Is the End in Sight?

Well, that might be wishful thinking, but I did hear from my lawyers confirming our settlement negotiations will take place this month and next. So far that means very little to me since I’ve heard how long the settlement process actually takes (6+ mo). I’ll try to update information about the process and timelines, so others may know what to expect, although each law firm will likely experience something slightly different. Cases are being settled by law firm (not by severity or date you filed your claim) and their being settled in batches of similar cases. I don’t know how they are choosing which law firms settle first, but I know I’m definitely NOT one of the first.

I’ve posted the following comment from the Saiontz & Kirk law firm website in one of my own comment threads, but thought I would share it again:

I replied a while back, but it never posted. For those interested in the settlement process, once you finally receive the settlement letter it can be more than the 90 days it says for them to sign off on the settlement. Once that’s done, you will receive release papers. From there it takes 30 days and then an additional 30 or so days for it to sit in the court to verify if you have back taxes or medical liens. I’m still waiting to receive my settlement, but apparently my 30 day court review period is almost finished. The settlements do come, but from my experience can take a while. Best of luck to everyone.

Since my settlement process has only just begun, it will be interesting to see how similar it is to Randi’s.

Until I hear from my lawyers again, I’m trying not to think too much about settlement amounts and the slim chance of actually sticking it to Bayer. I only wish my husband and I were wealthy enough to hold out and not accept any kind of settlement (if we are even offered one). I wish at least a small group of plaintiffs would refuse the settlement and tell Bayer to go f**k itself. Judge Herndon seems determined to push settlements, so I’m not sure what that means for anyone who wants to proceed with the lawsuit.

Oh, and did I fail to mention how frickin’ SICK I am of taking blood thinners!!! My Lovenox alarm went off over an hour ago and I’m procrastinating taking my shot. It’s not that the shot are very painful, it’s not that it’s a big production, but after nearly two years I’m just so damn sick of doing them. My stomach is completely bruised right now, which I’m tempted to post a picture of, but I don’t think anyone would really want to see that. At the end of the day though, Lovenox shots are still better than Coumadin.



  1. Mrs. T, I also heard from my Lawyers and my case is on the list for their February meeting. I’ve tried to keep from asking too many questions at this point to keep my expenses down, and the questions I want answered they can’t tell me anyway…My pressing question is once the settlement is agreed to how long until a check is in my hand? I have several family members and friends who believe I will never see more than $75 out of this..but I keep telling them that even if that is all I ever get it’s more than I had before…it would suck and I would figure out a way to pay everything off, just like I did pre-suit…

    I’m so sorry, I can’t imagine still being on blood thinners! I’ve been off all of my post-PE meds for 16 months now I’m just taking asprin as a preventative measure. My insurance only paid about 40% of the Lovenox outside the hospital and I couldn’t afford to take it at home so I had to go onto the Coumadin. I pushed pretty hard to come off it after I had my hysterectomy. My blood count was always low because of the severe bruising.

  2. Hi Shana, Glad you heard from your lawyers too. I think most of us are asking the same questions you are and although I’ve heard these settlements are happening way faster than in other MDL cases, I wouldn’t expect to get paid quickly – there is a reason so many settlement loan companies exist.

    I too have tried not to bother my lawyers too much in order to keep my costs down, but at the same time I want to be informed of the work they are doing on my behalf. Since my blood clot treatment is on-going are they still collecting my medical records? Are they aware of my doctor’s recommendation to stay on blood thinners for life? Are they taking into account future costs of my ongoing care (specifically if I ever get pregnant again since I’ll have to go back on Lovenox)? And god forbid I ever lose my health insurance, what then? Basically all my questions are about the evaluation process.

    Lovenox is gawdawful expensive, I couldn’t image my insurance company only paying for 40%, Yikes! Hang in there, Shana. My hope for all of us is that we’ll be finished with the MDL before the end of 2013.

  3. I’m glad that you’re settlement process is going through with some speed however I do want to let you know I signed my settlement paperwork back in August and I’m still waiting to hear if I have any liens. my advice would be to go ahead and have your lawyers find out if you have any liens before you sign your paperwork because if you do it comes out of your portion of the settlement not the lawyers or the whole amount. I have been waiting 60 days to find out if I have any liens and I still haven’t gotten any information back yet.

    1. Hi Nicole, thanks for your insight. I’m not expecting the settlement process to be a quick one. Based on what I’ve found it can take between 6-8 months to get anywhere close to receiving a check. Nor do I have high hopes for a large net settlement amount, I’m too cynical for that. Best of luck to you. I hope they get your leins worked out soon. I’m working on another post based on some interesting lein resolution info I found on another lawyer’s blog. Stay tuned.

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