What Will Happen to John O’Quinn Class Action Former Clients?

John O’Quinn is not around to defend himself, but if he was, he’d still be fighting for a settlement on behalf of his approximately 3,500 clients. After O’Quinn’s untimely death in an auto accident in October, his estate lawyers have agreed to pay $46.5 million to settle a case that Terry Scarborough has been pursuing for a decade for the silicon implant class-action lawsuit case to reimburse the women involved.

The issue in the litigation process is whether O’Quinn’s law firm had a right to deduct the standard fee amount from the clients’ settlements of their share of the expert studies and costs that benefited the underlying tort case dealing with the plaintiffs claim over breast implants. Scarborough has claimed that the deduction wasn’t permitted for reasons that these fees were not a provision in O’Quinns representation agreement, which an arbitration panel agreed, stating that O’Quinn was indeed in breach of his fiduciary duties.

O’Quinn appealed the arbitration, and requested a full briefing on the merits of the amount required by the security bond in the amount of $45 million dollars that was order and signed by Judge Gossett. Just before O’Quinn’s death, the Texas Supreme Court upheld Gossetts ruling. Also, after O’Quinns death, Gerald Treece, his estate lawyer, proclaimed that after studying and analyzing of the law that the case would likely have ended in a loss for O’Quinn’s’ Law Firm and it would be best to settle now rather than watching the interest required by the security bond to continue to grow. Treece finally said that the settlement was the right thing to do and that is was time all the women in the breast-implant lawsuit get whatever is due to them. As of today, with the original security bond amount of $45 million dollars, plus the interest earned up to the settlement date, the O’Quinn’s’ estate will pay out $49 million dollars.

This entry was posted on Tuesday, April 6th, 2010 at 1:30 pm and is filed under Class Action News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

2 Responses to “What Will Happen to John O’Quinn Class Action Former Clients?”

  1. Robert Jones Says:

    I had a hip replacement in 1997 that went wrong, it was done again in 2002, the doctor put in a hip that
    was 3and 1/2 centermeters too long, it had to be done again, this time the femur shattered which resulted in a 7 hour opp. I have had it done 3 more times, it is still no good. the hospital have wiped me, saying they don’t know what is wrong. I am in
    constant pain and sickness, i cannot walk more then 50 meters. No doctor wants anything to do with me.
    Is there something you can do.
    Robert Jones
    7 Coolawin Court
    Toowoomba QLD
    Australia 4350 phone 0746332206

  2. Robert Jones Says:

    Do you help people like myself

 

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