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Irwin Law
Irwin Law, Attorney
Category: Legal
Satisfied Customers: 7414
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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1st let me start by saying my mother was diagnosised in 1998

Customer Question

1st let me start by saying my mother was diagnosised in 1998 with ovarian cancer, she had never had female problems her whole life. She used Talcum powder ever since she was a young girl on her private parts for hygiene, her mother did it, I as her dtr did it. It was just something that was done. No one told her to stop using the Talcum powder and 9 yrs after her 1st diagnosis she was diagnosised with recurrent ovarian ca and died .
I cannot remember how I learned about the lawsuits regarding Talcum powder but I got in touch with Zeccola & Selinger. (NY)They sent me retainer papers and let me know that they also work with Aylstock,Witkin, Kries and Overholtz ( Florida) This began in April of 2014.
Never once did they call me with info, I always had to email or call them to see how things were going.
One time after I called to see what was going on. They sent me a letter back saying that they were researching the case and would need more time
I sent them info I had, then they ask for the death cert, then they ask for me to sign for them to get the Medical records. I was always immediately compliant with their requests.
Never once did I get a call telling me that they had reviewed anything and what their thoughts were. I never even got real answers when I called to inquire.
This is my mother we are talking about and it was very hard to sit and wait. And get no answers from them
This started as I said 4/14. It is now 10/15
On 10/30 I rcv'd a letter from AWKOLAW staing that the case was closed
***They said that they reviewed the info I provided **** Nothing about any info they rcv'd from medical facilities****
And that my info did not meet their criteria. No one ever told me their criteria.
They did offer me to get a second opinion. Really so I could wait another 18 months?
Then they started talking about the statue of limitations.
HERE IS THE KICKER In the last paragraph they state: At this time we are closing the file regarding my potential ACTOS case
ACTOS is for Diabetes, nothing to do with my mom's case.
I am wondering if these lawyers work for Johnson and Johnson
What can I do to them, they obviously don't know who or what case they are talking about.
It is hard enough to lose my mom and then have to wait 18 months to find out nothing.
I think they should have to pay me for all the grief
How do I turn them in, Florida and NY, and who do I turn them into.
Should I get a second opinion
I have been in the medical field for 47 yrs and and they should not get away with this.
ACTOS vs Talcum Really
Please help me
Submitted: 1 year ago.
Category: Legal
Expert:  Irwin Law replied 1 year ago.

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.

Customer: replied 1 year ago.
Thank you, ***** ***** not a Class Action suit and 1 question once a retainer agreement is signed they can just drop me.
Should they not be sending me all of my mothers records. Why would they need them now
Expert:  Irwin Law replied 1 year ago.

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.

Expert:  Irwin Law replied 1 year ago.

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