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Yeah, but how much is the family getting and how much are the attorneys getting? I would not be surprised if the family is lucky to even get half a million
1 posted on 08/18/2007 10:37:07 AM PDT by Kaslin
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To: Kaslin

Bootleg humanitarianism is a plague that trial lawyers count on in persuading jurors to award outrageous damages.


2 posted on 08/18/2007 10:39:15 AM PDT by shrinkermd
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To: Kaslin
Yeah, but how much is the family getting and how much are the attorneys getting? I would not be surprised if the family is lucky to even get half a million

Oh I am sure the lawyer only gets about 40%, then the family has to pay taxes of 50%. They might see 15-20% if they are lucky of the amount they are rewarded.

3 posted on 08/18/2007 10:39:36 AM PDT by Always Right
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To: Kaslin

That award is over 700 years of income for the average Floridian. And we wonder why everything related to healthcare is so expensive.


6 posted on 08/18/2007 10:46:21 AM PDT by CGTRWK
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To: Kaslin
That is just about the most wrongheaded and ignorant statement that has ever been made on FreeRepublic.

Of course, this is just the jury verdict, not the judgment. The judge will apply the "tort reform" caps and limits. By the time that is done, it may well be that the judgment is only $500,000, but that is the fault of people like you, not the judge, jury, family, victim, or their lawyers.

Why on earth would you state that the family would only get half a million if the judgment were $25 million? On what basis could that EVER be true? NEVER!!!!!

A contingent fee agreement is a matter of contract. Why would any family agree to a contract in which they only got $500,000 of a $25 million dollar verdict? Hint: THEY WOULDN'T.

There are also ethical constraints on contingent fee agreements that they be reasonable. I have never heard of a contingent fee agreement that was more than 50%. Most likely, the fee here is 33%.

The envy and covetousness of people like you is destroying our judicial system.
8 posted on 08/18/2007 10:50:08 AM PDT by Iwo Jima ("Close the border. Then we'll talk.")
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To: Kaslin

“A 19-year-old pharmacy technician, with little training, misfiled the prescription, according to court documents.”

Too many “mis” words nowadays, I guess; the word above should be misfilled, not misfiled.

A search showed that only this version had the AP report with the misspelled word.


17 posted on 08/18/2007 10:54:41 AM PDT by Old Professer (The critic writes with rapier pen, dips it twice, and writes again.)
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To: Kaslin

I’m all for those paying for their misconduct or negligence. But to make people like John Edwards wealthy beyond their dreams is inexcusable.

As long as we have the number of ambulance chasing attorney’s we do, who also give honest attorney’s a bad name, we will continue seeing outrageous setlements that end up costing all of us.


21 posted on 08/18/2007 11:08:56 AM PDT by DakotaRed (Liberals don't rattle sabers, they wave white flags)
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To: Kaslin

I understand that the winner pays income tax on the gross amount of the award, then pays the attorney their agreed upon amount of 1/3rd or more on the gross amount of the award prior to taxes, and the winner gets the rest. Any attorneys out there that can shed light on this?


26 posted on 08/18/2007 11:43:34 AM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Kaslin

I don’t believe that was allowed through, the pharmacy I worked at was scared senseless of warfarin sodium 1mg and 10mg. Either of those got extra scrutiny.


35 posted on 08/18/2007 12:05:00 PM PDT by Brellium ("Thou shalt not shilly shally!" Aron Nimzowitsch)
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To: Kaslin
A 19-year-old pharmacy technician, with little training, misfiled the prescription, according to court documents.

I don't understand the role of the 'pharmacy technician'. Other than filling Rx at a cut rate salary.
If we don't need trained pharmacists to fill prescriptions why have them at all?
Any trained pharmacist would have caught this mistake.

That said, I think the award is over the top.

37 posted on 08/18/2007 12:17:32 PM PDT by Vinnie (You're Nobody 'Til Somebody Jihads You)
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To: Kaslin

If it stops Walgreen’s from putting UNQUALFIED 19 YEAR OLD PHARMACY “TECH”s in charge of prescriptions, then its worth it.


41 posted on 08/18/2007 12:32:42 PM PDT by Wolfie
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To: Kaslin
Beth Hippely was prescribed Warfarin, a blood thinner, in 2002 to treat breast cancer.

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.

43 posted on 08/18/2007 12:34:46 PM PDT by Jim Noble (Trails of troubles, roads of battle, paths of victory we shall walk.)
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To: Kaslin

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.


44 posted on 08/18/2007 12:35:50 PM PDT by My Favorite Headache (No One Gets To Their Heaven Without A Fight)
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To: Kaslin

Oh and I might add..the stores were in South Florida...this store in question in the article is also in Florida.


45 posted on 08/18/2007 12:36:31 PM PDT by My Favorite Headache (No One Gets To Their Heaven Without A Fight)
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To: Kaslin
Beth Hippely was prescribed Warfarin, a blood thinner, in 2002 to treat breast cancer.

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.

49 posted on 08/18/2007 12:39:43 PM PDT by Jim Noble (Trails of troubles, roads of battle, paths of victory we shall walk.)
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To: Kaslin

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.


52 posted on 08/18/2007 12:51:48 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Kaslin

I can see awarding the family in this case, but $25.8 million? That seems excessive.


57 posted on 08/18/2007 1:14:00 PM PDT by MEGoody (Ye shall know the truth, and the truth shall make you free.)
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To: Kaslin
A jury awarded $25.8 million Friday to the family of a cancer patient who was given a wrong prescription, had a stroke and died several years later, lawyers said.

I'd like to know more; the mistake was egregious, but I am suspicious that the prescription error was wholly responsible.

94 posted on 08/19/2007 12:08:02 PM PDT by Recovering_Democrat (I am SO glad to no longer be associated with the party of Dependence on Government!)
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To: Kaslin
The only way companies take resposibility for their incompetency is to pay through the nose for it.

Loss of money is the only thing that will teach them. Otherwise when they kill or maim someone because of their stupidity, they would only make a "heartfelt" apology then quickly get away from the people they harmed with no real accountability.

I have worked for copmanies that shortcut on design and testing to rush software into production. And you know what they fear the most if the customer data is compromised or people harmed?? Loss of money and loss of public face. they no longer do the thing right because its the right thing to do. Its a dollar decision all the way.

So I don't care how much the lawyers are getting its not even the point.

When companies are irresponsible they should pay through the nose. It is a poor substitute for morality and ethics though.

101 posted on 08/19/2007 12:44:41 PM PDT by ColdSteelTalon
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To: Kaslin

Walgreens deserves to pay but the award is way too high.


129 posted on 08/19/2007 2:35:14 PM PDT by Tall_Texan (Global warming? Hell, in Texas, we just call that "summer".)
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To: Kaslin

God, why don’t they ever have screw ups like this for me with pain meds? lol


141 posted on 08/19/2007 2:56:41 PM PDT by KoRn (Just Say NO ....To Liberal Republicans - FRED THOMPSON FOR PRESIDENT!)
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