sue me, it states that they have the right to sue the guilty party which was not me.
So they need to sue Merck.

Paula, a clause in nearly all insurance policies has what is called a subrogation clause. If you accept coverage from them you have in effect agreed to this policy provision. Most insurers apply this clause to recoup property damages and/or medical expenses and let you the insured believe that this clause is etched in stone. Some court cases challenging this subrogation issue involve using the "made whole doctrine" and to a lesser degree "double recovery" have both been successful in defeating subrogation. Type "made whole doctrine" and later "double recovery" into google and check out the cases. A good case is utahbar.org/barjournal . You may need to poke around to get the cases, just keep looking. Tenn has some case studies also. Several states have anti-subrogation laws and possibly exempt from subrogation liens. Check the states involved and the law regarding before becoming to confident.

The bottom line is BG, Judge Fallon and Garretson are trying to railroad us into slicing our piece of the pie as thin as possible. Let say this lien issue goes to court to enforce the policy subrogation clause. Does anyone out there think a jury will rule in favor of an insurance company? I plan to fight it if it goes down bad and will used my entire balance of proceeds to fight them. Let's see how their attorney fee meters run when they are on the clock. Finally, I think I read where you can add in you attorney fees if sued for subrogation. Sorry to ramble on but I've got the red a__ over the audacity of our attorney's.

Woody no problem ramble all you want. I have investigated all lien issues, and believe me have seen my share of clauses.It doesn't really make any difference to me one way or the other. I will also fight. My insurance company is still not on the list, so we will see.

There are some cases in which the insurance companies have been holding future payments to recapture subrogation.

What are the choices?

1. Hope that you live in a state that bars subrogation.

2. Hope that the insurance company never finds out.

3. Deal or No Deal with Garretson. Take the deal and have a little less coming out.

4. Fight it in court. How much will it cost to pay an attorney to fight this for you and if you loose?

People rushed into this settlement because this settlement was never about the sick and injured, it was about the lawyers who wanted to settle this case in a rush, rush, bring the money home to the law firm.

Judges have special interest in drug companies. It is called stock or the old family member may need a job, so do not bite the hand that could feed the family.

It will be very interesting to see what the final round holds. At the end of Sept., the stories should start coming home.

ACM-CM,

Paula cited numbers that lead me to believe Garretson's deal is off the table because 90% of litigants did not sign the Lien Resolution offer outlined by Fallon. Can't find results of this proposal being adopted or rejected by the Judge. Anyone out there know? So, therefore do we assume all of us are subject to full lien awards as a result of insurers envoking their respective, there are differences from insurer to insurer, subrogation clauses. I truly believe the "made whole" defense for us is the best approach. The key is to tie any shortfall in income loss, potential earnings and continuing medical expenses which ends for Merck at final payment for them but not us. Can't find any challenges in the courts to the loss of being NOT "made whole" as a result of MI or IS with permanent physical impairment(s). Everyone of us have experienced post event problems and have NOT been "made whole"--defense of lien via subrogation? Maybe?

Okay listen very carefully.

conference call what I heard:

July 15-Aug. 1 there were 20,000 that accepted lien resolution. 19,130 that did not. They have agreed to waive the 90& so all insurance companies will join regardless. Now, out of those 19,130 plaintiffs that didn't sign up (they ran a matching system) 6700 were matched with a insurance company. Those that were matched have recieved a letter from their attorneys stating they have a lien. End of story.
Everyone has their opinion on whether to join or not, I choose not. What becomes of me after the fact is not a concern for anyone but me. Because I chose not to join does not mean I am running from my lien, if there is one. It is my choice to do what I think is right for me. All opinions are welcome, but really thinking about it you should not be hounding the people that didn't sign up, they do not hound you in regards to your choice.
It is my CHOICE not yours.

sorry it doubled on me.

we were told that we were in line for next months paymants but then we were told that we might not here till aug somithining is going wrong becausag ca is miss leading us 3 months ago we were told we had pass the gates then they called @ said we had not what is goinning wrong help please some one there cares pleale

I know the feeling one day or whatever you are w3aiting for points cause you got pass the gates then you get a letter that some the people that didnt pass where having to appeal, then you wait and wait and then you call and now they tell you you did not make it. how you go from the gates to points and then nothing. fixing to get nasty here cause this is fiiiiiiiiinnnnnnnnng bull shit. I listened to ringer radio and tom g. was talking about he::s people clients where gonna be given a chance to get asturctured settlement do any of you remember any of that. or maybe it was just another scew job on us right. they had all our med. records, but said after passing gates headed for points we didnt have a heart attack. if my man had all the shit they said he had well that vioxx bout it out for dam sure, so what now we sign that dam paper we would not sue. merk, but on that radio he said a lawyer or lawyers had been sued for not telling there client about a stucktured settlement program, any the lawyers lost, well I am just wondering how many of us are getting screwed or have been screw.I know there are people out there that are really smart about this give me an input on this dumbass thought.lol we are intitle for something, alot of cases didnt go to court, but we have to pay as if we had.that is money they didnt not work for.

At one time the firm told me that I had 150 points and not to worry, they collected all the information needed and then I get turned down on prox.

O'kay - It sounds like you are confused. Call Brown Greer directly to get a straight answer. Ask for Jennifer Goodwin. Dial 1-866-866-1729 between 9:00AM - 4:30 PM eastern time.

A structured settlement is if you actually "win" say $100,000 and want $10,000 per yr for 10 years.
Lawyers ask that when you sign the award notice.
Most people want the money all at once.

@burnt out,
I apologize for the long wait, have not been on in a while. We still have not heard anything yet. Very frustrating. Here it is almost the middle of July and have not even been awarded points. Maybe its so much they dont want to let it go.:) Trying to stay hopeful.

Well the FED Ex truck just drove up to my house and I got my points - what a joke? Yes I am going to appeal! The letter states that if you appeal it will only cause a delay in receiving your check. What difference does it make, have only been waiting since 2004! first B & G said that I was ineligible because I didn't go to an acute care facility immediately following my MI, but I had a defibrillator inserted because of poor ejection factor and they list my injury as level 6, can you believe that? Whoever they are who is doing this to me, then they say I have controlled hypertension, never took a high blood pressure pill untill I had the MI, what crooks. Sorry, but I had to vent to someone, I don't think my attorney knows anything about MI's! Now I can sit and wait some more, but it shouldn't be years, it should just be months.

Have you appealed. How long had it been since you took your last tablet before your mi. My husband just got notification that he was denied also on proximity, after being told by attorney, he would get a large amount.

ACM-CM wrote:

At one time the firm told me that I had 150 points and not to worry, they collected all the information needed and then I get turned down on prox.

Am sorry BK boy was hoping that you and your dad had gotten some great news......so we are still in the same boat...oh well misery loves company...well keep us posted if you get any news.....and yes as always hold out hope :) that the sum you are receiving is too much for them to let go too soon....but am hoping that you receive a whopping 200-250 points......we can hope can't we??