Post by nick on Feb 21, 2012 11:56:15 GMT -5
Mae, I was going to give this a little more time before I posted. But reading your message showed me that these partys are actively still screwing everyone they can.
I will later post the partys joint response in which they state that they could give a rat's azz about screening fraud, want the fraud to stay buried and hidden from all of us (so it will repeat over and over and over) and let everyone who committed screening fraud to not be held accountable for tampering with your echoes!!!!!!!(so this can go on and on and on into every other mass tort settlement)
I will also show my TA report that should make everyone who has gotten screwed over by this settlement fraud sick to their stomach.
Do any of you people who accepted the 7th know if your claim was frauded?....NO you don't. They did not tell you. They hid this from you on purpose. Many of you were forced into the seventh where the auditors would not tell you that your qualifying echo was frauded. If you had an atty with a lot of clients and they handeled the qualifying echo for you then you should be concerned. YOU NEED TO BE ASKING QUESTIONS LIKE I HAVE BEEN DOING. YOU STAYING SILENT IS ALLOWING THEM TO GET AWAY WITH WHAT THEY HAVE DONE!
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: DIET DRUGS PHENTERMINE/ :
FENFLURAMINE/DEXFENFLURAMINE : MDL NO. 1203
PRODUCTS LIABILITY LITIGATION :
______________________________ :
:
THIS DOCUMENT RELATES TO: :
:
SHEILA BROWN, et al. : CIVIL ACTION NO. 99-20593
v. :
AMERICAN HOME PRODUCTS :
CORPORATION :
TO THE HONORABLE JUDGE HARVEY BARTLE III
Background
I am a pro se claimant in the 1203 MDL AHP Diet Drug Class Action. My name is Nicholas Napora and I have been assigned a claim number 8224951. My qualifying echo cardiogram for this settlement was done by my former attorney. His firm rented office space in a business building. Brought in an echo company and echo tech to conduct the echo and contracted with a cardiologist to read these echoes. He did this same procedure for hundreds of claimants around the country. He went from city to city doing this. WYETH and the Trust termed this procedure as running an “echo mill”.
Your Honor the Trust audited my echo and stated to me that my echo has been manipulated. The Trust auditor stated that I had no regurgitation, and the appearance of regurgitation that is seen on the echo tape was created and did not really exist. The cardiologist that my attorney used to read my qualifying echo stated that my mitral regurgitation was demonstrated at .25%, which was in the moderate level and would have qualified myself for significant settlement benefits. A reading of no regurgitation like the Trust contends would not qualify me for any settlement benefits
My former attorney signed onto the Seventh Amendment Term Sheet which pledged to WYETH that he would drop any client of his who refused to enter into the Seventh Amendment. He also pledged he would recommend to his entire clients only one course of action, and that was to enter into the seventh amendment. My former attorney did all this without consulting me or his other clients. This was his decision and he received considerations that affected him personally for doing so. Many other lawyers signed onto this term sheet too, also pledging to WYETH that they would drop any of their clients who decided to remain in the original settlement. My lawyer helped push this term sheet and became one of the main proponents’ of pushing this onto other firms. By his signing the pledge he created the conflict in this issue.
Grievance
Dear Judge Bartle, I have no clue as to how I am supposed to represent and support my claim in any phase of the showcause process. I have been denied information on how my echo was conducted. How regurgitation was represented on the tape. What does the inserts on my lawyers echo’s represent? Why were they put there? I never requested this to be done. Why were machine settings set in a particular way? I thought I was going in and having an echo done the way the settlement had dictated it to be done. I wasn’t told that this was going to be a “regurgitation production traveling show”
WYETH and the Trust investigated my lawyer for his echo process. I have provided that information in past papers to the Trust, The Special Master and Class Counsel. I have asked for the results of that investigation, but every party has refused to grant me that right to find out how my echo was conducted, even though I am allowed in showcause to offer anything that can help me to support my claim. I have these papers and will gladly provide them to this court.
