Canadian Vioxx Claims

30. January 2012 · Write a comment · Categories: Vioxx · Tags: , , , , , , , , , , , ,

Merck's Super Aspirin was Vioxx

Merck’s popular anti-inflammatory drug Vioxx turned out to be a deadly drug which was recalled in 2004 with numerous lawsuits that followed, including, in Canada, a Class Action claim which took precedence over possible individual claims under Canadian law. Merck fought claims world wide settling in the USA only after a few years.  In Australia last year Merck did well after a major test case trial which found liability only in heart attack situations and specifically concluded after much expert evidence that there is no proof that Vioxx causes strokes or other cardiovascular problems.There is a national Vioxx settlement proposed for Court Approval which is to be heard in court in Ontario and Quebec. The amount of the settlement is proportionately much less than the US settlement on a per capita basis.  It provides compensation up to $100,000 in heart attack and sudden cardiac death cases and pays an amount capped at $5,000 in stroke cases.  Nothing is paid in the settlement for other conditions. This settlement was negotiated with Merck by the Class Action lawyers. The case is not settled until and unless it receives court approval. Our firm acts for a large number of individual clients, and we are determining how each of our clients will benefit (or not) from the settlement). We have now written letters to most of our clients who do not qualify for compensation under the settlement to advise them of their rights.  The settlement is binding on all claims unless specifically excluded. We had only one client with a stroke case who chose to opt out and then has rejected the settlement. We no longer act for that individual and we are not aware of anyone else who is not bound by the Class Action settlement if it proceeds. We have other clients who clearly benefit from the settlement and we will be writing them to confirm what is needed from them to allow us to apply on their behalves for compensation if the settlement is approved.  For some of our clients it is unclear if they qualify and we are also carefully reviewing those files. For people who are not represented by lawyers yet, we are still on request, reviewing situations and accepting retainers in cases that are likely to qualify for compensation.  See details of the proposed settlement:

http://vioxxnationalclassaction.ca/

 

Asbestos Injury Claims for Canadians

29. January 2012 · Write a comment · Categories: Asbestos · Tags: , , , , , , , , , , , , , , , , , , , , , , , , ,

 

Asbestos Mesothelioma Injury Claim Lawyer Canada

ASBESTOS EXPOSURE IS KNOWN TO BE DEADLY

Deadly Asbestos Fibers

Attention Canadian Asbestos Victims and family members: You have probably seen Asbestos and Mesothelioma TV ads from lawyers in the US offering big compensation if you call them. If you are in Canada you need not find a US lawyer to make a claim. You can have a Canadian lawyer represent you to make a claim for compensation for asbestos related diseases and get the same compensation. Miskin Law Offices in Ontario represents people across Canada in making claims to American asbestos trusts. We are familiar with Canadian law and workplaces, understand how the Canadian system works and have many advantages in representing Canadian clients. We are also familiar from case experience with Canadian asbestos hotspots where known asbestos hazards exist and exposure to asbestos gives rise to a claim if the person exposed becomes ill from it even many years later. The asbestos trusts are based in the United States and we do work with American lawyers to advance our cases with a contingency fee split between our firm and the US law firm. Our clients do not pay more to have Canadian representation and applicable  GST/HST is included in our percentage of the fee.

THE DANGER OF ASBESTOS:  Asbestos is a mineral that has been used as an insulating and fireproofing material for many years in a great number of products and in many buildings.  It has been mined in various parts of the world including Quebec where there is a Town called Asbestos.  Federal Government support for continued asbestos mining and exporting asbestos to the world is a very controversial issue. The use of asbestos is banned in Canada and most developed countries.  It has been known for many years that asbestos is dangerous to the health of people exposed to it especially when fibers are inhaled and get into the lungs. There are serious long term consequences of exposure to asbestos.  Some of the most serious ones have only recently started to commonly appear.  Mesothelioma was once considered a rare condition but sadly it has now become very common. The diseases include asbestosis, certain forms of lung cancer and the condition of mesothelioma.  Mesothelioma is a cancer of the lining (known as the mesothelium) of the lungs or another organ. Mesothelioma can develop 30-50 years after even just a little exposure to asbestos.  Mesothelioma was thought to be very rare condition but it is appearing more commonly because it takes a long time to develop and it was not always diagnosed properly in the past. Mesothelioma can only be caused by asbestos and maximum compensation is available for this horrific and generally fatal disease.

The very serious diseases affect people who have worked with asbestos, had loose fibers in their workplace (sometimes from or after asbestos removal) and people who have been exposed by their family members who may have come home from a hard day of work with asbestos on their bodies or their clothes.  We have worked on tragic cases where children of parents exposed to asbestos have developed Mesothelioma and can be compensated.

