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Verdict In! $5.7 Million for Ms. Perry in her Pelvic Mesh Trial

Coleen Perry

Coleen Perry

Verdict Day

During its fourth day of deliberations, the jury in the product liability trial of  Perry v. Ethicon finally decided for the plaintiff, Coleen Perry and awarded her $5.7 million.

This morning the jury in the Bakersfield, California court was reportedly quiet and did not seek any additional testimony as they had during the three previous days.

Ms. Perry was implanted with an Abbrevo mini-sling in 2011, as a treatment for incontinence. She has since suffered chronic pelvic pain, dyspareunia, mesh erosion, shrinkage of the mesh and scar tissue formation, among other complications.

The verdict break down includes:

  • $700,000 in compensatory damages

  • $5,000,000 in punitive damages abbrevo

The Abbrevo mini-sling, made of polypropylene, was found defective in its design and in its instructions to doctors, the end users.

This is the first punitive damages award against Ethicon/J&J for a case involving a mesh sling (as opposed to mesh for pelvic organ prolapse).

Attorney Peter de la Cerda tells Mesh News Desk, “We couldn’t be happier for Mrs. Perry.  The jury’s verdict shows thoughtfulness for the serious and life-altering injuries she sustained from the TVT Abbrevo.  The jury’s verdict also sends a clear message to Ethicon, Inc. and Johnson & Johnson – the concerned citizens of California will not stand for these manufacturers’ improper conduct in designing and marketing the TVT Abbrevo.”

Plaintiffs’ attorneys had asked for a minimum of $17.2 million for pain and suffering, future medical expenses and punitive damages.

The Abbrevo mini-sling, made from Ethicon’s Prolene mesh, remains on the market unlike its prolapse mesh, Prolift and the TVT Secur which were quietly removed almost three years ago.

During the trial, Ms. Perry’s attorneys showed jurors how polypropylene mesh degrades over time and erodes into vaginal tissue. Scar tissue shrinks and forms painful bands that lead to chronic pelvic pain and dyspareunia (painful sex). The defense, representing Ethicon, a division of Johnson & Johnson, tried to show how Ms. Perry had an active life with her husband and even went zip-lining with him in Hawaii.

The jury was shown the Material Safety Data Sheet – a label that accompanies raw polypropylene resin, that warns the resin material is not intended to be used in making implantable medical devices.  Despite that warning from Sunoco, a petroleum company, the resin was used to make the Abbrevo and other pelvic meshes.

Ethicon’s TVT-O, a transobturator sling, has twice been found defective in jury trials (Huskey, Batiste). The Prolift trial of Linda Gross, conducted in a New Jersey courtroom in February 2013, yielded the highest jury award against J&J to date, $11.1 million, which includes $7.76 in punitive damages. That case is on appeal.

cvnThanks to Courtroom View Network to access to a live feed during this trial. The conditions imposed by the court are that the Mesh News not quote directly or show any images from the trial.   

74 Comments

  1. stopmeshimplants says:

    Thank the Lord and our justice system.

    • Vicki says:

      Great news for Ms Perry. I have had the mesh removed and thankfully my husband is still by my side but frustrated at the loss of marital relations due to my health issues from the mesh. I now wait for everything to fall and then have to decide what to do as my doctor wants to but more mesh in, he tells me he thinks he got it all, but who really knows. I will not allow more mesh to be implanted and am shocked to hear that it is still being used.

      I would hope thinks move along now that J&J can see these big awards coming down. What I don’t quite understand is how we move forward. My lawyers keep giving me the same old run around, can I also get my case heard in my state or am I required to continue under the bellweather trials. I can not get a straight answer from my attorneys. They are the same group that began trial this week. Frustrated and tired of waiting.

    • upsethusband says:

      I’m really happy to see that Miss Perry won the case but with everything appealing not sure how that’s going to play out but my wife has been suffering since October of 2008 and we don’t even have a trial date yet…I think by the time she gets to trial..the money will be gone

      ..she was implanted with the coloplast

      Aries

  2. Linda h says:

    So happy for her. Finally justice for what she has gone through and will endure for the rest of her life. Thanks to the court watchers for bringing awareness and updates!

  3. msm says:

    YES !! YES !! YES !!

    Take THAT Ethicon !!

    Congrats to Ms. Perry. Thank you for standing up and persevering for all other victims!

