Merck to fund Vioxx settlement in August

[OGL]

Concerned Help I couldn't find the information How did you ask the question?

[JOHNNIE36]

TSR IN LOUISIANA wrote:

JONNIE 36 could you tell me if your attorney were Matthewsw@Associates from Houston TX. or any one out there.I call them but never get the same answer.Just need a little help.THANK YOU.

That is not my law group. Haven't heard from mine for two weeks. They were supposed to have checks out by 10/31 but mine has not arrived. My attorney group is the VLC who I have been pretty happy with until now. I'm leaving on a trip and was hoping to receive my check before leaving. If it's not here when I get back, there is going to be hell to pay.

[OGL]

Anyone know what the statue of limitations is for indiana?? I'm not having any luck at finding this imformation.

[Sharae in IL]

Finally received my final check on 11/4. Check was dated 10/9. Letter dated 10/19. And no word about the funds withheld for insurance lein. So it's not quite over yet. But the majority of the money is now in my hands....yippeeeeeeeee!!!!!!

Good luck to all.

[Jerimiah]

OGL wrote:

Anyone know what the statue of limitations is for indiana?? I'm not having any luck at finding this imformation.

http://www.expertlaw.com/library/limitations_...

If Im reading it correctly, it is 2 years. From WHEN? I didnt read it closely enough, but the latest, I would think, is from the time you first filed againt Merck.(And that was MORE than 2 years ago!) You should be OK, but what do I know.(This "settlement has taken so many twists and turns....)

This is what I put in the google box to search for. Many one of the other sites listed has more info to help you.

"subrogation indiana statute of limitations"

[jerome]

JMAN-
You out there? What's happening w/ you???

[Grys]

Concerned wrote:

Hi to all - I got my recap sheet. FINALLY today at 5:30PM. reviewed it
will send back fed Ex Sat AM - Yippee -that is over.
next step - My check.
Then after that my lien money from Garretson !
.
The bottom line is the M/I Cases are moving along. That is -only if - the checks start going out next week from SW as promised to some of the people on the blog. I will keep ypu all in my prayers - God bless us all and our families too!

We are Very UPSET. still not recap. he told me. by the end of OCT. and they have my money for over a mo. and still not recap. so I am praying I get my money before Christmas. but unlikey.
I am Pissed at the ATTy office.

[wwl]

Concerned wrote:

"The statute of limitations restricts the time within which legal proceedings may be brought.
The statute action by an insurer starts from the date of the accident, not the date when the first of the affected benefits were paid,per the New York State Court of Appeals, United States"
I am so happy . NYS 3 yrs Texas 4 yrs.
Just google the question and add your own state.

I didn't sign the LRP, am setting aside $ in case the insurance company comes after me, but, that is how I am interpreting the statute, also....it is 3 years in our state, as well, which would negate any insurance claim or lein....thanks for the info.....

[wwl]

Problem I'm having in researching the subrogation law in our state is that most information is specifically for auto accidents....I am having no luck finding law for personal injury settlements...sure hate to call an attorney, have about had my fill of them

[jerome]

wwl-
I would try the Attorney General's office for the state of Michigan (I assume it's in Lansing). I have to believe they could connect you to someone who could handle these questions. Have you tried the AG's website for MI?
Good luck.

[Dick In Ohio]

wwl,is your insurance company a employer provider.If so you qualify under ERISA guidelines which supercede state laws.I have provided the codes below for you to see the codes & sections.If by chance they later come after you and you are indeed Erisa be sure to remind them that the original filing of them for a piece of YOUR pie they quoted ERISA and tried to use it against all of us.Should be a slam dunk.Best wishes for all of us as always.

