hi, i have a civil case for trans vaginal mesh that was accepted late 2012, the firm representing me is Gallagher law firm in texas,Ken Nugent sent my case to them to represent me, anyway i call them sometimes and speak with one of the lawyers regarding my case and she tells me that Coloplast hasnt or is not ready to settle as of yet,how can i be really sure that my case has not been settled without my knowledge, do i contact Coloplast and ask them, can Gallagher settle my case without me? ive seen in some cases where lawyers are corrupt and do settle cases behind their clients back (such CROOKS)!!
they only communicate with me through mail (she says thats their procedure with all clients in mass torte cases) i have to be the one to call them regularly to check the status of my case, im worried about whats really going on, if only i hadve chosen a good Georgia lawyer from the start who handle these type of cases in my state, she said my case will be settled as individual not class action, is it too late to fire them and start anew with a new attorney?
You can always hire a local lawyer to give you a second opinion but nothing you raise in your question is that unusual in mass tort cases frankly. Contacting the defendant would be a bad idea. Your lawyer cannot settle your case without your approval.
This answer is for information purposes only, and does not establish and attorney client relationship. James Faucher is licensed to practice law in North Carolina only. You should always contact a local attorney to get location specific answers about the law.
Your case has likely been filed so ask for your case number. It's probably in federal court which means you can look up your case to see what's going on online.
You can always terminate your attorney but they may have the right to be reimbursed for their expenses plus attorney's fees for the time they've spent on it.
It is not uncommon in mass tort cases for communications to go out to all the clients in writing. Nothing is likely happening with your case specifically as these cases get litigated as a group if its in an MDlL, and typically when a proposed settlement is reached people can opt in or out.
The bigger issue seems to be that you don't trust your attorney, which is a problem for you and them. You should express your concerns/frustrations and have someone there address them. If they don't address them, you can always find a new lawyer (subject to what's been said above).
Nothing contained herein creates an attorney-client relationship. Furthermore, the information provided herein is intended as a general guide for consumers and does not constitute legal advice in any way. In order to receive legal advice from this attorney, it is necessary to retain him first so that formal advice may be provided based upon a review of all the facts.
I represent several Alabama women injured by transvaginal mesh implants. I have settled some of my cases against other companies. However, I also have some cases pending against Coloplast which are not settled at present. I routinely provide my clients status updates. It sounds like you have legal counsel that will communicate with you. Communication between the attorney and client is essential. I would urge you to continue seeking periodic updates concerning the status of your claim. These cases can take a long time to resolve.
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