ED Magedson – Founder
MERCK CORPORATENEW JERSEY, Select State/Province USA
MERCK CORPORATE CONSUMERR FRAUD, NEGLIGENCE, FALSE ADVERTASING, DIRTY HANDS! NEW JERSEY New Jersey
I RESEND MY REPORT IN A LIGIBLE FORM!
#1 Author of original report
COMPLAINT REGARDING MERCK AND HIS ACCOMPLICES’ DIRTY HANDS
AUTHOR: Antigona - ()
SUBMITTED: Saturday, August 17, 2013
POSTED: Saturday, August 17, 2013
COMPLAINT REGARDING MERCK AND HIS ACCOMPLICES’ DIRTY HANDS ( CASE #)
I filed a law suit against Merck because for years I used Vioxx and I developed severe health problems inclusive multiple lacunars strokes. [continued below]....
In July 2012, The Supreme Court of Louisiana ( where all Vioxx cases rules) denied with prejudice my case only because my bankruptcy lawyer refused to list the lawsuit in Schedule B as a possible asset, and who refused to reopen the case to amend Schedule B.
I did myself in August 2012, and the Bankruptcy Judge granted my motion. When I served the judge’s order to the creditors, 10 envelopes came back. I contacted by phone the creditors who returned the envelopes, and they told me they never had business with me.
In this way I found out that my Bankruptcy lawyer used double evidences with forgery, inflated the amount and added 10 more creditors.
The Trustee sent me a “ NOTICE OF ABANDONMENT OF PROPRIETY” inclusive Merck, and I could continue in my own my case.
I filed a Motion for Reconsideration, and the Supreme Court of Louisiana denied my motion.
On August 8, 2012 I send my Appeal and a Notice for Forma Paupers in The United States District Courts of Louisiana for the United States Court of Appeals for the Fifth Circuit with delivery confirmation.
Additionally, I included a stamped envelope to receive a confirmation of receiving my appeals in court. The envelope never came back.
I deposited my copy with proof of service in my safe deposit box at TD Bank, and I asked the Law Firm O...... to send me a copy of my filed appeal.
On August 24, 2012 I received an email from the Law Firm O... where said: “ ....., I am attaching your notice of Appeal and motion to proceed in forma paupers, which I just received a few minutes ago via the court’s docketing system(PACER). The notice of appeal should also be filed with the Fifth Circuit Court of Appeals. You will need to contact the Pro Se Curator because you have a motion for reconsideration that has not yet been ruled on by the Judge, there may be issues with your notice of appeal” (EXHIBIT Pg. 1).
At the beginning of October 2012, I called the United States Court of Appeals for the Fifth Circuit Clerk’s because I do not have access to my file , and I asked what happened with my appeal and my motion for forma paupers.
The Clerk directed me to contact The United States District Courts’ Clerk Pro Se Office because they did not have any appeal from me.
I contacted the District Office, and the Clerk told me that they did not receive any correspondence from me regarding my appeal. I told them I sent with delivery confirmation, and I will check with my copy.
Next day, I went I went to my safe deposit box at TD Bank I found none. My copy was stolen. I contacted the Defendant’s Merck by email, fax, phones ( messages ) to help me with a copy of the copy served by server to them. NO ANSWER.
After, I contacted the Curator’s office paid by The United States District Courts to help me the Pro Se in Vioxx case, and help me to locate my appeal and Notice of Motion. The Curator Office, told me that they cannot locate my appeal because was not filed and directed me to contact in The United States District Courts for the United States Court of Appeals for the Fifth Circuit Clerks.
The Clerks continued to tell me that the 30 days are over to appeal, and my appeal was not sent. Defendant Merck continued to be silent. All were stolen. NO ANY PROOFS! Then I remembered that I should have in attachment the email from the Law Firm O..... who Pro Bono sent me the a copy in Case ..........., of my Filed Appeal as Document ......Filed in August 24, 2012 ( 14 Pages), and my Filed Notice of Motion for Forma Paupers as Document ....., Filed in 8/24/2012( 10 Pages).
