It’s 2014: Lessons for the New Year. . .

Time keeps rolling on and the most many of us can do is wait. In the meantime, this is what I’ve learned about the lawsuit up until now:

  1. HAVE ZERO EXPECTATIONS! Nothing ever happens as fast as you hope or in the way you were expecting.
  2. From when you receive a settlement offer to the time you get a first check can be 12 months. Yikes!
  3. Compare and contrast all paperwork requiring a signature. Make sure there are no nasty surprises hiding in whatever you sign.
  4. There is very little consistency between law firms. Each seems to be working the process differently and dealing with Bayer differently.
  5. Not everyone is working with Garretson on the Lien Resolution.
  6. Lien Resolution can take FOR-EV-ER!
  7. Patience is your greatest virtue (and your ability to keep busy and just ignore that any of this is happening).

Wow, 2014! In some aspects I can’t believe how quickly the time has flown by, but in other instances it has seriously draaaaaaaaaaged. It’s been just over 3 years since my PE/DVT episode and I’m not any closer to settling my case. Part of me is OK that it’s taking so long, because, at this point if a settlement comes around it will be a bonus. If the experiences of everyone else have taught me anything it’s to have ZERO expectations.

I’m sorry for not posting much, but I’m so glad the comments sections have been busy with helpful information, tips, and encouragement from the rest of you. Some of our community members have received initial checks (YAY!!!) and some have started the settlement process. Many of you are knee-deep in the lien resolution process, which seems soooooo frustrating! And, some of you are where I am – still waiting for any tidbit of news or information about a possible settlement.

Here’s what I hope for all of you in 2014: I hope that all of you find peace and patience with wherever you are in the process. Β I hope that your bodies continue to heal and that your injuries (both physical and mental)Β fade with time. I hope you keep sharing your stories and keeping warning others of the dangers of these drugs and teach them the importance of listening to their bodies. I hope that NONE of you ever have another clotting episode, EVER!

Here’s to a healthy, prosperous, and happy 2014!

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32 comments

  1. Mrs. T

    Thank you! You are truly a phenomenal woman! This blog has been so helpful in my process, both mentally and spiritually. I am saddened by how many have been injured by these drugs. However, I was lucky enough to have gained a precious little boy from it. This site has given many people guidance and understanding of the whole process (which is hardly an organzied process-lol). There is hope…I can attest to as I am one who just received my 1st check in late Dec.

    I just wanted to give you the accolades you deserve for starting and keeping this site going. May you continue to heal as you wished for us all and I pray that 2014 will bring as much closure as possible to all of us.

    Thanks again…xoxo

    1. @Amy, that’s really sweet of you to say. Even though my case isn’t really moving along, I’ve found the upkeep of the blog cathartic. This blog doesn’t get a lot of traffic, but I’m glad it’s been able to offer some of you a place for support and at least partial understanding (haha, I know, right?) surrounding this lawsuit. I never in my life expected to be involved with a lawsuit like this. It’s intriguing and at the same time frustrating. Thank you, Amy, for your participation and support. Hope 2014 brings you good news and closure.

  2. Mrs. T- Thanks for that post!!! Sometimes it’s difficult not to get caught up in, “When will I get my check?” That’s where I am right now and I literally had to take a step back a couple of days ago because I let this get to me so bad that the stress was making me physically sick. I need to just let it go and when it comes it comes!!! I don’t need to make myself again that’s for sure!!! I am blessed by all of you on this site and you are all in my prayers. I wish that I had endless funds so I could go fight to make this process easier for others in our position (even with other drug related injuries besides yaz, etc.) but of course I don’t so I will just have to pray for strength for all of us while we wait πŸ™‚

    1. @T, I appreciate you sharing so much of your journey with us. I think stepping back and taking a break from all of this is good. You’ll get your good news soon, I’m sure of it. . .and by soon, I mean in the next 6-12 months (quiet laugh fading to pathetic tears). . .haha just kidding. You’re doing great and are that much closer to the end.