Class Counsel did a blind study of my claim but did not use the green form algorithm that is currently used in the original settlement. Dr Karalis who heads the seventh amendment cardiologist’s found that I did have settlement qualifying regurgitation. This seventh –like audit was used to prove to the court that the current methodology of proving regurgitation was the most generous way to us claimants of proving regurgitation. Why did my echo succeed in proving the Trust’s current methodology of showing regurgitation was the best way for us claimants to demonstrate regurgitation yet it was found to be manipulated when the TRUST audited my claim?
I wanted to ask questions of Dr Karalis and use some of the studies he used in his conclusions on my echo in my showcause but was told by Class Counsel that I would not be allowed this information.
Your honor here is a few paragraphs from the Seventh Amendment stating why the Seventh Amendment was necessary. There have been an overwhelming number of Matrix claims filed by Class Members, especially on Matrix Level II. This has led to significant delays and uncertainties in the payment of Matrix claims. The number of such claims was unanticipated by the parties or the Court when the Settlement Agreement was first approved. In addition, questions have arisen concerning the validity of Matrix claims. The Court ordered in November, 2002, that every seemingly-eligible Matrix claim be reviewed by the Trust’s cardiologists to determine if the claim had a reasonable medical basis. These reviews are referred to as “audits.” Approximately 60% of the Matrix Level I and II claims audited so far have been found not payable. The Trust now is also investigating many of the claims that were found eligible after audit. These further investigations are part of the Trust’s “Claims Integrity Program.”
The Claims Integrity Program has stopped the processing and payment of many Matrix claims. This delay in paying Matrix claims and the Trust’s handling of its audit and claims process has been the subject of numerous complaints and Court filings. In a filing dated August 17, 2004, the Trust asserted that the audit failure rate may be as high as 88% for Matrix Level I and II claims. This contention was based on the Trust’s reevaluation of 926 claims that had previously passed the Trust’s medical audit. The Trust’s contention has not been proven in any legal proceeding and would likely be contested in litigation that could take years to resolve. The Trust, Class Counsel, Wyeth, and individual Class Members, have spent considerable time and resources on various aspects of the Trust’s administration of claims.
The Seventh Amendment is intended to reduce or avoid many of these problems.
Your Honor the Seventh Amendment only hid these problems. It didn’t get rid of them! Those issues are still here only my lawyer has been removed from the frying pan and I have been stuck there. “Why do I have to have this dumped on me?
I’m only a claimant, why am I left to figure out what these lawyers weren’t able to do? Why do I have the responsibility of proving what my lawyer may have or may have not done to manipulate his echoes? This whole bag of crap has been dumped into my lap and even though the lawyers and firms who caused these issues are no longer here I am left trying to figure out the same issues that brought about the need for the Seventh. How is that fair to a claimant? Why does my lawyer not have to answer for the actions that he created?
I shouldn’t be asked to try and do what these parties could not.
And why hasn’t any party WYETH, Trust, Class Counsel gone to law enforcement authorities with the evidence they have collected? Why is WYETH and the Trust writing green form algorithms that are tailored to my lawyer, cardiologist and echo company? An algorithm specifically designed to catch fraud and irregularities.. Surely the investigation that was done by WYETH and the Trust of my lawyer’s echo process coupled with the information they used to develop the green form algorithm that was used on my claim has provided enough cause to see that a crime has been committed here. Why is WYETH allowed to hide this information of criminal activity? I wasn't the one who was lured into this settlement with this staged qualifying echo. I can’t take this back. I am not allowed to take this to court now that I have entered this settlement. As I said my lawyers were running these echo mills all around the country luring clients into this settlement with these staged qualifying echoes. WYETH should have not been allowed to hide these crimes from us claimants. This is what happened at Penn State, people trying to cover up crimes that were committed against other people!
Lester Brickman, Alsion Frankel, even our Class Counsel’s Mike Fishbein has commented about the fraud in this settlement I am here now begging you as a claimant in this settlement who has a manipulated echo, please do something about this!
Your honor no claimant should have to be put through what I am being put through by the parties in this settlement. I ask that you recognize that I am pro se and that there is no way I can accomplish what these parties could not. I didn’t ask nor was I told that I was going to have to be responsible for answering these contentious issues surrounding my lawyer’s claims.
