Background:
My wifes estate is a claimant in the dow corning silicone suit. In this suit there are multiple categories, the main ones being disease claims and rupture claims. The estate has been awarded a disease claim. The estate was not iinformed that a rupture claim had been filed, as she had no surgical or pathology reports indicating rupture. Recently, the estate was notified by the settlement facilty of the rupture claims rejection. When contacted, the lawyer handling the matter sent documents authored by their consultant diagnosing rupture. This clearly does not meet the criteria, and the law firm helped draft the settlement with dow.
Present :
The lawyer handling the case has sent a certified letter, demanding either a signature from the executor agreeing to a "do not Proceed " statement, and giving the firm release from pursuing this matter, or the estate is given the option of pursuing the matter on its own, the third option is that if the letter is not signed within 20 business days, the " do not proceed " is unilaterally decided by the firm.
What has not been communicated to the estate is that there are two motions, one by the law firm, attempting to compel the settlement facilty to accept the consultants determination as a proof of rupture pending before the court.
The estate feels should we grant the "do not proceed " option, we will have no standing should the court rule for the consultants determination. Obviously, if the estate opts to proceed on its own, that would entail unknown expenditures and results.
I thought I would ask for input, as the clock is ticking.
My wifes estate is a claimant in the dow corning silicone suit. In this suit there are multiple categories, the main ones being disease claims and rupture claims. The estate has been awarded a disease claim. The estate was not iinformed that a rupture claim had been filed, as she had no surgical or pathology reports indicating rupture. Recently, the estate was notified by the settlement facilty of the rupture claims rejection. When contacted, the lawyer handling the matter sent documents authored by their consultant diagnosing rupture. This clearly does not meet the criteria, and the law firm helped draft the settlement with dow.
Present :
The lawyer handling the case has sent a certified letter, demanding either a signature from the executor agreeing to a "do not Proceed " statement, and giving the firm release from pursuing this matter, or the estate is given the option of pursuing the matter on its own, the third option is that if the letter is not signed within 20 business days, the " do not proceed " is unilaterally decided by the firm.
What has not been communicated to the estate is that there are two motions, one by the law firm, attempting to compel the settlement facilty to accept the consultants determination as a proof of rupture pending before the court.
The estate feels should we grant the "do not proceed " option, we will have no standing should the court rule for the consultants determination. Obviously, if the estate opts to proceed on its own, that would entail unknown expenditures and results.
I thought I would ask for input, as the clock is ticking.