ERISA § 514(b)(5), 29 U.S.C.§ 1144(b)(5), exempts portions of the Hawaii Prepaid Health
Care Act from ERISA preemption. Similar state "savings" provisions are pending in Congress.
V. Statute of Limitations
A. Breach of Fiduciary Duty Claims
1. Statute of limitations.
a. ERISA contains an express six year statute of limitations for actions for
breach of fiduciary duty. The statute of limitations runs from the date of the occurrence of the breach
or, in the case of an omission, the last date on which the breach could be remedied. ERISA § 413,
29 U.S.C.§ 1113.
b. The action must also be brought within three years after the plaintiff
receives "actual knowledge" of the breach. A split in the Circuits exists regarding the meaning of
"actual knowledge." Compare Brock v. Nellis, 809 F.2d 753 (11th Cir. 1987)(defendant must show
that plaintiff had specific knowledge of a breach of fiduciary duty) with Martin v. Consultants &
Adm'rs, Inc., 966 F.2d 1078 (7th Cir. 1992)(defendant must show that plaintiff knew of the facts or
transaction that constituted the alleged breach; not that a breach occurred).
c. If the defendant engaged in fraud or concealment, the action must be
brought within six years of the discovery of the breach or violation. ERISA § 413(2), 29 U.S.C.
§ 1113(2).
2. Accrual.
a. A breach of fiduciary duty action generally accrues when the plaintiff learns
of the breach. Waller v. Blue Cross, 32 F.3d 1337 (9th Cir. 1994).
b. A breach of fiduciary duty action involving a plan amendment allegedly
adopted in violation of ERISA generally accrues when the plan was amended, not when the
participant receives benefits reduced as a result of the amendment. Larson v. Northrop Corp., 21
F.3d 1164 (D.C. Cir. 1994).
c. A breach of fiduciary duty allegedly involving fraud or concealment accrues
on the date the plaintiff would have discovered the breach by exercising reasonable diligence. J.
Geils Band Employee Benefit Plan v. Smith Barney Shearson, Inc., 76 F.3d 1245 (1st Cir. 1996)
(participants and fiduciaries should have been alerted to the possibility of fraud by information
contained in their monthly statements).
B. Benefits Claims

[Dick In Ohio]

wwl,the date it starts is (6) years from the day of the event,MI or IS .Or (3) years from the day your case was filed and the insurance company had knowledge of your suit against Merck.Hope this helps.

[stem7]

Dick In Ohio wrote:

wwl,the date it starts is (6) years from the day of the event,MI or IS .Or (3) years from the day your case was filed and the insurance company had knowledge of your suit against Merck.Hope this helps.

I don't understand .... exactly how long do insurance companies have to "catch up" with you. How would the insurance company have knowledge of your suit?(SORRY .. ALITTLE SLOW)

[Dick In Ohio]

stem7,the day your case was filed against Merck,your name and all the rest of us was posted and became public knowledge.The insurance bloodsuckers started compiling a list to compare thier insured against.At that point they had knowledge and filed papers to get a piece of your pie.So by ERISA codes ,it is (3) years from the date of the court filing.So if your attorney filed like May 10th of 2006,the statute ran out on May 2009.I hope this is clearer for you.

[wwl]

Dick In Ohio wrote:

stem7,the day your case was filed against Merck,your name and all the rest of us was posted and became public knowledge.The insurance bloodsuckers started compiling a list to compare thier insured against.At that point they had knowledge and filed papers to get a piece of your pie.So by ERISA codes ,it is (3) years from the date of the court filing.So if your attorney filed like May 10th of 2006,the statute ran out on May 2009.I hope this is clearer for you.

Dick, as usual, your information is valuable and knowledgable...thank you...yes, my insurance was paid for by my employer, so I will research the Erisa codes....haven't received my final payment, yet, but Fedex phoned on Friday and said they had a delivery from my law firm for Monday. According to the attorneys' office, no insurance lein is being held out...we'll see...thanks, again, hope everyone gets a resolution soon on this mess.

[wwl]

Dick in Ohio, if I could trouble you with one more question: The pretrial order #54 listed claimants names, with insurance companies next to the names. Who was supposed to be listed in that order? People who signed up for Lein Resolution, or those who did not? I read the order, have lost the website, but was not sure why the claimants were listed, as inclusive or exclusive

[Dick In Ohio]

wwl,those names listed were those of us whom DID NOT sign the LRP papers.It is available in the PO#54 at the end.Thanks for the kind words and best wishes to you & yours.

[wwl]

Dick In Ohio wrote:

wwl,those names listed were those of us whom DID NOT sign the LRP papers.It is available in the PO#54 at the end.Thanks for the kind words and best wishes to you & yours.

Thanks, Dick.....I did not sign the LRP, and my name is not on that list....hope I will "fly under the radar", but have the info you gave me if the insurance company, somehow, finds me...

[stem7]

Dick In Ohio wrote:

stem7,the day your case was filed against Merck,your name and all the rest of us was posted and became public knowledge.The insurance bloodsuckers started compiling a list to compare thier insured against.At that point they had knowledge and filed papers to get a piece of your pie.So by ERISA codes ,it is (3) years from the date of the court filing.So if your attorney filed like May 10th of 2006,the statute ran out on May 2009.I hope this is clearer for you.

I think my case was actually filed before that ....are you saying that the statute has already run out? Why then, the big push for the Lien Resolution? I thought that they could come after you any time they want.

[Concerned]

Dick -can you answer this,if you know...-If I were from NY why would Erisa outweigh NYS Court of Appeals ?- for example date of MI 9/03 3yrs are up9/2006). And, using the date I filed the vioxx lawsuit and it posted on a court docket 9/8/2006. So that is up also, correct ??