I contacted again the Curator office and they still cannot locate my filed documents.
I contacted again the Courts Clerks and also they cannot locate my filed documents.
On October 11, 1012 I sent a fax to The United States District Courts Clerk’s Pro Se Office and Defendant Merck where I said:
“ Yesterday October 10, 2012 I spoke with Appellate Division regarding my appeal in the above case. My appeal and my Motion for forma paupers was sent in your court and filed on August 24, 2012 as Document ID...... ( see Attachment)…” …”( EXHIBIT Pg. 2).
No one could locate my filed appeal., inclusive teh Curator 's Office cannot locate my appeal.
On October 11, 2012 the Curator Office, after I gave the appeal and motion numbers filed in August 24, 2012, sent me an email where said that they located my documents :
“ Ms. ...... I did locate your Notice of Appeal …”( EXHIBIT Pg. 3).
On October 12, 2012 I wrote to the Curator Office:
“ Dear Ms. ........... It is really painful to se [see] that Merck does dirty and illegal things. My Notice of Appeal and Notice of Motion for Forma Paupers disappeared from my safe deposit box at TD Bank. What was interesting and surprising you cannot locate my notice of appeal even as you know was filed in August 24, 2012. Same with Appellate Davison a day before yesterday…. It us [is] very strange who stole the documents, and why was so hard to be located. What explanation do you have st [at] at all this? …”( EXHIBIT Pg. 3).
I continued to call and to leave messages to the District Court Clerk’s Pro Se Office and no answers. On October 17, 2012, The United States District Courts Clerk’s Pro Se Office called me and told that finally they located only my Notice of Motion for form Paupers” , and NO ANY APPEAL, even was send in the same envelope. Additionally, the clerk told me that the legal term to file an appeal is over from September 2012.
I told him that is not correct because my appeal was filed in Court. He continued to tell me that is not true.
On October 17, 2012, I faxed to the District Court’s Office the same fax from October 11, 2012, where I added by hand:
“ Dear Mr. Clerk My Notice of appeal was filed on 8/24/2012 under Document ......... ( Please see Exhibit 1), and was sent on August 8, 2012 ( Exhibit Pg. 2). My entire copy was stolen by interested person( institution ) from my pretending very safe place. The Motion for forma Paupers was also filed on 8/24/2012 as Document ........( please see Exhibit Pg. 3). Thank you for your help. Respectfully ..........” …”( EXHIBIT Pg. 2).
Immediately, I closed the safe deposit box, and I did a complaint to TD Bank regarding stolen propriety( not the firsts time).
Finally, the Fifth Circuit Check located and my Notice of Appeal. I started to work at my brief. My copy of Brief and Exhibits I posted in my storage.
All these ‘ miraculous missing of my Notice of Appeal and Motion for Forma Paupers “ created a totally unpleasant situation for me and my case.
At the end, my Motion for Reconsideration was denied by Justice Fallon (even I satisfied the alone impediment for which the Justice Fallon and Defendant Merck asked to dismiss my case).
In August 2012, I scheduled the case with Merck, and The trustee abandoned the case). My motion for Forma Paupers also denied.
MY APPEAL THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
Finally, I was directed by the Clerk from the Fifth Circuit to file again a Notice of Motion to proceed as paupers and to prepare my brief. I filed my Motion for poor person and my Brief.
I demonstrate in my brief that my bankruptcy lawyer unprofessionally, and intentionally did not scheduled Merck as pending law suit. Also, I submitted the Trustee Abandonment where said that Merck is not ESTOPELL ( the alone cause for which my case was denied in inferior court).
Supplementary, I submitted an Affidavit with 14 pages Exhibits in support of my Notice of Motion for poor person ( I am in SSI and SSD which is not more $ .... / months).