      1. Thanks Mrs. T πŸ™‚ I feel a lot better and am really trying not to let the stress and anxiety get to me. I will still follow posts and update you all but I am just trying not to dwell on it all day long like I was. It makes it difficult when finances are tight but hey, we have been through worse, right? Ha Ha πŸ™‚ I feel blessed because I know my case has actually moved faster than others and so I really have no right to complain. We are all very Blessed to have each other to vent/talk/support, etc. on this site and we thank you for that!!!

  3. Hi everyone, I am barely starting this journey and have been enlightened by your life experiences. My daughter was paralyzed from the neck down since she was 21 months old. She started taking Yaz when she was 18 and when she was 19 she developed DVT in both thighs and periodic PE’s until her death last March. She was 21 years old. I am fairly confident she died of a PE even though the docs refused to do an autopsy due to her disability and I really didn’t feel like I needed to push it.

    This week out of the blue a call center called to ask me if I had ever taken Yaz. I said no but she had…was transferred several times and ended up talking on the phone to someone who wanted my signature to reach a settlement. This sounded hokey and like a scam so I went home, discussed with my husband and did some research. The lawyer who contacted me wanted 45% so I did some more lawyer research and found one I liked who wants 40% which sounded more average. I am going to sign papers and start this process tomorrow.

    Any advice? Besides to be patient. πŸ™‚ Thank you for this site. This has been a bit of an emotional roller coaster.

    I will be praying that you all get your settlements soon. God bless you!

    I will be praying that you all

  4. ((HUGS)) Waiting is horrible…I’m sitting on my fingers to keep from emailing my law firm. It’s hard to keep yourself from putting so much hoping into the hoping of money soon! I had truly expected to have been finished with this within 12 months beginning to end! I’m now sitting at month 15 and my file is still in the queue somewhere and it hasn’t even made it past the Bayer paralegals! But seeing that other people are making progress is encouraging!! I feel like we need a toast kind of like the one at Passover “Next year in Jerusalem” lol for us “Next year out of Liens” or something lol Hang in there!!

  5. caroline b · · Reply

    Today I received a small piece of good news. My lien has been clear and completed in the amount of 4% of the gross, which is what I was hoping for. That means that the only thing I have to wait for now is for Bayer to fund qsf and for the defense attorneys to release the funds. I spoke with the guy at the qsf company handling the settlement funds and he said that one of the clients in my group has dual representation and the 2 different attorneys can’t come up with an agreed shared settlement, I believe, so that 1 client is holding up the rest of us. Once that issue is settled, Bayer has up to 20 days to fund qsf. After that, it could take another several weeks to get defense to release the funds. 10% of the net will be held back to wrap up any possible loose liens and expenses, and the rest will be sent to me. The 10% or the part not being used will be send shortly after, I believe. At least the lien is done so I am one step closer!

  6. Jennifer C · · Reply

    thank you so much for this blog and for everyone that has commented I have learned so much from this blog and even though my lawsuit journey is almost complete, the Yaz journey is never over. We will forever worry about getting another blood clot, we will forever worry about what BC to use, its just a good feeling to know that there our other women out here like me that I can worry with πŸ™‚

  7. Anonymous · · Reply

    My Yaz-related hospitalization back in 2003 resulted in bankruptcy in 2004. I just found out that Bayer isn’t going to release my funds unless my bankruptcy case is re-opened and my settlement amount is claimed as an asset and exempted by the bankruptcy trustee. This is so frustrating. My case was going way-too smoothly- I should have known there would be some sort of glitch!

  8. Anonymous · · Reply

    Has anyone received any settlements as of yet?? My lawyer said he would contact me after Jan 15h but have heard nothing

    1. Yes, the majority of the women posting here have received settlement offers (some have even received an initial check). Several are simply waiting for their lien resolutions to be completed. Browse through the comments, lots of good info here. It doesn’t hurt to call or email your lawyer, it’s their job to keep you informed. Best of luck!

