Medical Settlement


I am in my 22 year of marriage and I had a vasectomy after 15 years of marriage. After I had the vasectomy, my wife went on birth control pills which struck me as odd. She said her OB suggested Jasmine birth control to help with mood swings especially around her period and her age.

My wife was over 40 years old and smoked. All the warnings of this product said women over 35 and ones who smoke were at high risk for blood clots and a array of other health problems. I mentioned this to her but she continued to take the birth control and smoked.

She ended up with a blood clot in her leg that almost killed her. Doctors said that the birth control “probably” played a major role in the blood clot.

She joined a class action suit that was suing Bayern. This process began while we were married. We covered all medical bills that insurance didn’t. I even borrowed from my parents to cover the remaining bills.

My wife moved out 10 months ago, we are seeing a marriage therapist, we do not have a formal separation agreement, we do not even have an informal separation agreement. I still do not know if we are going to make it as a couple or not.

About 4 months ago she had me sign several forms from the attonerys handling the class action suit. My name was on the documents.

Last month the class action suit was settled and she received her settlement check minus attornery fees, insurance fees and other items. She called me and wanted to get together to discuss the spliting of the check.

She wanted to take care of some mutual debt and son’s college dedit and split the remainder.

Now she has stated she has had second thoughts on the matter and now does not want to share any of it.

Does she have any legal obligation to split that check with me or was she just being generous at the time?

Do I have any claim to the settlement. I paid the medical bills and even borrowed to finish paying them and her health issue gravely affected the family, me included. She loss work and when she did return it was only part time until she was stronger. During those months we lived off of my income only and credit cards. I then had to borrowed from my parents to help us out with the credit cards.

I do not want what I am not entitled to but at the same time I was responsible during those times and took care of my wife and family and incurred debit directly related to her medical condition. Do I have any position at all?


Whether the settlement is marital or separate really depends on what the settlement funds represent. If they are for lost wages or medical bills that have been paid, they are marital, so I would put together those figures, and make sure those amounts are applied to marital debts and expenses.