|
What's your legal opinion on this case?
One of my friend's father died last year. His father had gotten divorced and gone gay in his 50's and was living with a male partner.
The guy was taking Fen-Phen the diet drug and had a heart attack and died.
The deceased had signed papers for that class action Fen-Phen case settlement prior to his death. The check arrived a couple weeks after his death and the male partner kept the check without telling anyone and cashed it.
The deceased's children are now suing the drug company with the strategy that the prior signed settlement agreement is null and void because the deceased father never got the check before he died and therefore no consideration in the agreement was ever received and accepted by the signator of the agreement.
I told him they might have a good shot at it under these circumstances and a judge might vacate the prior signed agreement and allow them to sue for the father's death.
|