  9. Hello everyone! Great news! I just got an email from my attorney saying that they have heard from the defense and they have authorized the release of the 70% of my funds into their account. She said that it could still take a few weeks to get the check out to me but that it shouldn’t be much longer! She said she’d let me know when the check is on it’s way!!! I also recently learned that Garretson has sent my liens off to the defense for approval to release the other funds. I confirmed with my attorney that they would still be the ones hearing from the defense and sending me that check when it is ready and she said, “Yes.” So, it seems that it’s almost here! I will keep you guys posted!!! I’m still not sure if I get 70% of my gross settlement amount or 70% of the amount after the attorney’s fees, etc. I guess I will find out πŸ™‚

    1. T!!!! That is fantastic news! I can only imagine these next few weeks will feel painfully long, but 70% is awesome, plus it sounds like they’ve taken care of the liens too, so you’ll be getting all your funds sooner rather than later. Excellent! You’ve totally made my day. My guess is you are getting 70% of the net amount after attorney’s and judge fees. Congrats, you’re so close to the end of this.

      1. Mrs. T – I realized after I typed my comment that I said I wasn’t sure if I was going to get 70% of my gross settlement or 70% after lawyers, etc. ha ha! Obviously I wish I was getting 70% of the gross πŸ™‚ I meant, I’m not sure if they hold back 30% of the gross settlement or 30% after attorney’s etc. Ha Ha πŸ™‚ Anyway, yes, it is going to be a long few weeks! I feel like a little kid waiting for Christmas! I hope that the timeline of Garretson getting approval from the defense will be the same as my attorney getting approval from them because that was a little less than 2 months and it would be great to get my other 30% (minus the liens they are paying) only 2 months after my initial check. Either way, I will definitely let you guys know as it unfolds!!! Hang in there all πŸ™‚

    2. FYI…The 30% they withheld from my initial check was from the Gross settlement amount. So the 2nd check I receive (pending I don’t have to pay anything back) is actually for more than the 1st check!

      1. Thanks Amy! That’s what I figured but wasn’t sure. It’s been over 2 months since you got your initial check – are they giving you any timeline on your 2nd one? It seems sort of odd to me that NO ONE (at least that I know of) has gotten the 2nd payment – doesn’t it? I mean, if the liens are settled or there are no liens then it should take the same amount of time for the defense to authorize the release of funds as it did for them to release the 1st check but it doesn’t seem like that is happening. What do you guys think?

      2. When I inquired about it at the end of January my attorney said maybe 30-60 days…but that it was an estimate. It is crazy, especially since he did say my lien process was done. I will definitely keep you posted if I hear anything else. I’ll give it another 2 weeks or so before I stalk him again..lol

      3. I got an email from a nice lady at Garretson. When she told me that my lien resolution was complete and that they had to send it off for approval from the defense I asked her if she knew how long that takes or if she knew the process. She said she didn’t but she attached an email that she sent to 2 of her co-workers asking them. When she got back to me Monday, this is what she wrote: “The request for the release of funds will take place the first week of next month (April), which will then have to be approved by the defense. Once we have received approval it will take approx two to three weeks for final payment to take place.” So, at least this is some sort of a time-line. This means that I could possible see those funds (the 30% hold back) at the end of April or at some point in May. Also, it’s been a week since my attorney said they got the approval to release my 70% and she said it could take a few weeks so hopefully I will get that this week or next week. I will let you guys know! Just wanted to post that bit of info πŸ™‚

      4. Thanks for the info T! Keeping my fingers crossed that we hear something soon πŸ™‚

  10. Thanks Amy! I hope that it is only 30 days for your sake πŸ™‚ I want someone in our forum here to get the 2nd check soon so that we know that it actually happens ha ha!!! We will wait to hear from you πŸ™‚

  11. Just following up…It’s nearly the end of March and I haven’t heard a peep from anyone…a few more days and I start the stalking process again πŸ˜‰

    1. Thanks for the update Amy! I haven’t heard anything about the release of my initial check yet and it’s soooo frustrating. She said it can take a few weeks but it’s been 3 weeks today and I haven’t heard anything!!! I will keep you posted and can’t wait to hear from you. It sounds like Mrs. K got her 2nd check so we now know that they are actually paying it ha ha πŸ™‚ I was seriously starting to wonder!!!

