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Good evening. I think I can shed some light on what has happened. First of all, my condolences on the loss of your mother. I can understand why you are upset. Class-action lawsuits against product manufacturers are extremely complicated, and very expensive to maintain. The manufacturers and their insurance carriers will spend millions to defend those cases. Plaintiff's lawyers must maintain the suits with their own funds. Many firms handling cases like these employ forensic staff to evaluate the information. It is quite common for them to take a substantial amount of time (18 months might be a little long) before they reject the case. Clients often may not be kept advised along the way. There are many criteria that go into the acceptance or rejection of the particular case. In a mass tort or manufacturers liability case,typically many more claims will be rejected than accepted. As far as the mistake in the letter of rejection goes, I can't explain that, but I strongly suspect that the letter is a form letter that the firm routinely uses. A secretary or paralegal may have pulled that particular form letter but neglected to change the name of the product. Again, that's merely an educated guess on my part. It's possible that if you contact the person who signed the letter they will be able to explain more about their reason for rejecting the case and perhaps even suggest other attorneys who you might contact. The bot***** *****ne is that there really is nothing that can be done about the situation Because the attorneys are free to accept or reject clients at their option.
I understand now that it was an individual action and not a class-action. Those are even more difficult for lawyers to accept and move forward with than class actions. Good examples are all the tobacco cases that have been litigated and lost by plaintiffs over the years. The retainer agreement usually contains a clause that permits the lawyer to reject the case at any time. For some reason, your mother's medical history must not have met the criteria that would be necessary for a suit against that manufacturer. I agree with you that the medical records and any other documents that you sent them should be returned to you, and I believe they will be if you request them.
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