If you have any questions I will gladly provide you with any paperwork that I have in my possession to demonstrate to you that what I say is true.
RECOURSE
I am not quite sure how to do this next part of this and I ask the court’s leeway in helping me make it so
I ask that all parties who signed the seventh term sheet that pledged to WYETH to drop all clients who remain in the original settlement turn over fifty percent of what they received from the payout of the seventh amendment claims. I am not requesting that any money awarded to the claimants be turned over to me.. they should be allowed to keep every penny, just fifty percent of what they made off of their clients. I am within my rights to request this because a lawyer is supposed to withdraw from representing all clients in a settlement not just the ones who were removed. Since these lawyers pledged to drop clients who stayed in the original settlement they should not be allowed to represent the ones who opted for the seventh.
I ask that my lawyers turn over all money they made from the seventh whether it be in class counsel fees or award fees.
I ask that an investigation be done on all of my lawyer’s claims. Not just the claims in the original settlement but also the ones he placed in the seventh. None of my ex lawyer’s claims from the seventh were labeled as manipulated because the green form algorithm was not used to catch the manipulated claims as it was done so in the original settlement.
I ask that the court impose a fine and prison time for the people who were responsible for manipulating my echo.
I ask the court to have Class Counsel to turn over to me five million dollars for hiding evidence of fraud committed against me and having these seventh issues dumped into my lap.
I am asking the court to have the Trust turn over to me a sum of five million dollars for hiding evidence of a crime committed against me.
I ask the court to have WYETH pay me ten million dollars for hiding the irregularities of my lawyers echo process from me and thus denying my day in court. The results of my attorney investigations and WYETH’S participation in the development of my green form algorithm shows proof they knew something was amiss.
Finally I ask that WYETH and The Trust rescind the seventh amendment’s end date for claimant benefits for claimant’s who had accepted the seventh, and continue to provide them the same benefits until 2015 that they originally had. I ask for prison time for all parties who engaged in hiding the above criminal acts.
Sir I apologize for the lack of professionalism in this motion, I don’t know how to do it any different
I also apologize for not presenting you a copy of the signed seventh term sheet but Class Counsel stated that I cannot have this. ( I am unable to provide a certificate of service to these parties)
I will later post the partys joint response in which they state that they could give a rat's azz about screening fraud, want the fraud to stay buried and hidden from all of us (so it will repeat over and over and over) and let everyone who committed screening fraud to not be held accountable for tampering with your echoes!!!!!!!(so this can go on and on and on into every other mass tort settlement)
I will also show my TA report that should make everyone who has gotten screwed over by this settlement fraud sick to their stomach.
Do any of you people who accepted the 7th know if your claim was frauded?....NO you don't. They did not tell you. They hid this from you on purpose. Many of you were forced into the seventh where the auditors would not tell you that your qualifying echo was frauded. If you had an atty with a lot of clients and they handeled the qualifying echo for you then you should be concerned. YOU NEED TO BE ASKING QUESTIONS LIKE I HAVE BEEN DOING. YOU STAYING SILENT IS ALLOWING THEM TO GET AWAY WITH WHAT THEY HAVE DONE!
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: DIET DRUGS PHENTERMINE/ :
FENFLURAMINE/DEXFENFLURAMINE : MDL NO. 1203
PRODUCTS LIABILITY LITIGATION :
______________________________ :
:
THIS DOCUMENT RELATES TO: :
:
SHEILA BROWN, et al. : CIVIL ACTION NO. 99-20593
v. :
AMERICAN HOME PRODUCTS :
CORPORATION :
TO THE HONORABLE JUDGE HARVEY BARTLE III
Background
I am a pro se claimant in the 1203 MDL AHP Diet Drug Class Action. My name is Nicholas Napora and I have been assigned a claim number 8224951. My qualifying echo cardiogram for this settlement was done by my former attorney. His firm rented office space in a business building. Brought in an echo company and echo tech to conduct the echo and contracted with a cardiologist to read these echoes. He did this same procedure for hundreds of claimants around the country. He went from city to city doing this. WYETH and the Trust termed this procedure as running an “echo mill”.
