Choosing a Vioxx Lawyer and Law Firm
A primer on making an important
decision the right decision
This site does not recommend any individual law firms to represent you in a Vioxx lawsuit. It merely seeks to offer educated advice on what to look for in a lawyer or law firm if you believe you have a Vioxx claim.
CHOOSING A vioxx lawfirm
Choosing a law firm to represent you, especially for a lawsuit against Merck & Co., the maker of the prescription pain medication Vioxx, which was recalled from the market Sept. 30, 2004, could be one of the most important decisions you make. The right law firm can make the difference between settling a your Vioxx lawsuit for a pittance or for a significant sum, between losing at trial or winning a multi-million dollar verdict. And that's important if you have suffered a heart attack or stroke as the result of using Vioxx. (Merck's own study showed a higher incidence of heart attack and stroke among Vioxx users.)
Lawyers and law firms are not all alike - not by a long shot. That is especially true when it comes to complex or mass tort litigation involving prescription drugs such as Vioxx.
There are many lawyers and law firms who rarely, if ever, actually litigate medical malpractice cases. They don't negotiate settlements or go to trial against a major corporation such as Merck. They sign up clients and then "pass them off" - for a piece of an eventual settlement or award - to generally larger and better equipped law firms. The law firms that simply refer cases are sometimes known as "case brokers." When you hire such a law firm, you end being sent to someone else for legal assistance.
To whom? You don't know. It might be to a terrific firm with experience in complex litigation and a staff of lawyers ready and willing to fight to get you the most for claim. It might not be. Again, you just don't know. The choice isn't yours. And which law firm ends up representing you makes a difference, all the difference in the world.
Some law firms may have good intentions in representing you, but not the ability. Some simply don't have what it takes to make the most out of every lawsuit. They may not have the size, employing only a handful of attorneys and staff. They may not have the expertise, lacking lawyers who are battle-tested and effective in a courtroom. They may not have the resources, lacking experienced attorneys and staff to do the investigative legwork it often takes - especially in lawsuits involving a drug such as Vioxx - to bring a lawsuit to court and achieve the most successful outcome possible.
Because of this, some law firms wind up settling claims "on the cheap." Their attorneys take the first offer that comes along ... and their cut of it. That settles things quickly, but not necessarily with the best result for you. For that it takes time and effort. It takes a willingness to go to bat for you, and to go all out. Surprisingly, many firms don't, or won't, do that.
Take, for example, the current flood of claims against the New Jersey-based maker of VIOXX. Some law firms are signing clients up by the dozen with no intention of ever representing them. They will just "farm out" the lawsuits to firms that are better able to handle them - or maybe not. You just don't know.
Click here for a list of attorney resources and references
It is not only your right but your RESPONSIBILITY to yourself to ask questions before choosing a law firm and signing on the dotted line to be represented in a lawsuit. Hopefully, using the guidelines in this site will help you make the right choice.
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