Avandia cases havena t settled

I'm sure I read in a post that a plaintif has to have medical records in which a doctor confirms that the injury was caused by avandia. How could any doctor know exactly what caused the injury?

I think it depends on your attorney and how strong your case is. Each case is handled differently from what i was told by my Att staff. My case and my stepdad have the same attorney here in Dallas but we have a different attorney in another state litigating our case in the mediation court.

killedjoe wrote:

<quoted text> My opinion is, nobody want to go to trial. The judge doesn't want it to tie up the courts. Lawyers don't want it, to much time and money. Win or lose on a trial, Gsk appeals and doesn't want the publicity. Also, a new CEO. He want to move on. WBBL might have a difference opinion

killedjoe wrote:

<quoted text> My opinion is, nobody want to go to trial. The judge doesn't want it to tie up the courts. Lawyers don't want it, to much time and money. Win or lose on a trial, Gsk appeals and doesn't want the publicity. Also, a new CEO. He want to move on. WBBL might have a difference opinion

No, KilledJoe, I think you know that I believe that no case will ever go to trial. I stated earlier to either Melissa or Jill, that if I'm not happy with the settlement offer, I'd think about going to trial because I just can't see being paid bs money where there was a death. It might be that the courts have a formula whereby they can determine that my 70 year old mom was worth $50,000 (after legal fees), but right now I just don't see me accepting that. Please note that I do not have an offer, but have known for some time a ballpark figure of what I think it's going to be. This was based first on conversations with several attorneys knowledgeable about the case, but then somewhat corroborated by info posted here. I'm still waiting on an offer, I still believe that no case will ever go to trial, I still believe that GSK must and will make an offer that's impossible to turn down. Knowing that GSK has the money, made the money marketing a drug that they (perhaps) knew might cause heart attacks and other ailments, suppressed the evidence, encouraged doctors to continue peddling Avandia, the list of potential wrongdoings is endless, BUT the most important one is that it very well have been the cause of cutting short my mom's life, maybe one, two, three, four - doesn't matter if it's just one day - it just doesn't matter. I may be being selfish, speaking for myself, but my pain is very real...WBBJ!!!

I meant one, two, three, or four years - but life expectancy in her family was well into the eighties...WBBJ!!!

WBBJ, I agree with what you said and I feel your pain but, i think the age factor and whether or not your Dearest mother had other health problems may weaken your case. Why do you think the Buford family fought for a trial and he was 49 when he died. I hope and pray you don't have to sue and further this along but, odds are your attorney will probably settle your case for what he thinks is a reasonable offer.

WBBJ wrote:

<quoted text>
No, KilledJoe, I think you know that I believe that no case will ever go to trial. I stated earlier to either Melissa or Jill, that if I'm not happy with the settlement offer, I'd think about going to trial because I just can't see being paid bs money where there was a death. It might be that the courts have a formula whereby they can determine that my 70 year old mom was worth $50,000 (after legal fees), but right now I just don't see me accepting that. Please note that I do not have an offer, but have known for some time a ballpark figure of what I think it's going to be. This was based first on conversations with several attorneys knowledgeable about the case, but then somewhat corroborated by info posted here. I'm still waiting on an offer, I still believe that no case will ever go to trial, I still believe that GSK must and will make an offer that's impossible to turn down. Knowing that GSK has the money, made the money marketing a drug that they (perhaps) knew might cause heart attacks and other ailments, suppressed the evidence, encouraged doctors to continue peddling Avandia, the list of potential wrongdoings is endless, BUT the most important one is that it very well have been the cause of cutting short my mom's life, maybe one, two, three, four - doesn't matter if it's just one day - it just doesn't matter. I may be being selfish, speaking for myself, but my pain is very real...WBBJ!!!

LisaTX wrote:

Melissa,
whenever i think about my injury, I think God kept me here for a reason. Don't know why but here's my story: Got up one morning with a minor headache. I took a couple of pills thinking that it would go away. Next i went to dine out for lunch with my sister. as we were eating my headache started getting worse to the point that i just left. I managed to drive myself to my mom's house then laid on her sofa. by this time, my headache was becoming unbearable i was experiencing excruciating pain, crying, and couldn't lay still. my mom panicked and called 911. when the paramedics arrive they said my bloodpressure was extremely high and they were going to take me to the hospital. after i got there, the doctors questioned my mom about my condition no other health issues but diabetes. they ordered several tests. by this time i was screaming from the headached. when the Dr. received the results from catscan from my head, I was rushed in a helicopter and transferred to another nearby hospital. They said i just had a intracerebral hemorrage (stroke, also most deadliest stroke) and was threatening another. they later told me i would need BRAIN surgery to repair it or i would die. after 3 months of medical care, surjury etc.. i was ok but had string of health problems to follow.
<quoted text>

I know that we are blessed to be here. I make sure that I enjoy every day with my family.
Thank you for sharing your story.
Melissa

WBBJ wrote:

