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Settlement reached, do I still have a claim?

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DemoSTL

Junior Member
What is the name of your state (only U.S. law)? MO

If a company decides to reach a settlement do I still have a claim? The settlement was reached about a year ago. Due to my own medical issues, hiring an attorney was put on the back burner and just recently I came across via the internet of the settlement.

I still have this recalled item preserved and curious as to if it really was the cause of a family members death, not to mention what to do with it.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? MO

If a company decides to reach a settlement do I still have a claim? The settlement was reached about a year ago. Due to my own medical issues, hiring an attorney was put on the back burner and just recently I came across via the internet of the settlement.

I still have this recalled item preserved and curious as to if it really was the cause of a family members death, not to mention what to do with it.

Did you sign a release? Did you recieve the benefit of the settlement?
 

DemoSTL

Junior Member
Did you sign a release? Did you recieve the benefit of the settlement?

I signed or received nothing. I had a group of attorneys send me their "package" then I was involved in a car accident suffered 2 strokes and a host of other complications and that is why the "package" was not sent. And like I said, I just read about the company reaching a settlement. I contacted the attorneys and they are no longer representing clients for this specific defective product.
 

DemoSTL

Junior Member
If so, you would have needed to opt out.

It was at one point, but a superior court threw it out and legislation was started to change the medical device act of 1976 - H.R. 1346. The company settled out of court.

Just not sure where I stand at this point.

Thanks for your time.
 

Zigner

Senior Member, Non-Attorney
It was at one point, but a superior court threw it out and legislation was started to change the medical device act of 1976 - H.R. 1346. The company settled out of court.

Just not sure where I stand at this point.

Thanks for your time.

It would likely depend on the terms of the settlement.
 

ecmst12

Senior Member
A settlement for a class action suit means that you would have had to opt out of the class prior to the settlement in order to sue separately.
 

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