Legal Question in Product Liability in California

Hi, I used Zicam 12/06 and lost most of my sense of smell. There is a class action law suit. I contacted a few attorneys but they were not taking on new clients. Recently I found 2 in northern CA taking new clients.

Both take 35-40% if I win and I would pay expenses whether I win or lose. I am not comfortable with that.

I asked for a cap of $2,000 on the expenses. They said no but emailed me a letter that stated I would not be responsible for expenses unless I win.

I asked that the language in the letter be added to the contract and was told "no" and that the state of CA did not allow that. Whatever.

My question is this: Would the letter hold up in court should they want their expenses paid if I do not win?

Any suggestions with any of this?

I was told the statue of limitations run out in June 2010.

I have the Zicam box and 1 of the packaged nasal swabs.

I have talked with 2 ENT doctors. One of them 2 yrs ago told me about the class action law suit. One 6 months ago did an MRI to rule out a sinus tumor.

Thank you,

Liz

[email protected]

480-560-2987


Asked on 1/06/10, 11:02 pm

1 Answer from Attorneys
Melvin C. Belli The Belli Law Firm

It is what the contract says that controls not a letter. Their fees sound a little high because it is usually 1/3 before trial and 40% if the case goes to trial. The costs are paid from client's share if any. Make sure it says you are not responsible for your attorney's costs if they don't get you a recovery.

It is not reasonable to cap the costs because you might have to spend more to get a recovery. Given what you said and based on our experience in mass torts such as this $2,000.00 is not a reasonable cap. What maybe reasonable is to require approval which will not be unreasonably withheld.

Then again they might just not want to deal with you because there are so many cases out there with a lot less demanding clients.

If you need the names of some good drug class action lawyers give me a call at (415) 981-1850.

Hope this helps and good luck.

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Answered on 1/12/10, 1:27 pm


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