Your Honor the Trust audited my echo and stated to me that my echo has been manipulated. The Trust auditor stated that I had no regurgitation, and the appearance of regurgitation that is seen on the echo tape was created and did not really exist. The cardiologist that my attorney used to read my qualifying echo stated that my mitral regurgitation was demonstrated at .25%, which was in the moderate level and would have qualified myself for significant settlement benefits. A reading of no regurgitation like the Trust contends would not qualify me for any settlement benefits
My former attorney signed onto the Seventh Amendment Term Sheet which pledged to WYETH that he would drop any client of his who refused to enter into the Seventh Amendment. He also pledged he would recommend to his entire clients only one course of action, and that was to enter into the seventh amendment. My former attorney did all this without consulting me or his other clients. This was his decision and he received considerations that affected him personally for doing so. Many other lawyers signed onto this term sheet too, also pledging to WYETH that they would drop any of their clients who decided to remain in the original settlement. My lawyer helped push this term sheet and became one of the main proponents’ of pushing this onto other firms. By his signing the pledge he created the conflict in this issue.
Grievance
Dear Judge Bartle, I have no clue as to how I am supposed to represent and support my claim in any phase of the showcause process. I have been denied information on how my echo was conducted. How regurgitation was represented on the tape. What does the inserts on my lawyers echo’s represent? Why were they put there? I never requested this to be done. Why were machine settings set in a particular way? I thought I was going in and having an echo done the way the settlement had dictated it to be done. I wasn’t told that this was going to be a “regurgitation production traveling show”
WYETH and the Trust investigated my lawyer for his echo process. I have provided that information in past papers to the Trust, The Special Master and Class Counsel. I have asked for the results of that investigation, but every party has refused to grant me that right to find out how my echo was conducted, even though I am allowed in showcause to offer anything that can help me to support my claim. I have these papers and will gladly provide them to this court.
Class Counsel did a blind study of my claim but did not use the green form algorithm that is currently used in the original settlement. Dr Karalis who heads the seventh amendment cardiologist’s found that I did have settlement qualifying regurgitation. This seventh –like audit was used to prove to the court that the current methodology of proving regurgitation was the most generous way to us claimants of proving regurgitation. Why did my echo succeed in proving the Trust’s current methodology of showing regurgitation was the best way for us claimants to demonstrate regurgitation yet it was found to be manipulated when the TRUST audited my claim?
I wanted to ask questions of Dr Karalis and use some of the studies he used in his conclusions on my echo in my showcause but was told by Class Counsel that I would not be allowed this information.
Your honor here is a few paragraphs from the Seventh Amendment stating why the Seventh Amendment was necessary. There have been an overwhelming number of Matrix claims filed by Class Members, especially on Matrix Level II. This has led to significant delays and uncertainties in the payment of Matrix claims. The number of such claims was unanticipated by the parties or the Court when the Settlement Agreement was first approved. In addition, questions have arisen concerning the validity of Matrix claims. The Court ordered in November, 2002, that every seemingly-eligible Matrix claim be reviewed by the Trust’s cardiologists to determine if the claim had a reasonable medical basis. These reviews are referred to as “audits.” Approximately 60% of the Matrix Level I and II claims audited so far have been found not payable. The Trust now is also investigating many of the claims that were found eligible after audit. These further investigations are part of the Trust’s “Claims Integrity Program.”
The Claims Integrity Program has stopped the processing and payment of many Matrix claims. This delay in paying Matrix claims and the Trust’s handling of its audit and claims process has been the subject of numerous complaints and Court filings. In a filing dated August 17, 2004, the Trust asserted that the audit failure rate may be as high as 88% for Matrix Level I and II claims. This contention was based on the Trust’s reevaluation of 926 claims that had previously passed the Trust’s medical audit. The Trust’s contention has not been proven in any legal proceeding and would likely be contested in litigation that could take years to resolve. The Trust, Class Counsel, Wyeth, and individual Class Members, have spent considerable time and resources on various aspects of the Trust’s administration of claims.
The Seventh Amendment is intended to reduce or avoid many of these problems.
Your Honor the Seventh Amendment only hid these problems. It didn’t get rid of them! Those issues are still here only my lawyer has been removed from the frying pan and I have been stuck there. “Why do I have to have this dumped on me?
