Legal Ethics
Vioxx Settlement Amended to Allow Attorney Advice to Clients
Posted Jan 18, 2008, 06:12 pm CDT
By Martha Neil
Attorneys overseeing a proposed $4.85 billion settlement with Merck & Co. over its withdrawn Vioxx drug have reportedly amended a controversial provision that could have required some plaintiffs' lawyers to advise all or none of their clients to take the deal.
Initially, some attorneys expressed concern about language barring lawyers whose clients participate in the settlement from representing those who opt out. That, the plaintiffs' lawyers contended, could interfere with their independent professional judgment, potentially conflicting them out of some representations, as discussed in an earlier ABAJournal.com post.
But now the lead lawyers have amended the November 2007 pact to direct attorneys to exercise their "independent judgment in the best interests of each client individually before recommending enrollment in the program," reports the Associated Press.
"I'm satisfied that nothing in the agreement imposes on a lawyer any impermissible restriction on the practice of law," U.S. District Judge Eldon Fallon told lawyers for both sides today during a New Orleans hearing.
At least 85 percent of those who claim the painkiller caused their heart attacks or strokes must accept the Vioxx deal by Feb. 29, if it is to proceed, another ABAJournal.com post explains.
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Comments
Posted by Plaintiff - 8 months, 2 weeks, 5 hours, 50 minutes ago
The amendment only changes the wording in the Settlement. The lawyers still have to fire their clients if they opt out of the agreement. So who did this help? Not the plaintiffs ! This settlement is stacked againt the plaintiffs from every standpoint.
Posted by Butch - 8 months, 1 week, 5 days, 2 hours, 48 minutes ago
The Amendments do not substantially alter anything ethically as far as I can tell. It simply says that they will exercise independent judgement before recommending it to 100 percent of their clients, and of course, still withdraw from any who don’t wish to settle.