In June 25, 2013 my appeal and my motion for poor person was denied with prejudice. THE ORDER SAID:
“ …An IEF [ proceed in forma paupers] must demonstrate that she is a pauper and that she will raise nonfrivolous issues on appeal. ....... has not demonstrated that she has a nonfrivoulous argument for appeal regarding the district court’s judicial espoppel finding and grand of summary judgment” ……Accordingly, her motion for leave to proceed IFP is DENIED, and the appeal is DISMISSES as frivolous..”( EXHIBIT Pg. 5).
And in the deputy “ MEMORANDUM TO COUNSEL OR PARTIES LISTED BELOW” said:
“ The judgment entered provides that plaintiff- appellant pay to defendant-appellee the cost on appeal” …”( EXHIBIT Pg. 6).
I was really shocked. The District Court Judge in his order, and Defendant Merck in his Motion for Summary Judgment did not consider my health problem, multiple lacunars strokes , chronic angina, heart surgery et all., “ frivolous” and the Fifth Circuit consider frivolous.
Preparing my Petition for Panel Rehearing, I discovered that my Brief was falsified premeditatedly, and vandalized. I contacted the Fifth Circuit Court, and bad surprise, the file in court also is vandalized by criminal hands.
I filed a Notice of Motion for Trial de Novo and for Leave to Recreate the Brief and Exhibits which was denied.
My Brief is not published and nobody can know the truth, only because is falsified and as the Deputy Clerk said:
” The court has entered judgment under FED. R. APP. P.36. ( however, the opinion may yet contain typographical or printing errors which are subject to correction” (Exhibit Pg.6).
I did not have opportunity to make any correction, and the Court or Defendant Merck did not complain that my Brief was vandalized, and is not any concordance between the content of my the Brief , Affidavit and Exhibit.
All because was falsified by people paid by Merck, especially do not be published.
Finally, and my PETITION FOR PANEL REHEARING was denied.
All these abuses were and are done by Defendant Merck together with his accomplices for years.
Honorable Justice Fallon, from Inferior Court said in his Order dated July 25, 2012 Pg. 4-C:.
“ Merck argues that the disclosure was not inadvertent”.
It was inadvertent for my part , and not inadvertent for my Bankruptcy lawyer, corrupted by Merck, his accomplices. All knew I must to pass away with VIOXX taken for years, and so many poisoning with Carbon Monoxide and toxic gases.
Merck and his accomplices rushed to do:
No any respect for American Justice and me as human being .
To have multiple lacunars strokes, Chronic Angina, and other severe heart problems is “frivolous “ for the Fifth Circuit? The question are:
• WHY TD BANK WHO GIVE ACCESS TO INTERESTED PEOPLE TO STOLE MY COPY AND MY PROOF FOR MY NOTICE OF APPEAL,
My answer, because "typographical or printing errors " were done in purpose by people paid by Merck and accomplices to win the case , and be an pretext do not be published my Brief and the truth to be know.
From the Justice Fallon” Order: ”[ my name] .......also suggest some desire to reopen her bancruptcy proceedings to cure the omission”…. ” furthermore, while ...... makes some reference to reopen ing her bancruptcy proceeding, and states in an affidavit that she will do so in the future( rec. doc. 63982-1 at2), she has not actually made any attempt to do so ( other than writing a letter to her former attorney) at this time “ JUDGE F..... ORDER JULY 25, 2012, pg. 3, and 5.".
I did in August 2012. ” The court has entered judgment under FED. R. APP. P.36. ( however, the opinion may yet contain typographical or printing errors which are subject to correction” (Exhibit Pg. 3). I never have the chance to correct the " errors" not done by me! ….” The judgment entered provides that plaintiff –appellant pay to defendant –appellee the cost on appeal” (Exhibit Pg.3)”.
I have to pay Merck for fraud , perjury et all, and because rined my health.