  4. This is a criminal business: knowingly harming patients for profit. Financial verdicts are not enough to protect patients and stop the nefarious white-collar crime that has attracted so many participants. Prison terms are required.

  5. sandy says:

    okay then is anybody else listening to this I mean the medical companies you’re offering 40, 60 thousand even 200,000 to women when the averaged person on the street can see that we should be awarded millions!!! and the other thing is you’re dragging this out forever while people suffer losing homes marriages going to hell and women have lost everything!! I am one of them women I suffer everyday with pain yesterday I fell because my leg gave out and almost broke my nose I have no marriage anymore I sit in the house all by myself day in and day out pleading to God give me the strength to make it through until some day when I finally get paid if ever! one minute I’m mad as hell the next I’m crying so hard I’m begging God to take me home all because you sons of b****** have done this to us and you destroyed our lives without our permission. you can keep dragging it out but everytime that I see somebody like this Mrs. Perry who God bless her soul got what she deserved makes me want to just hang in there that much longer if it takes till hell freezes over I am NOT going to take your measly awards you want to give me when you have destroyed my life too!! I’m tired of hearing how you guys can’t afford it but you sure can afford to destroy thousands of women’s lives! the only difference between me and mrs. Perry and lots of other women is she got to go to court and get this kind of award and others dont. we are all hurt we should all be paid according to what the public thinks we should be. not a bunch of companies and the attorneys in little rooms deciding what these insignificant women with their b****** and complains should get. congratulations Mrs Perry I wish you the best if I’ve offended anybody I’m sorry between you and me this whole thing stinks to high heaven and I know we’ve been over all of this before. what I was told that I would be offered right now is insidiously meager compared to what this award is and to me it’s a slap in the face I will wait to go to court if I have to I want people to know the hell that I’ve been through in the last 3 years and probably for the rest of my life ( which to be honest with you some days I don’t even know if there’s going to be a tomorrow) they are not going to erase me away like I don’t matter my life matter to me before you destroyed it and dammit someone’s going to pay 4 for it

    • Bonnie says:

      Wow, it was like you were inside my head and my heart. I too have been suffering since August of 2011. I’m waiting to have another surgery. I’ve already had one do to mesh corrosion. now I have that band that they are talking about embedded in the right side of my vaginal wall. the doctor I found said he won’t know until the surgery if it will be one or more surgeries. I lost my husband right after my first surgery to remove mesh from my uretha. we had no physical lifebefore he passed. we both suffered. and now I’m being offered what you say is a slap in the face. I’m basically being kicked out of my house because of bills. and I still don’t know when the pain will be over. I’m losing the house I lived in with my husband and all I do is cry and pray. I understand what you’re saying so clearly. I don’t feel so crazy anymore. Thank you

    • Diana Clark says:

      Sandy, I am thinking of you, as I too have suffered from the Monarc TOT mesh. I lost my left kidney due to it occluding my ureter. I have depression, and some days just want to stay asleep. I am embarrassed to say that, but, getting out of bed is always a new challenge. Some mornings I cannot straighten up, due to the lower pelvic pain. My mesh was removed 06/a45, by Dr. V in St Louis. He got all but a 2 inch piece on the rt. side. I now have stress incontinence issues, and will be seeing a new Urogynecologist on the 18th. I have had 3 urodynamics and will not allow more. I hope you have a good attorney, as you have a good case, and we are not ambulance chasers like people think. I cannot fathom receiving awards from my issues, it doesn’t seem real. I am still having pain and burning inside my body. I do not even feel like going out and having a “girl’s day”, as I am so fatigues. I pray you will feel peace. Take care.

      • Jane Akre says:

        Sweetie- no one thinks you are an ambulance chaser. What a horrible concept for anyone to be so judgmental and so terribly wrong.

  6. Angry says:

    This is wonderful news ! And I can not agree more this is a crime. How can any of these mesh products still be out there. It makes me sick to my stomach just knowing someone out there is having these products being put in today unbeknown that their life is really going to change, and as we all are aware of its for life. Makes me cry.

  7. Jane Akre says:

    How can doctors be using them? Do doctors read? Abbrevo is still on the market!

  8. No more Corporate greed! says:

    Brilliant! There’s still hope for the rest of us too then! Congrats to the Perry family!

  9. Summer says:

    Yes! There is a God.

