BETRAYED 2

My feelings of betrayal increased when I found that there was a “Master Settlement” agreement between Merck and plaintiffs' attorneys which states:

Section 1.2.8.1 (pages 4 and 5)
1.2.8.1 By submitting an Enrollment Form, the Enrolling Counsel affirms that he has recommended, or (if such Enrollment Form is submitted prior to February 28, 2008) will recommend by no later than the earlier date of the date of service of the Certification of Final Enrollment and February 28, 2008, to 100% of the Eligible Claimants represented by the Enrolling Counsel that such Eligible Claimants enroll in the Program.

1.2.8.2 If any such Eligible Claimant disregards such recommendation, or for any other reason fails (or has failed) to submit a non-deficient and non-defective Enrollment Form on or before the earlier of the date of service of the Certification of Final Enrollment and June 30, 2008, such Enrolling Counsel shall, on or before the earlier of June 30, 2008 and the 30th day after the date of service of the Certification of Final Enrollment (or, if such Enrolling Counsel first becomes an Enrolling Counsel after June 30, 2008, shall have, by the date such Enrolling Counsel so first became an Enrolling Counsel), to the extent permitted by the equivalents to Rules 1.16 and 5.6 of the ABA Model Rules of Professional Conduct in the relevant jurisdiction(s), (I) take (or have taken, as the case may be) all necessary steps to disengage and withdraw from the representation of such Eligible Claimant and to forego any Interest in such Eligible Claimant and (ii) cause (or have caused, as the case may be) each other Enrolling Counsel, and each other counsel with an Interest in any Enrolled Program Claimant, which has an Interest in such Eligible Claimant to do the same.


Now my feelings of betrayal come from my interpretation of the above "Master Settlement" (this is an agreement between Merck and Plaintiff's Attorneys) that says if I don't agree to sign the "Settlement/Release" that was sent to me, my attorney (Mark Lanier of Lanier Law Firm) has to send me packing from his firm to scrounge around and find new counsel to represent me.

Besides trying to destroy the attorney-client relationship I wonder what Merck’s real motives are. Could it be that they are trying to escape their liability to all the third party claimants such as medicare, medicaid, insurance companies, etc.?

For more information please go to Plaintiffs Group