Additionally, the on November 29, 2012 I received from ”Trustee” a: ” NOTICE OF ABANDONMENT OF PROPRIETY TO ALL CREDITORS, THE DEBTOR, AND OTHER INTERESTED PARTIES “ where said: ” PLEASE TAKE NOTICE, that effectively November 29, 2012 (the ” Abandonment Date”), Ian J. Gazes, Chapter 7 Trustee ( the ”Trustee”) of the above captioned bankruptcy case of […]( the “Debtor”), will be deemed to have abandoned to the Debtor, pursuant to 11 U.S.C. & 554(a) and Fed. R. Bankr. P. 6007 , the following propriety All of the Trustee’s right, title and interest, if any, in each of the proceedings set forth on the Debtor’s Amended Schedule “B” ( the “Proceedings”) – (Pl. App. Record- Excerpts, EXHIBIT4, – Pg. 1, 2, 3). "
The courts does not like the Pro Se. But for me was really hard to find a lawyer in contingency to fight with Merck’s well paid lawyers, and capable of everything.
THE FIRST PRESIDENT OF THE UNITED STATES OF AMERICA GEORGE WASHINGTON PROTECTED THE RIGHTS OF SELF REPRESENTATION. He said:
”….the right of self-representation has been protected since the beginnings for Nation. Section 35 of the Judiciary Act of 1789, 1 Stat .73, 92 enacted by the First Congress and signed by President Washington one day before the Sixth Amendment was proposed, provided that in all the courts of United States, the parties may plead and manage their own causes personally “ Feretta v. California, 422 U.S. 806, 813( 1975).
Also,”It will be an evil day for American Liberty if the theory of a government outside supreme law finds lodgment in our constitutional jurisprudence. No higher duty rests upon this Court than to exert its full authority to prevent all violations of the principles of the Constitution” Gomillion v. Lightfoot, 364 U.S. 155 (1966), cited also in Smith v. Allwright, 321 U.S. 649.644
“Constitutional ‘rights’ would be of little value if they could be indirectly denied.” Juliard v. Greeman, 110 U.S. 421 (1884).
“Where rights secured by the Constitution are involved, there can be no ‘rule making’ or legislation which would abrogate them”” Norton v. Shelby County, 118 U.S. 425 p. 442.
“Supreme Court Justice Field, "There is no such thing as a power of inherent sovereignty in the government of the United States... In this country, sovereignty resides in the people, and Congress can exercise power which they have not, by their Constitution, entrusted to it. All else is withheld."
Mallowy v. Hogan, 378 U.S. 1 "All rights and safeguards contained in the first eight amendments to the federal Constitution are equally applicable." Miranda v. Arizona, 384 U.S. 426, 491; 86 S. Ct. 1603 "There can be no sanction or penalty imposed upon one because of his exercise of constitutional rights." Simmons v. United States, 390 U.S. 377 (1968) "
“The claim and exercise of a Constitution right cannot be converted into a crime"... "a denial of them would be a denial of due process of law". Warnock v. Pecos County, Texas., 88 F3d 341 (5th Cir. 1996).
Justice Black wrote in the plurality opinion:
”A State can no more discriminate on account of poverty than on account of religion, race, or color”. "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws" Elmore v. McCammon (1986) 640 F. Supp. 905 .
I hope you will find my case good for your attention, and for an investigation.
Anticipate thank you.
PART II -At my Report ” MERCK’s DIRTY HANDS”.
AUTHOR: Antigona - ()
SUBMITTED: Wednesday, August 14, 2013
POSTED: Wednesday, August 14, 2013
PART II -At my Report ” MERCK’s DIRTY HANDS”.
In support of my complaint against Merck, I submit a copy of Subpoena Duces Tecum served by server to the Rainbow Pharmacist who deleted abusive my history with VIOXX, and ignored the Subpoena signed by a Supreme Court Justice to cover Merck’s illegal acts with VIOXX.
Also , I submit a copy of Subpoena Duces Tecum served by server to ” Oxford Insurances” who also refused to respect Subpoena signed by a Supreme Court Justice to cover Merck’s illegal acts with VIOXX.