  10. Me says:

    Just talked to my attorney….anyone else out there have Boston Scientific? Well they are still refusing to negotiate a settlement. Not sure what Judge Goodwin thought he helped but his little lecture and push for things to move forward did nothing. How long befor our justice system lets us have our day in court!? Damnit, give me my court date! I am tired of screwing around! Enough is enough this Judge needs to take control of this situation …Today!!!!

    • kitty says:

      Maybe BS wants to throw some Doctors’ under the bus?

    • abandoned says:

      I have Boston Scientific PP resin mesh sling and rotten representation as well as misleading info from the Law Firm in Dallas…representing me not! Regretfully, I answered an internet solicitation. My brain is fried, my body is frozen…like if I can think clearly…my body doesn’t follow. I don’t understand what has happened…it is embarrassing, terrifying, and my communication skills and ability to understand are slowly getting worse and worse. I can not talk to doctors anymore…I think I’m finished.

      Praise God that she has won after taking such a beating in court. Excellent work by Jury!

  11. tammy woods says:

    This is killing me destroyed. My life an i truely wonder how this bush of liers or getting by with this i was butchered in 2010 nothng ecept lies i got on here an reading some of i can see im not totally. Alone something needs to be done thay all need to go to jail this is crazy please. Some body help us dying in hell

  12. sandy says:

    I couldn’t agree more Me. I have a MS and even know they are supposed to be in negotiations and I say supposed to be it will be years before I get any kind of decent money from them if ever. being in negotiations is just a front for them taking their sweet time to pull this out as long as they can hoping and praying that I will either die away organ solo down and poor that I will take anything that they give me. think again I would rather die then eat s*** from them.I will pray that you will get your day in court I pray for all of us

    • Terri White says:

      Congratulation To Ms Perry. A job well done to her attorneys !! I pray for all the ladies and families going through the HORRORS of MESH !!

    • Msm says:

      AMS just sold their urinary health division to Boston Scientific. BS would not buy the women’s health portion. AMS sold it for $1.65 billion which the exact amount of the settlements. They can’t deny that the settlements are not fully funded.

      I think they want to get the settlements finalized, drop the women’s health products, and move on as ENDO. I think “AMS” will cease to exist. They don’t want that name linked to ENDO.

      Hope to see ALL of the AMS cases settled soon and as appropriately as possible.

      Just my opinion.

  13. EnoughisEnough says:

    I am going to vent a bit here. Who affected hasn’t heard the words “a simple outpatient procedure.” Who hasn’t been told it would be a quick, outpatient procedure, fairly quick recovery, and they would be back to herself and even better in a few weeks with regard to leaking with activity — well, we are still waiting — WOW what a lie by omission of what we now know by legal discovery facts to be far from the truth!!! This is anything but a “minor procedure” — just watch an online video of the actual operation and it is enough to SCARE the living daylights out of you. It is ANYTHING BUT MINOR. It will make you sick to your stomach, as part of it is a “blind” procedure. A video of these procedures should be shown to the jury and a video of the removal (if you are one of the lucky ones and it is possible to remove) should be shown as well. To think oftentimes a sales rep is the trainer for these procedures is absolutely mindboggling???? Then, to see this mesh was classified by the FDA in the same classification category as tongue depressors??? Unreal!!! Most of the major media ignores this story and, to date, the FDA has seemed to have remained quiet…….absolutely shameful!!!! Do any of these people have women in their lives they would want to protect and know the truth about what is going on??? I bet they would advise the women in their lives NOT to have this procedure. Do they care??? Does anyone care??? Yes, I am all for a woman having this procedure and happy for the ones it has helped (if it truly has helped them, but we sure do not hear from them); BUT EVERY woman deserves the factual information before considering this procedure!!! Period. Simple! Manufacturers knew that information and DID NOT TELL US — that is a deliberate LIE!! But, now, as we listen to these manufacturing companies cry out and worry and whine about them going bankrupt, this is absolutely sickening?? WHO CARES if they go bankrupt, they should go bankrupt and be PUT OUT OF BUSINESSS or they will continue to harm people!!! Their actions have bankrupted SO MANY women’s lives not only financially but with respect to so many areas of the quality of their lives, activities, marriages, just a normal womanhood, etc. We talk about marriages being ruined and/or lost but what about the single women affected by this — they may never be able to a marriage as a result of this, the list of loss is endless…… I believe Jane has reported some of these manufacturers pay upwards of 40-47 million DAILY in advertising alone?? Hmmmmm……..just cut their advertising budget would help A LOT of women! At the VERY least, these manufacturing companies should have to build dedicated clinic/hospitals in the various areas of the US and other countries affected where ANY woman affected by this could be treated for free (lodging, transportation, etc). These clinics/hospitals should ONLY focus on implant removal and training other specialized surgeons (the handful we know of who can do it) to remove these “ticking time bombs” being placed inside a woman’s body. Okay….I am done venting….. other than each trial verdict is really only a bittersweet day.

