Injurytalk.com - Brought to you by Parker Waichman Alonso Mark, LLP

Marie,
I am in the 7th and will be getting a Matrix payment soon.
If the common benefit fees are to be deducted out of the attroneys amounts,
and the check is made to us both for only one amount,  how do I know the attorney will pay me the correct amount after he deducts the 40%.  Should he only deduct 33.8%. Thanks

Marie,
I am in the 7th fund, and he took 40% out of the first payment, I will be sure that
he reimburses me for it and does not take more then 33.6% out of the final.
Hopefully he will be fair and do the right thing, it makes me nervous because
they will write me a check from the one sent to them, I will be sure before I sign
it, that they are only taking 33.6% from it.
Thanks for your help, I hope eveyone knows this because it could be a way that
the attorneys could make an extra 6.4%.

Ok. now I am totally confused.  I signed for my attorney to get 40%. In the first 7th distribution he took 40% plus some expenses (which he said was to be the total expenses in entirety and no more would be charged in the final distribution.). So, what is the deal with them only taking 33.6%. That doesn't apply, does it,  if we agreed to 40% on the original contract with the attorney?  I thought this common benefit was embedded in the contract with each individual client/attorney agreement.

Thanks for explaining. That is how I understood it before today.

My lawyer said that they took the 40 percent on the first payout because they didnt know what the common benefit fee was going to be.

On this payment he deducted the total amount from his fee which reimbursed me for the common benefit fee on the first distribution and he said that no they were not allowed to keep 40 percent on the first after they knew the common benefit fee amount.

I am paying the flat 40 percent on the total recovery just as the 7th states. Total recovery means all of the money.

Why would we have to pay 46 percent just because they sent out a little of the money early doesnt make sense.

Last edited by malikee (2008-04-28 21:14:05)

"I am paying the flat 40 percent on the total recovery just as the 7th states. Total recovery means all of the money.

Why would we have to pay 46 percent just because they sent out a little of the money early doesnt make sense"

MALIKEE,
Nobody is having 46% deducted. That's what I thought  too way back when we all originally discussed this, but long since then I've sat down and actually done the math.   Regardless of how it's being done, it comes out to be just about the same either way.  If you figure it out correctly the other way, you'll see that it's about the same. I don't really understand what "adjustment" you think your attorney is making for you on the interim distribution, but others shouldn't expect any kind of  similar "adjustment" from there's. You said yourself, you're paying a total of 40% on the whole amount, so if a maxiumum of 40% is what's being deducted, then there is nothing to adjust, is there??

Djkb4559,
The adjusted point value hasn't changed.  What is being discussed here is the common benefit fee which is something completely different.

thanks guys but the answer hasn't been given - where in the AHP documents can i find the point value stated.  And yes i know casey that the item being discussed is atty fees 40% versus 6.4 + 33.6 but didn't want to go to another page when you all are obviously here today!!  JTAR do you know where this change was stated in any docs??

It would be very helpful if people would put the actual URL when mentioning a web site.  For example,   
http://www.7thamendmentdietdrugs.com/news/
or
http://www.7thamendmentdietdrugs.com/news/articles/category-1-final-payment-order.pdf

djkb4559,
The 11,960 figure came from a declaration and report filed by the 7th fund administrator in support of the motion to make the final distribution. It was filed with the court back somewtime towards the end of January. I don't think that particular report is available for linking to on the net except through the PACER service which is where I got it from. If you'd like me to send you a copy, provide me with an e-mail addy that I can send it to (just use the private message function on this forum) and I'll send it to you. It's on page 24.

psychnursenm,
Unless you recieved a matrix payment from the original trust and DON'T have a private attorney, you won't be getting that letter. The only claimants that get the common benefit refund checks are those that already recieved Matrix compensation and have no attorney, so they're the only ones that recieve that letter.

Regarding the other issue about concerns regarding your attorney getting to keep the interest on your money while it's in his trust account - I really wouldn't waste the energy worrying about it as long as he gives you your money in a reasonable amount of time, say 7 to 10 days or so. Too much beyond that though, such as extending up to a month or more, then I'd say that would be an issue that he would deserve being confronted about.

Hello, everyone...... Just dropped in to see whats happening.........   So happy to see most of you deserving claimants will be getting paid soon...................


I have one coment though..................I have been paid........ and the bottom line is.....................................................................................................................


my  Lawyer's took 45% out of my check + fees..... and left me with 55%.  So instead
of the 33.6% they deserve...............  They will end up with almost 39% after they get
back the common benefit fee.............  So where does this 60% for everyone come in?