Also, I submit the last correspondence received From UNITED STATES COURT OF APPEALS-FIFTH CIRCUIT- (where Notice of Appeal disappeared for 60 days from the District Court, my Brief, Affidavits and Exhibits were vandalized, my Notice of Motion for Trial de Novo, to Recreate the Brief, and my Petition for Rehearing were in abuse of discretion denied), and ”the electronic copy of the record had been recycled” ( EXHIBIT Pg. 3)
In Exhibit Pg. 4, 5. I send my complaint sent to Bellevue Hospital, who is accomplices with MERCK, GLENCORD BULDING CORPORATION, GISTIZIA AGRESIVO, CONSTANCE CINCOTTA et al.
Bellevue Hospital not randomly, in May 19, 2012 , when I arrived at at 6:30 AM ( never went before in this hospital ), poisoned by with the same secret weapon (Carbon Monoxide and Toxic gases) used by GLENCORD BULDING CORPORATION, GISTIZIA AGRESIVO, CONSTANCE CINCOTTA, the doctors hide the blood for test under bed, and told me every test is OK. Additionally, gave me Ketorolac, medicine TOTALLY not indicated in my condition, but was administrated with criminal intentions to have stroke. The hopital discarged me in totally unhealty condition, only to have stroke.
Also, in support of my complaint I submit an article regarding the Merck illegal acts with VIOXX:
”The 6 Types of Pills Big Pharma Wants You Hooked On for Life
By Dr. Mercola
What would you say if you knew someone had killed 60,000 people? Would you call it a felony of the worst kind, times 60,000? If you totaled up the value of all those lives in criminal court, what would you say they're worth?
Or—how about a measly $321 million in exchange for a guilty plea to a misdemeanor? When you consider that this involves the second-largest drug maker in the U.S.—Merck—and its deadly drug Vioxx, then you'll probably agree that a misdemeanor and a $321 million fine amounts to nothing more than a slap on the wrist.
Business analysts were estimating a $25 billion judgment when the drug was taken off the market, but even when combined with the $4.85 billion in payouts to patients who suffered heart attacks and strokesi, the final bill is nowhere close to original estimates of the damage.
Yet that's the plea agreement Merck recently made with a federal court in Boston on April 19ii, after being charged with illegal promotion of Vioxx for treatment of rheumatoid arthritis, before it was approved for that use.
The sad tale brings up memories of what I tried to warn readers about in 1999, when I showed that people taking this drug were at a massively increased risk of dying from heart disease and stroke. It's tragic that Vioxx was removed only AFTER 60,000 people died.
It's even more tragic that a court would consider Merck's illegal promotion of the drug a misdemeanor rather than a felony, since this tactic clearly exposed far more people to the dangerous drug than it would have otherwise. And, adding insult to injury, instead of the billions that Merck anticipated paying out, it got away with such a paltry sum.
"In about 96 journal publications, Ross and his colleagues discovered internal Merck documents and e-mail messages pertaining to clinical study reports and review articles, some of which were developed by the company's marketing department, not its scientific department. In others, there is little evidence that the authors recruited for the report made substantial contribution to the research itself. ... Some of the authors listed in the Merck study reports of concern... question the true nature of ghostwriting. One neurologist originally listed as "External author?" and then listed as Dr. Leon J. Thal, of the University of California, San Diego in the final draft, died a year ago in an airplane crash."
WHAT WILL BE THE NEXT FOR ME ? AN INNOCENT CAR ACCIDENT? MORE CARBON MONOXIDE?
This report was posted on Ripoff Report on 08/20/2013 07:08 AM and is a permanent record located here: http://www.ripoffreport.com/r/-MERCK-CORPORATE/NEW-JERSEY-Select-StateProvince/MERCK-CORPORATE-CONSUMERR-FRAUD-NEGLIGENCE-FALSE-ADVERTASING-DIRTY-HANDS-NEW-JERSEY-1077337. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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