<quoted text>No, KilledJoe, I think you know that I believe that no case will ever go to trial. I stated earlier to either Melissa or Jill, that if I'm not happy with the settlement offer, I'd think about going to trial because I just can't see being paid bs money where there was a death. It might be that the courts have a formula whereby they can determine that my 70 year old mom was worth $50,000 (after legal fees), but right now I just don't see me accepting that. Please note that I do not have an offer, but have known for some time a ballpark figure of what I think it's going to be. This was based first on conversations with several attorneys knowledgeable about the case, but then somewhat corroborated by info posted here. I'm still waiting on an offer, I still believe that no case will ever go to trial, I still believe that GSK must and will make an offer that's impossible to turn down. Knowing that GSK has the money, made the money marketing a drug that they (perhaps) knew might cause heart attacks and other ailments, suppressed the evidence, encouraged doctors to continue peddling Avandia, the list of potential wrongdoings is endless, BUT the most important one is that it very well have been the cause of cutting short my mom's life, maybe one, two, three, four - doesn't matter if it's just one day - it just doesn't matter. I may be being selfish, speaking for myself, but my pain is very real...WBBJ!!!

So do you think Longhair's numbers are off?

Jill wrote:

Longhair........when you say the judge is willing to dismiss cases does that mean that if there are 2000 cases left unsettled then she will toss them out? That hardly seems fair for the 2000 remaining plaintiffs.

Even back in 2010 the Judge has indicated a willingness to dismiss cases both with and without prejudice (this has been recorded in her PTO's). I have posted before with much, and I mean allot of backlash that those who have filed are file numbers not individuals.. You can not assume that the Judge, the Mediator, the Discovery Master, in some cases those law firm that are presenting your case, know you, know your family history, your hurts nor your suffering. The Judge is trying to remove cases from the courts not determine a winner or a looser in this case. Gsk was not found guilty of anything by the FED's... When they look at a file they do not see Mrs Lynda, or Mr Lynda, they see Lynda #123456789, heart attack. They do not see the words victim anyplace on the cover near your name... At some point in history we will read about many cases dropped or dismissed for different reasons. I know this sounds cruel but it is the truth. The Judge has already stated twice in her PTO's the words “Fast Track”... Anyone’s case that did fit into the standard outline will be “Fast Tracked”.. Which could result in the Judge herself assigning an award value... not because she knows you but because she wants the case out of her court... I have read the Judges orders many times looking for information and to try understand her (the Judge) never once did I read where she said “Everyone will be treated fairly and get a fair settlement”....

LisaTX wrote:

WBBJ, I agree with what you said and I feel your pain but, i think the age factor and whether or not your Dearest mother had other health problems may weaken your case. Why do you think the Buford family fought for a trial and he was 49 when he died. I hope and pray you don't have to sue and further this along but, odds are your attorney will probably settle your case for what he thinks is a reasonable offer.
<quoted text>

LisaTX, I have my point total, and yes the one factor which impacted it was age. Go back about 2 months ago, and somewhere there is a post where I lay out the odds of going to trial and winning an appeal. In both cases, the chances of a plaintiff winning at a game of Russian Rouletee are far greater than going to trial or winning an appeal. The point in hiring an attorney is to settle - pure and simple. Sure you go back and forth gathering evidence as if you're going to trial, and then you settle 99.9% of the time. Deborah Burford settled, The case scheduled for trial in California settled. In both cases, the day of or the day before. As for appeals, all judges were lawyers who know the law. Their purpose is to insure that the law is applied and at the end of day, both sides are asked if they agree, and this is to limit the possibility of an appeal, and the wasting of more time and money. LisaTX what I was saying, was said from the heart, but the heart is not made to think with - the brain is. I know there will not be a trial, but wish to know if Avandia caused my mom's death and for that reason I entertain what if...WBBJ!!!

LisaTX wrote:

WBBJ, I agree with what you said and I feel your pain but, i think the age factor and whether or not your Dearest mother had other health problems may weaken your case. Why do you think the Buford family fought for a trial and he was 49 when he died. I hope and pray you don't have to sue and further this along but, odds are your attorney will probably settle your case for what he thinks is a reasonable offer.
<quoted text>

I forgot LisaTX, my attorney, your attorney, all of our attorneys work for us - they can negotiate the terms of a settlement, but must have our authorization in writing to effect a final settlement. He/she can not settle a case for they think is reasonable, but by what their client thinks is reasonable...WBBJ!!!

Mike wrote:

<quoted text>
So do you think Longhair's numbers are off?