I’m only a claimant, why am I left to figure out what these lawyers weren’t able to do? Why do I have the responsibility of proving what my lawyer may have or may have not done to manipulate his echoes? This whole bag of crap has been dumped into my lap and even though the lawyers and firms who caused these issues are no longer here I am left trying to figure out the same issues that brought about the need for the Seventh. How is that fair to a claimant? Why does my lawyer not have to answer for the actions that he created?
I shouldn’t be asked to try and do what these parties could not.
And why hasn’t any party WYETH, Trust, Class Counsel gone to law enforcement authorities with the evidence they have collected? Why is WYETH and the Trust writing green form algorithms that are tailored to my lawyer, cardiologist and echo company? An algorithm specifically designed to catch fraud and irregularities.. Surely the investigation that was done by WYETH and the Trust of my lawyer’s echo process coupled with the information they used to develop the green form algorithm that was used on my claim has provided enough cause to see that a crime has been committed here. Why is WYETH allowed to hide this information of criminal activity? I wasn't the one who was lured into this settlement with this staged qualifying echo. I can’t take this back. I am not allowed to take this to court now that I have entered this settlement. As I said my lawyers were running these echo mills all around the country luring clients into this settlement with these staged qualifying echoes. WYETH should have not been allowed to hide these crimes from us claimants. This is what happened at Penn State, people trying to cover up crimes that were committed against other people!
Lester Brickman, Alsion Frankel, even our Class Counsel’s Mike Fishbein has commented about the fraud in this settlement I am here now begging you as a claimant in this settlement who has a manipulated echo, please do something about this!
Your honor no claimant should have to be put through what I am being put through by the parties in this settlement. I ask that you recognize that I am pro se and that there is no way I can accomplish what these parties could not. I didn’t ask nor was I told that I was going to have to be responsible for answering these contentious issues surrounding my lawyer’s claims.
If you have any questions I will gladly provide you with any paperwork that I have in my possession to demonstrate to you that what I say is true.
RECOURSE
I am not quite sure how to do this next part of this and I ask the court’s leeway in helping me make it so
I ask that all parties who signed the seventh term sheet that pledged to WYETH to drop all clients who remain in the original settlement turn over fifty percent of what they received from the payout of the seventh amendment claims. I am not requesting that any money awarded to the claimants be turned over to me.. they should be allowed to keep every penny, just fifty percent of what they made off of their clients. I am within my rights to request this because a lawyer is supposed to withdraw from representing all clients in a settlement not just the ones who were removed. Since these lawyers pledged to drop clients who stayed in the original settlement they should not be allowed to represent the ones who opted for the seventh.
I ask that my lawyers turn over all money they made from the seventh whether it be in class counsel fees or award fees.
I ask that an investigation be done on all of my lawyer’s claims. Not just the claims in the original settlement but also the ones he placed in the seventh. None of my ex lawyer’s claims from the seventh were labeled as manipulated because the green form algorithm was not used to catch the manipulated claims as it was done so in the original settlement.
I ask that the court impose a fine and prison time for the people who were responsible for manipulating my echo.
I ask the court to have Class Counsel to turn over to me five million dollars for hiding evidence of fraud committed against me and having these seventh issues dumped into my lap.
I am asking the court to have the Trust turn over to me a sum of five million dollars for hiding evidence of a crime committed against me.
I ask the court to have WYETH pay me ten million dollars for hiding the irregularities of my lawyers echo process from me and thus denying my day in court. The results of my attorney investigations and WYETH’S participation in the development of my green form algorithm shows proof they knew something was amiss.
Finally I ask that WYETH and The Trust rescind the seventh amendment’s end date for claimant benefits for claimant’s who had accepted the seventh, and continue to provide them the same benefits until 2015 that they originally had. I ask for prison time for all parties who engaged in hiding the above criminal acts.
Sir I apologize for the lack of professionalism in this motion, I don’t know how to do it any different
I also apologize for not presenting you a copy of the signed seventh term sheet but Class Counsel stated that I cannot have this. ( I am unable to provide a certificate of service to these parties)