Settlement in Guidant case swells to $240M

[tyl]

Don1956 wrote:

does anyone know how much the settlement is even for my lawyer wont even tell me, I rejected it anyways but just to know?

From my understanding if you have had it explanted you get maybe $30,000 and if you didn't you may get $7,500. Our attorney told us if we don't take this we may most likely not get anything because of a recent ruling in cases like this.

[Melissa1976]

My lawyer has no idea what the hell they are doing and they are the worst attorneys I have ever spoken to in my life, they are only worried about the money they get out of this bull***t while there are people out there suffering, broke and damn near homeless, jobless and can't afford to feed their families, my quality of life was better off before this pacemaker, I am having more trouble with this device and the doctors keep telling me that there is nothing wrong with my device, well i lived with a perfectly beating heart for 27 years before I had this implant and I know when something is wrong but they insist that there isn't. My lawyer should be the one doing all the research instead of me since they get such a large fee which will probably be more than what I should be awarded. Mel from Washington

[Steven]

My device fired without cause 16 times in 2 hours. After explant it was diagnosed as having malfunctioned. Money? Is that all this is about? Some of you say you suffer from knowing your device might not function properly, try living with the fact that it did malfunction. Money? None of us are getting a windfall, none of us are getting near the correct compensation, and I don't know if there is such a thing. No amount of money can take away the memories or the anxiety. Be thankful you are still alive, and get on with it. If sometime in the future you get a little money from this whole debacle, then be happy.

[nesman]

I never hear from the lawfirm representing me.About the only time I heard anything was right after the supreme court decision.He told me my case amount was determined and that the only way I would get anything was sign the settlement papers immediantly.Which,stupidly,I did.Called a week later and found out the lawyer did not work there anymore.I think I know why?I was screwed.

[Guidant settlement]

My father died because his Guidant defribrillator did not fire when needed. My lawyer keeps me informed (via email) and has told me that he is not taking his 33% but will put in for a percentage of what's offered to the lawyers separately. When you hire a lawyer, you should interview them like you were hiring them to be your employee. Not all lawyers are scum. Over 95% agreed to the settlement so we should see a check some time this summer. Good luck to all of you.

[Steven]

I'm not sure where everyone gets their information from, attorneys, web, gossip, etc..., and I'm not sure what this 95% is all about, I've never heard of it before. Am I involved in a different lawsuit than everyone else? According to my attorney, there will likely not be any settlement offers made until after Sept. 1st, and then settlememt amounts would not go out until the end of the year.

[Fred Flintstoned]

Show me the money, that's all I'm saying.

It's all about ME ME ME!!!!!!!!!!

[norb]

This settlement is a dog and pony show. When I first filed I had attorneys calling me at home stating that my claim was worth 150,000 thousand dollars. My mother passed away two years ago having one of the Guidant recalled pacemaker's installed. They said that her medical records didn't indicate that this device malfunctioned. How am I to know? I never reviewed the medical records. In fact my attorney at first stated that he was convinced 99 percent that he wouldn't even be able to get the records without power of attorney? Now that he says he got them, he stated that they don't show a malfunction. Then they tell me I had to have my sister sign off before any settlement was approved. Then they said that there was "another" delay. Now they say I have to get any grand or step grandchildren to sign off. Boy, what a pain in the you know what. For all of those who feel screwed, I say opt out and file your own law suit. Good luck!

[Jay]

tyl wrote:

<quoted text>
From my understanding if you have had it explanted you get maybe $30,000 and if you didn't you may get $7,500. Our attorney told us if we don't take this we may most likely not get anything because of a recent ruling in cases like this.

I chose the explant and can't believe anyone would want to keep a possible defective device inside them!! This settlement info sounds about right and similar to what my lawyers have advised me, including the change in the law regarding medical device lawsuits for devices once approved by the FDA! The last I heard the lawyers percentage has not been determined and could be as low as 25% or up to 1/3 which is typical for this kind of case. I am very confident with my lawyers and satisfied with the settlement offer which I understand will be paid out in August. Those who are complaining about their attorney should have found a better one a long time ago instead of moaning and groaning now!!

[a b gart]

"tyl"
Couple of suggestions A. Don't wait for the settlement check. Try Dec or Jan 2009.
B. Just think Vioxx is settling for 100 grand each lawsuit. Now "are you ready to accept" your offer.

[Mstone]

Hshkolnik wrote:

I have read many of your posts here and see that there is alot of misinformation about the settlement. More accurate information can be found at www.guidantsettlement.com where the court appointed Plaintiff's Steering Committee posts up to date information and also maintians a valuable question and answer page.
As an attorney who has been involved in this litigation from its inception I think it is important to advise you to contact your lawyers for accurate up to date information to allow you to make an informed decision.It is also important to mention that a case recently argued before the United States Supreme Court very likely will result in a decison that may have a major impact on the viability of these cases. This is also something you should discuss with your lawyers if you have not already done so.
Although the settlement now covers about 8550 claimants many of the additional cases do not involve recalled devices and will not warrant any payment over $500.00. There are a small number of deaths cases where the cause of death was a failed device and those will be covered by payments out of an Extraordinary Injury Fund (EIF) to be determined by the United States Magistrate Judge appointed as the special master. Please note many people die with a device that does not discharge and that does not mean the device was defective.
The majority of the cases in the plan that will receive payment are either early explants or non explant cases. Most claimants who have had early replacements without complications will receive payments in the range of $30,000.00-45,000.00. Those with complications will receive the base payments plus be eligible for EIF awards. Those who have not undergone early explant will receive payments in the $5000-7500 range unless the replacement could not be done because of a document medical reason.
Most lawyers have not sent out any award letters because the settlement allocation plan has not been finally approved yet. When this occurs I am sure your lawyers will be sending out letters.
I strongly recommend that you contact your own lawyer to discuss the settlement.

Do you have the phone number to Guidant? I spoke with a lady named Lauren. My uncle passed away but had one of the faulty defibulators. When he passed we got a letter from the Guidant Settlement. I gave the letter to my Uncle's lawyer who had drawn up his will. When I try to go to the website it is no longer there. Lauren told me that the date had been pushed back to September to see if 95% of everyone involved participated or not (including those who were deceased). Please email me with anything, I would greatly appreciate it.

[a b gart]

WHY?? It appears 'nameless' law firm strategy seems to have been to coast until the settlement came close to being in its final stage. Then as NO after thought, "now we can get more money if we wait and settle the death lawsuit first". More time doing the paperwork means more $$$$'s. Folks its late in the game and this type of lackadaisical workmanship should not be rewarded. And, there ought not be more funds for being late in this process. This type of representation borderlines dereliction fo duty. It's sad.
Good Luck and don't expect funds until late 2008 of later.

[jdwaiting]

WHEN? Thats all we want to know.The amount of any settlement now is null. Why make everyone wait. Why won't the attorneys give any kind of information or updates? We are not waiting for a "handout", simply help, for a problem they created. Our legal systems suck, and it hasn't been about "helping others" , lawyers will make the $ on this one. Good luck to you all.

[g ohio]

tel it like it tis wrote:

me too

i have never seen it on the news or anyone talking about this.

[Markitta Ross]

What about settlements with people whose cases went to Indiana State Court? It seems as though some people are being left in the dark about settlements for them. They also got sick from zyprexa. My friend is one of them. Her case was sent to Indiana.

[g ohio]

yes all i have read is these topix on the net. i dont no if its been on 60min or any other tv talk show.maybe people could get help ther.good luck to all of you.