  14. Tracey says:

    Great news! This is my actual product, and our symptoms mirror’d each other.

  15. Janae Johnson says:

    It’s about time. Someone has to pay for all this pain and suffering that torments us everyday!!! I am so tired of living like this!!!

  16. Deanna says:

    Hi just wondering will any of the people who win these cases will they ever get the money ? Or will it go to appeal court! Hope not enough is enough for us all yay! For mrs perry!!

  17. kiwi70 says:

    I wish we could sue the beggars here in New Zealand. My life has been destroyed because of this MESH, cannot walk eat properly sleep or work anymore.

  18. Debbie says:

    Great news let’s hope this next trial happening now goes just as good or better they need a really BIG BIG loss like BS had to really let them think it’s going to be pointless to continue and talk wait no talks just settle do the right thing

    • Kitty says:

      I thought that Linda Gross’s verdict was appealed and then the appeal was denied. Does anyone know if she received her award? Also did the company appeal Cisson and the judge also denied that appeal. Did she get her award? Also Sandy——I hear you. You did some baking with your children and you did have one good day. You are so young and have more years to live. You need help more than me because the family is still so young. You have always been the spiritual leader for the rest of us—I will pray for a miracle in your life. You are carrying all the anger of all of us. We will all get together some day and get to know each other more personally. I have been homebound this past month with surgical repair that may or may not be mesh related—-but i am recovering somewhat. I would love to go to a court hearing. Kitty

      • Disgusted says:

        Linda Gross won on appeal.

      • addison says:

        Kitty – thanks for support and comments to Sandy and also to my family. I’m the oldest of five kids and my mom’s in her 30’s. We’re all thankful for good doctors and that she got the disability right away, but it’s awful seeing her sick and hurting so much plus everything diagnosed and in the hospital many times. She’s needed something like 150 prescriptions in a couple years, and that can’t be good. She’s such a great mom and wife, trying really hard but can’t do most of what she used to. They say it’s not likely to change much. We don’t know why this all had to happen. Thanks for thinking of us.

  19. Toni says:

    I have a regular TVT and a double Prolift implant. I had a revision surgery to remove part of the TVT that had pushed through. Since that surgery my pain has exploded. There was pain before but now thier are days I can’t get up stand up walk upright. I have barely managed to hold onto my job my house and raise my 2 sons who are now 17 and 19. A relationship with a man well what man wants a woman in my shape. I am an attractive 50 yr old. But I am alone in life because men don’t stick around knowing my health issues and of coarse how it affects intamacy what man would. I am so happy for Mrs Perry and so happy to hear that these jurors saw through Johnson and Johnson trying to blame the victims of there fraud. Wish every exec and attourney could spend even 1 day with the pain we endure. Maybe they would have some shame for what they have done to us all. Johnson and Johnson Cares BS. Only care about profits not people. I am desperatly trying to get into St Loius Dr to get this stuff out of me. I have had it since January 06 which was before FDA even knew about the Prolifts. FDA another bad subject. How are they in any way protecting the public.

  20. Miss Mesh says:

    I was told by my attorney (one on this case) that they look for them to be transferred back to our home district if we don’t accept a what the companies offer us. This could take forever. Like it was said above we have already lost our lives and I pray something happens before I am dead from this mesh or old age…

  21. tired of mesh mess says:

    It would be a wonderful thing if everyone reading this website sent an email to cedelhart@bakersfield.com

    Courtenay is the journalist who covered the trial in the local Bakersfield Californian newspaper. She wrote about it during the trial and did an article today about the verdict. It would be great if everyone let her know how much we appreciated the coverage. Just think if everyone thanked her. I think it would have quite an impact. Thank you for considering this request.

  22. Aaron Leigh says:

    HOW MANY MORE DO THEY NEED TO LOSE BEFORE THEY WILL STOP?

  23. PLC says:

    I hope J&J keep getting hit big with punitive damages as well. You have to hit these companies where it hurts and that’s their pocket books.