WBBJ is correct... No monetary value can be set for ones life but it is done nearly daily in so many courts across this country. The anniversary of my wife’s mothers death is only a few days away. Nothing I can do nor the courts can do will stop the tears my wife is shedding as this date creeps closer. My wife was an only child so she can not share her joys of growing up and the memories with others within her family. Her father has passed, her aunts and uncles, so she leans to me. My wife and I met late in life so I only had a few short years to know her mother so I can only listen as my wife tells me about her mom. I can only sit and look at pictures as my wife try’s to understand her loss due to a dumb a### drug that she was told would help her mother have a better life....
I know everyone here is trying to find out what the courts believe their own life is worth.. God forgive the court and the legal system but they will decide what ones life and family will be worth and it will be printed onto a 8 ½ by 11 sheet of paper and sent to you in the mail. Your life; your families life value noted in a legal document, I can not think of anything more cruel, heartless and painful then to see my wife read a letter telling her what all those years of being hugged, kissed, lunches packed, dinners made is worth... WBBJ is right; nothing, I mean nothing can restore or repair the hurt, the pain of a loss.. I know for a fact, nothing that can be printed onto a piece of paper will allow my wife to understand nor forgive what has happened... As dumb as it sounds I tell my wife, to go forward and to live her life as her mother would have wanted her to do, be a better person each and every day.... Okay I will climb down off my box...

Mike wrote:

<quoted text>
So do you think Longhair's numbers are off?

What Longhair knows, trumps what I think. I know what my point total is, and it's far lower (by less than half) than Longhair's max figure of 525. What I don't know for certain are the point values. Even Longhair has not firmly committed to a set point value, and instead set a range of between 1125-2100. That's a mighty big range which seriously impacts what a final settlement would look like. One poster here said the point values were somewhere around 1150, with another saying about 1100 and those figures are at the low end of Longhair's max amount of 2100 - and Longhair let on that he would continue looking to find out why the disparity in point values. I believe that the point totals could be as high as Longhair said, but less than one-tenth of one percent will ever see a point total that high (525). I believe that points are deducted for everything starting with all of the physical ailments normally associated with diabetes and the reason for the patient's use of Avandia. I don't have a problem with the first one, but the second one bothers me. It's like being double billed for what has happened be it a heart attack, stroke, etc...WBBJ!!!

WBBJ wrote:

<quoted text>
What do you mean by "we won"?...WBBJ!!!

the giants. i know you has forgotten. killerjoe and i are in the eastern division. do you remember the superbowl.

sammy wrote:

I'm sure I read in a post that a plaintif has to have medical records in which a doctor confirms that the injury was caused by avandia. How could any doctor know exactly what caused the injury?

The doctor or medical records have to confirm the usage and time used of Avandia by a plaintiff. It's never been said by anyone that Avandia was the cause of injury. There were trials held which indicated a probability of Avandia usage causing the medical issues talked about here and elsewhere. GSK held their own trials (medical) which ranged from a possibility to inconclusive. If Avandia were ever known to be the exact cause of death, someone would be going to prison - and this is the biggest reason for no case ever going to trial...WBBJ!!!

the atty did not want to go to trial, because of the long wait. and they was thinking about the merick case overturned by the texas supreme court.we are getting cheated, even the atty say that. it has been a long debate.the atty was tire and had spent millions on this case. their money was not making any quick money.we are not going to get what our love ones, and you that is still here,should get. let not be dismay. take a minute before you make that decisions about going to court.you will have a hard fight. we had some of the top 15 atty on that comittees. and it came down to this settlement we have now. take your funds and run.if you can invest and make more. that the way to go.

bllie the cowboy wrote:

the atty did not want to go to trial, because of the long wait. and they was thinking about the merick case overturned by the texas supreme court.we are getting cheated, even the atty say that. it has been a long debate.the atty was tire and had spent millions on this case. their money was not making any quick money.we are not going to get what our love ones, and you that is still here,should get. let not be dismay. take a minute before you make that decisions about going to court.you will have a hard fight. we had some of the top 15 atty on that comittees. and it came down to this settlement we have now. take your funds and run.if you can invest and make more. that the way to go.

Amen! As always, well stated!...WBBJ!!!

Found this to be very interesting statement from a newspaper....“gsk agreed last month to resolve more than 20,000 cases”…...which have been presented as a case load of 2,500 Consolidated cases to the Judge.....

Does this mean they only took 2,500 cases of the 20,000 to review?

bllie the cowboy wrote:

<quoted text>the giants. i know you has forgotten. killerjoe and i are in the eastern division. do you remember the superbowl.

No, Cowboy, I did not forget the Super Bowl, I wanted to!...WBBJ!!!

WBBJ wrote:

<quoted text>
No, Cowboy, I did not forget the Super Bowl, I wanted to!...WBBJ!!!

I haven't FORGOTTEN. Stay home with the wife and kids to watch it. Didn't go to family party, still was and am recovering from the Lost of blood and transfusion. I have to admit, this "incident" bothered me mentally more then any past "incident". I am still nervous about a nose bleed and the defibil going off again.

Longhair1953 wrote:

Found this to be very interesting statement from a newspaper....“gsk agreed last month to resolve more than 20,000 cases”…...which have been presented as a case load of 2,500 Consolidated cases to the Judge.....
Does this mean they only took 2,500 cases of the 20,000 to review?

Longhair, I read this to mean that 20,000 cases were bundled down to 2500 cases, and that an overwhelming majority of cases including those in and out of mediation have been settled - that was her goal by the edicts issued back in November, to move all of the cases towards settling and as you have said get most of the case out of her court. I have to concur that this is very good news for almost everybody involved in these matters...WBBJ!!!