Federal judge dives into Digitek lawyer fees
CHARLESTON, W.Va. (Legal Newsline) - U.S. District Judge Joseph Goodwin staged a 31-day test of wills between lawyers with so much drama he could have sold tickets.On May 5, the West Virginia federal judge ruled that drug maker Actavis and distributor Mylan should pay lawyers who led national litigation against them, but not nearly as much as the lawyers want.
He prescribed "a very substantial reduction" for lead counsel and the plaintiff steering committee, who petitioned for more than $6 million on a $10 million settlement.
"Even a cursory review casts doubt on the accuracy and legitimacy of a sizable portion of the fee requests," he wrote.
He found "pages of vague time entries devoid of meaningful descriptions."
Actavis had asked him to award nothing or an extremely small amount, but he wrote that lead counsel and the committee "are entitled to a significant award."
He wrote that if the parties don't resolve it by June 5, he will.
Litigation started in 2008, after Actavis recalled a batch of heart medicine Digitek due to fears that a factory in New Jersey produced pills of double thickness.
Some suits claimed personal injuries, and some claimed economic losses.
The U.S. Judicial Panel on Multi District Litigation consolidated cases from around the nation and assigned them to Goodwin.
He granted a motion from Actavis and Mylan to inspect medical records of injury plaintiffs, and they found that many had sued without any records.
Those claiming economic losses moved to certify a class action, and Goodwin denied it.
He found individual issues would predominate over common issues.
No plaintiff produced a double pill.
Depositions of plaintiff experts last summer went well for the defense, according to briefs the plaintiffs don't dispute, and settlement quickly followed.
Actavis and Mylan agreed to pay $10 million to settle about 3,200 injury claims in Goodwin's court, plus $3 million for claims in state courts.
The agreement left the award of fees and expenses up to Goodwin.
Lead plaintiff lawyer Fred Thompson, of Motley Rice in Mount Pleasant, S.C., asked for about $4.7 million in fees and about $1.3 million in expenses.
Actavis lawyer Richard Dean of Cleveland proposed to award zero, or an amount as nominal as the settlement.
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Lead plaintiff lawyer Fred Thompson, of Motley Rice in Mount Pleasant, SC, asked for about $4.7 million in fees and about $1.3 million in expenses. Actavis lawyer Richard Dean of Cleveland proposed to award zero, or an amount as nominal as the
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