Posted on 08/18/2007 10:37:04 AM PDT by Kaslin
If it stops Walgreen’s from putting UNQUALFIED 19 YEAR OLD PHARMACY “TECH”s in charge of prescriptions, then its worth it.
I got $1.86 check, $3.48 coupon, and $10.00 off coupon in the last 10 years for the same kind of class-action cases.
Lawyers got tens of millions in each case. Lawyers are pondscum!
Warfarin, of course, does not treat breast cancer.
"Beth Hippely died unnecessarily because this tenfold overdose with Warfarin by the pharmacy she trusted caused her cancer to come back with a vengeance..."
Absurd.
Walgreens screwed up 2 scripts with me over the years...this is as serious as it gets. My father had a massive stroke at 37 and was paralyzed on his right side and lost his speech...so my mother always had to check his scripts and sure enough one night it was the wrong heart medicine in his bottle he was about to take.
It was purchased at Walgreens.
Oh and I might add..the stores were in South Florida...this store in question in the article is also in Florida.
Lawyers in Florida get 33 1/3 %...it is state law.
Yes, it's all the defense's fault. They should just cough up however many million dollars silky pony or one of his ilk names, and not waste a court's time.
Justifying compensation from someone else by the time you chose to put into something he didn't ask for or want is obscene. We all pay for it.
Warfarin, of course, does not treat breast cancer.
"Beth Hippely died unnecessarily because this tenfold overdose with Warfarin by the pharmacy she trusted caused her cancer to come back with a vengeance..."
Absurd.
The 'warfarin to treat cancer' portion is absurd.
The 10 times dose causing a brain hemorrhage is for certain.
I have walked into some pharmacies where they have the tech’s filling scripts up because they are so slammed and need to get the orders out quickly.
It is probably 5-8% out of the year that stuff like this happens across the country...but it does happen and stores do use tech’s when it gets busy. I have seen it with my own eyes.
It will not be 40%.
The Florida Bar has a formula for all judgments over two million. Lawyers are obligated to follow those guideline absent a judicial petition due to special needs.
Just off the cuff I think it will be less than 20% when all is said and done.
Well, they have this little thing called a trial, where those facts are examined, and then the jury decides.
I have no idea what this means. However what I do know is that both sides probably know whether the defendant was negligent or not, and what damages can be shown to the court or jury as reasonable compensation. Which is why most cases are settled long before the trial is ever scheduled.
This is the Florida Bar Regulation on Attorney fees AFTER a lawsuit has actually been filed:
b. After the filing of an answer or the demand for appointment of arbitrators or, if no answer is filed or no demand for appointment of arbitrators is made, the expiration of the time period provided for such action, through the entry of judgment:
1. 40% of any recovery up to $1 million; plus
2. 30% of any portion of the recovery between $1 million and $2 million; plus
3. 20% of any portion of the recovery exceeding $2 million.
c. If all defendants admit liability at the time of filing their answers and request a trial only on damages:
1. 33 1/3% of any recovery up to $1 million; plus
2. 20% of any portion of the recovery between $1 million and $2 million; plus
3. 15% of any portion of the recovery exceeding $2 million.
d. An additional 5% of any recovery after institution of any appellate proceeding is filed or post-judgment relief or action is required for recovery on the judgment.
Now now, you shouldn’t confuse them with facts. It is the lawyers that are making all the $$$, and they know that because, well, someone else said so.
I can see awarding the family in this case, but $25.8 million? That seems excessive.
yes and they don’t mention the suits that settle, or are lost.
Don’t forget, florida requires the parties mediate before trial.
I have seen many failed mediations where the defendanats could have avoided astronomical fees end with jury verdicts like this. (hundreds of thousands vs millions)
They also forget that lawyers collect zero on zero judgments. Often times refering their clients to a bankruptcy attorney because of the medical bills.
I honestly expect this verdict to be reduced either by the judge, the appelate courts (assuming appeal and walgreens posts a bond) OR the parties agree to a lesser amount to forgoe the appeal.
So it would seem to me that the family could shop around for a more reasonably priced lawyer if this case was a slam dunk and pay less than your assumed 40%. But as I implied, if the lawyers lose the case, they do not get a dime. The family hired a lawyer knowing what the costs of hiring that lawyer were. The lawyer took the case, banking on a huge settlement. If it were not so, the family likely would not be able to afford a lawyer who has the skill to get this type of settlement and very likely the family wouldn't have gotten a dime.
I do not know if the settlement is just, or warranted as I did not sit in the courtroom and hear the evidence, but I am not ready to slam a lawyer because he worked on contingency and won the case.
I do, but “Always Right” wasn’t complianing about court cost, just the fact that the lawyer got paid for winning a case...
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