  12. GREAT NEWS!!! My Attorney emailed me yesterday and said that she had my 1st check (the 70%) on her desk and she would be sending it out by Fed Ex (at my cost) and I am waiting for it to be delivered today!!!! I cannot believe that a check is actually on it’s way. It seems so unreal! Garretson is supposed to be getting approval from the defense to release the rest of my funds but judging by the amount of time Amy has already waited (and still no 2nd check) I will expect it to take a few months or so. Anyway, I wanted to let you guys know to give you hope!!! I will also keep you posted about the 2nd check. Hang in there everyone. There is a light at the end of the tunnel πŸ™‚

    1. That is AWESOME news, T! Hearing this totally made my day. Congrats!

      1. Thanks Mrs. T – I almost felt guilty posting it because I know what you are all going through – but I know that it helped me to see when positive things were happening for others because it gave me hope during this terrible process. You are all in my prayers and I will keep you posted on my 2nd disbursement πŸ™‚

      2. I’m so glad you did post. I prefer to share in the joy of other people nearing the end of this particular journey than dwelling on “when” regarding my own. Yay!!!

  13. Thanks Mrs. T πŸ™‚ You are always very positive and encouraging and we all appreciate you!!!

  14. Hello everyone this is my first time on here and I am at the lean resolution phase right now I have been waiting almost 2 years to get to this point and it is a long struggle for me since I had my dvt in 2006. I have other health problems I deal with and this is a blessing for me cause I could use the money but for now trying to keep my mind off of this situation cause it makes me go crazy cause they take so long! I just wish this would be over cause I don’t think it will be but then again maybe but we will see what’s happens and ill keep u posted when I here anything I hope soon thanks

  15. Hello everyone πŸ™‚ I wanted to update you all and let you know that I got my final check!!! My attorneys sent it out on May 14th and I got it on the 16th. I had to wait for funds until Wed of this past week because they send a check and the banks put a hold on them ugh! Anyway, the funny thing is that this was supposed to be the final 30% but it was almost $7500 more than my first check. I guess because of all the MDL and attorney’s fees that they took from the first one! Anyway, it has been a long journey and I hope this encourages you all to hang in there and remember that there is light at the end of the tunnel!!! God Bless you all and I will keep checking in on everyone!!!

  16. Hi I’m new here but can anyone clear things up for me. My attorneys said hypothetically my case and 16 others settled and my award as 160,000 minus attorney fees of 40% and some other fees that they won’t itemize for me. But it seems I’m getting the short end of the stick also the release they want me to sign doesn’t have the right amount on it doesn’t state when I’ll get paid or that I even am getting paid. the attorney said that once they receive the signed release from all of us it would take 20 days to get the check. they didn’t mention holding anything back I was involved in a car accident in 2005 and that’s when I developed the blood clot so health insurance was paid at that time so I have no liens. One more thing my Dr. told me that once you developed a clot your more likely to get more and I did last year I had a P. E. and this last Dec I was hospitalized due to the warfarin I have to take for the rest of my life it was causing me to bleed to much so now I’m on Lovenox injections I know I told my attorney about all this but it appears they only went of my original DVT. Does anyone else have several other fees coming out of their settlements? What is a typical settlement amount after attorney and other fees basically what are any of you actually recieving?

    1. Other than the 2% MDL fee, I only had about $1,000 of other misc. fees. including the lien resolution fee. I didn’t have to pay health ins. back so I received about 60% of the settlement offer.

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