Asbestos Compensation is Available

If a loved one has developed one of these conditions in Canada or the USA and is seriously ill or has died due to asbestos exposure it can be proven with medical records.  Doctors should be able to confirm causation by asbestos when the diagnosis is made. A biopsy is most effective. Compensation is available for Canadians from a number of U.S. trusts set up for that purpose.  This compensation is only open to people who live in Canada and the United States. To maximize compensation we need to know the source of exposure to asbestos for us to determine which manufacturers were involved and where claims may be placed. If a person has died from asbestos illness a number of years ago the available claims are limited by the delay in proceeding.

We do not handle claims related to removal of asbestos from homes or other properties nor do we sue employers for asbestos exposure or illness. We also do not take on cases involving fear of possible asbestos illness. We only handle cases involving people who have serious asbestos illness.

Contact Miskin Law Offices

Contact the Miskin Law Offices in Ontario for information on making a claim.  Email miskinlaw@yahoo.com or call 416-492-0989 from the Toronto area or toll free 877-428-8000 from elsewhere in Canada. You can have us as your lawyers here in Canada and get compensation from the trusts set up to pay claims on behalf of the former asbestos manufacturers in the United States.

We are working closely in partnership with experienced reputable lawyers from the Locks Law Firm in Philadelphia to ensure that Canadians get fair compensation equal to what is available to Americans payable in US dollars (which is no longer to our advantage). Usually, we work hard to determine the source of asbestos exposure to maximize the available compensation funds. If we can prove a particular company’s products were used we can get compensation from the applicable trust.  Many people have no idea where they were exposed or do know but know little about the specific asbestos products.  There has to be significant illness diagnosed, not just fear of future illness to make a successful claim. Cases are handled with contingency fee agreements which include a one third fee shared by the lawyers involved on your behalf.  That means you pay nothing until and unless money is received for your claims.  Settlements are in US dollars, which vary in value when converted to Canadian dollars. We include the tax in our share of the one third contingency fee so you will not pay any additional PST, GST or HST on a settlement.

Often we can get clients compensation from more than one trust fund. We make sure to try all relevant asbestos trusts to maximize compensation.  Eligibility for multiple trust compensation is dependent on the source of the asbestos exposure. The more details you have on the source of asbestos and specific asbestos products and dates of exposure the more sources of compensation there are.  We are seeing some large cheques come in for our clients and faster processing of claims. If you are not eligible for Worker’s Compensation we can get you compensation so long as we can prove asbestos to be the cause of an illness or if there is a Mesothelioma diagnosis.  With confirmed Mesothelioma, that is not a problem.  The right to bring a claim may be taken away or reduced by receipt of or application for Workers Compensation Benefits so do let us know details of any WCB, Work Safe or WSIB claims made when you first contact us. The Boards have brought U.S. claims for a number of Canadians through American law firms and where that is done we can not bring a claim. Sometimes we need consent from the Workers Compensation Board or from the employer who in some situations pays the benefits, before we can proceed. Compensation Boards keep all of the money that they recover from U.S. claims as reimbursement for what they paid to the injured worker and only pay the worker or their family the excess amount if there is any. We are consulting with the Compensation Boards in different provinces to ensure that our clients actually receive maximum compensation from all sources. In some Provinces Workers’ Compensation Boards have allowed us to proceed directly for clients with claims to the asbestos funds where the Boards have rights to make those claims. Persons receiving benefits from Alberta Workers Compensation do not have any right to make a separate claim for compensation. In Ontario we are claiming on behalf of families of victims and on behalf of School Boards with respect to illness from asbestos exposure in schools.

Murray Miskin has been a lawyer in Ontario practicing personal injury law for over 30 years and has worked on national and international injury claims.  Our experience gives us an edge in representing Canadians on asbestos claims. Murray Miskin has been familiar with asbestos and asbestos products since childhood as his father Nat Miskin was a Toronto plumber who worked with asbestos.  Murray’s first work with Canadian asbestos injury claims was in 1979 at the Phelan, O’Brien law firm as soon as he finished law school. We are settling many asbestos claims  now and getting compensation for our clients.  These are not lawsuits in court but are applications to compensation funds done with paper work and no personal appearances by clients. We will treat you and your family with compassion and respect and get you results without added stress or work on your part. If you have documentation of the medical condition and information on the source of asbestos exposure (especially type of asbestos product) that helps us get results more quickly. There is no advance fee or financial retainer required and there is no risk to the client. The lawyers are only paid from the funds collected with a contingency fee of one third of the recovery split between the lawyers working on the claim.

You may call our office at a local number or toll free nationally at 1-877-428-8000 and speak with Anna at Extension 118, or Murray at Extension 111 about your situation.  For a speedy response email details to Murray Miskin directly: miskinlaw@yahoo.com