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Message
UNInteresting Legal predicament
Posted on 10/1/14 at 4:03 pm
Posted on 10/1/14 at 4:03 pm
I know, I know, this not really asking for legal advice on the OT lounge. I am looking at attorneys right now, but I thought it would be an interesting topic of conversation.
Background: My mother-in-law went to the hospital two years ago for some routine testing for a medical problem she was having. Her condition got worse in the hospital and she died. Something did not seem right.
It turns out that the medication that she was taking at the time of her death may have caused her death and the company that makes the drug is getting sued left and right.
My wife, who is a nurse who specializes in running clinical trials for drugs, read about the lawsuit in a medical journal, recently, and called the lead attorney of one of the suits. She wants answers as to why her mother died. She signed a contract with this attorney to look into whether or not her Mother's case qualifies to belong in this suit. The contract clearly states that she will get all the information from the suit, plus a share of the settlement, if any. The attorney only gets paid if there is a settlement, and only if there is a settlement.
My wife's sister refused to sign the contract, because she is afraid that the lawyer is going to drop the suit and somehow bill her for expenses up to that point. In other words, she doesn't want the risk. Note that this sister is the executor to my MIL's estate. She also has made it clear that although she doesn't want to sign a contract with the lawyer, she wants her share of the settlement, since she is part of my MIL's estate, through which the suit will be filed.
My wife has to fly home and be sworn in as executor because of this, so that they can be part of the suit. The executor is needed to get the medical records, and must sign contract which authorizes the attorney to get these records.
My questions are:
1.) Does my wife's sister have a legitimate concern about incurring expenses?
2.) If my sister-in-law truly doesn't want to be "at risk", shouldn't she sign a paper specifically excluding herself from having any part of the suit, risk or reward? If she doesn't, isn't she still at risk because it will be the estate that is filing, not her, personally?
Again, I will be asking an attorney these questions, but are there any other questions I could ask?
Background: My mother-in-law went to the hospital two years ago for some routine testing for a medical problem she was having. Her condition got worse in the hospital and she died. Something did not seem right.
It turns out that the medication that she was taking at the time of her death may have caused her death and the company that makes the drug is getting sued left and right.
My wife, who is a nurse who specializes in running clinical trials for drugs, read about the lawsuit in a medical journal, recently, and called the lead attorney of one of the suits. She wants answers as to why her mother died. She signed a contract with this attorney to look into whether or not her Mother's case qualifies to belong in this suit. The contract clearly states that she will get all the information from the suit, plus a share of the settlement, if any. The attorney only gets paid if there is a settlement, and only if there is a settlement.
My wife's sister refused to sign the contract, because she is afraid that the lawyer is going to drop the suit and somehow bill her for expenses up to that point. In other words, she doesn't want the risk. Note that this sister is the executor to my MIL's estate. She also has made it clear that although she doesn't want to sign a contract with the lawyer, she wants her share of the settlement, since she is part of my MIL's estate, through which the suit will be filed.
My wife has to fly home and be sworn in as executor because of this, so that they can be part of the suit. The executor is needed to get the medical records, and must sign contract which authorizes the attorney to get these records.
My questions are:
1.) Does my wife's sister have a legitimate concern about incurring expenses?
2.) If my sister-in-law truly doesn't want to be "at risk", shouldn't she sign a paper specifically excluding herself from having any part of the suit, risk or reward? If she doesn't, isn't she still at risk because it will be the estate that is filing, not her, personally?
Again, I will be asking an attorney these questions, but are there any other questions I could ask?
This post was edited on 10/1/14 at 4:47 pm
17
Posted on 10/1/14 at 4:05 pm to Jax-Tiger
As a lawyer, let me assure you...this is not interesting.
Posted on 10/1/14 at 4:06 pm to Artie Rome
quote:
As a lawyer, let me assure you...this is not interesting.
That's subjective. Overruled. But I changed the title, anyway, because I don't care...
This post was edited on 10/1/14 at 4:08 pm
Posted on 10/1/14 at 4:06 pm to Artie Rome
Your SIL sounds like a count.
Posted on 10/1/14 at 4:07 pm to Jax-Tiger
quote:
It turns out that the medication that she was taking at the time of the lawsuit may have caused her death and the company that makes the drug is getting sued left and right.
At the time of the lawsuit? What lawsuit?
Also what drug is it?
Posted on 10/1/14 at 4:07 pm to Jax-Tiger
I can't even
Posted on 10/1/14 at 4:09 pm to Janky
quote:
Your SIL sounds like a count.
Yeah, you're right. My wife says, "We may have the same parents, but she is NOT my sister."
Posted on 10/1/14 at 4:10 pm to Jax-Tiger
quote:
1.) Does my wife's sister have a legitimate concern about incurring expenses?
It depends on what the contract with the firm says, but usually no. If the attorney drops the case, the attorney eats the costs. If the client decides not to pursue the case after costs are accrued, the client would be on the hook for those costs/expenses.
Oh, and your SIL sounds like a count.
Posted on 10/1/14 at 4:11 pm to DrinkDrankDrunk
quote:
At the time of the lawsuit?
Sorry, will fix. At the time of her death.
I think I will mention the name of the drug, in case anybody else is taking it, or knows of people taking it.
It's Xarelto.
Posted on 10/1/14 at 4:12 pm to Jax-Tiger
quote:
Yeah, you're right. My wife says, "We may have the same parents, but she is NOT my sister."
Seems like every family has one of these. I know mine does.
Posted on 10/1/14 at 4:14 pm to Jax-Tiger
Those specific details should be in the contract.
If not, I wouldn't sign.
If not, I wouldn't sign.
Posted on 10/1/14 at 4:15 pm to tigerpimpbot
quote:
SIL sounds like a count.
Yeah, I already know this, and that's why I scratched that on off the list of questions for my lawyer. No need to waste time on confirming that...
Posted on 10/1/14 at 4:18 pm to Jax-Tiger
Honestly youshould not be signing up with a pharmaceutical class-action attorney. If you think have a case, go see a reputable local med mal attorney. Nothing comes from class actions like that except for big checks for the lawyers and little checks for the class.
Posted on 10/1/14 at 4:19 pm to Jax-Tiger
What did she die from? Let me guess? Bleeding, while on a blood thinner?
Posted on 10/1/14 at 4:20 pm to Jax-Tiger
quote:How can your wife sign anything on behalf of the estate? Im confused by your description.
Note that this sister is the exector to my MIL's estate.
Posted on 10/1/14 at 4:31 pm to Jax-Tiger
quote:It's also correct.
That's subjective.
Posted on 10/1/14 at 4:31 pm to BrotherEsau
quote:
Honestly youshould not be signing up with a pharmaceutical class-action attorney.
It's not class action.
Posted on 10/1/14 at 4:34 pm to The Mick
quote:
quote:
Note that this sister is the exector to my MIL's estate.
How can your wife sign anything on behalf of the estate? Im confused by your description.
Executor. Sorry, typo. My SIL is the current executor. Because she refuses to sign, my wife will have to become the executor. My wife already signed the contract so that she could join and recieve information from the lawsuit. Because she is not the executor, she needs her sister to sign, as well, so they can get the medical records released.
Posted on 10/1/14 at 4:42 pm to Geauxtiga
quote:
It's also correct.
As a lawyer, do you usually wear a collared shirt with a tie, to work?
Posted on 10/1/14 at 4:44 pm to Jax-Tiger
What does the UN have to do with this stupid story?
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