    I don’t understand why certain trials will not let punitive damages be awarded.

  24. ANA VELEZ says:

    When I think on the amount of money Johnson & Johnson is spending on their lawyers just trying to convince the jurors, that we are just imaging this pain they are not at fault. They know very well that this is not our fault, their greed is what has us suffering, you would think they would vow down in good contience, and apologyse for there error. Instead of saving the money they spend in trials, and lawyer, they sould be thinking of using it towards compensating all the women they hurt. The other day I went to a urogenecologist, after I left the office I was in so much pain with all the poking he did, I told my daughter I felt like I had been brutaly raped. So to those lawyer who are trying to convince the jurors. they should have a mesh implanted their testicles first.

  25. Karen says:

    Thank you Jane for your wonderful coverage.

    GOD DON’T SLEEP !!!!!!!!!! Congratulations all around !!!!

  26. Bec says:

    I have the tvt o I go the 16th to another specialist I have lost everything including my self confidence. I will be having yet another surgery, I have never stopped bleeding since the last one in June of last year. These companies have no idea what they have done to us. Thank God this dear woman won.

  27. Disgusted says:

    Hallelujah!! Praise God – the jury saw the truth. Even with the great theatrical display and confusion of the defense. Jail time is needed, defective products and a lifetime of suffering. I can’t believe they are still being sold. Yes, the Dr.’s should be held accountable too. Where is the FDA?? I guess civil court doesn’t count when a product is ruled defective. This just goes on and on!! I wish Ms. Perry all the best. I hope she gets her life back, but not betting on it.

  28. Bonnie says:

    anyone out there dealing with the company Colonplast? would be very interested in knowing how your cases are going.

  29. zoggy says:

    Thank God Justice has prevailed. Just hope all the CEOS, President, Vp and stockholders don’t go selling all their shares and get out of the company like others. There should be a law against them doing that. Hell they are getting more money than we will ever see, resign and go live high on the hog while we suffer every day and lose everything we have. I am glad Mrs Perry won its another slap in the face of J & J. Just hope they come to their senses. Hell give up a few commercial $$ and lay us to lead a somewhat normal life when we all know unexpected health costs, marriages lost and our woman hood still in suffarge. What an injustice to all of us women. Throw in the towel J & J!

    • Disgusted says:

      I agree. The laws need to change. When drug lords are caught, they forfeit everything; it should be the same for those who receive monies from ill gotten gains. They have perpetuated fraud, depraved indifference of human life, and bought substandard material that wasn’t even fit for the human body. There are so many more women who are about to find out what mesh can do. God help them! We never signed on to be tested as guinea pigs. We know the truth thanks to personal experience, Jane and the internet. Thank you Jane and all the others who are fighting for this cause. This has to be stopped. Mesh is not the only product injuring people, there are so many. We need to reign in the FDA as well.

  30. angela says:

    I am very happy this woman found some sort of justice for her case. I have been living with this mesh in me for almost 7years now. I filed a complaint with the fda almost 5 years ago over my mesh and tvt sling due to all the complications and revisions i have had. This litigation process is a nightmare for everyone involved. It disgusts me that these companies are refusing to accept fault and liability for what i consider to be attempted murder on the numerous women that have been injured, have permanent life long impairments, and have had deaths caused by these products. Judge goodwin needs to demand settlements for all every single one of us. These companies knowingly and decietfully assured all of us these devices were safe, when they clearly had the material safety data sheets that stated they should never be used in a human body. Our cases need to settle. I need to get the remaining portion of this mesh out of my body! I am horrified at what is going on inside of my body because of this mesh already, much less what will happen in the future to my body. i live in chronic pain. Pain that i shouldnt have had to endure and should not have to continue to endure. I dont have medical insurance and i cant get a doctor to even discuss removal much less actually perform the surgey which i desperately need, because i simply cannot afford it. I have been on medical leave from my job 4 times in the last 10 months and due to these medical issues i am barely hanging on to it. I filed my case over 3 years ago and still to this day have no court date scheduled.. I want to know when its going to be my turn. They owe us a court date… I get no where with my attorney because he knows just as much as i do in regards to when my court date will come. I beg judge goodwin to do what is right and make these companies settle. the neglience is clearly there. The deciet is clearly there. The failure to warn is clearly there. The intent to cause harm is clearly there, so i do not understand why these companies are all not being made to settle. Im lost and honestly just dont know what to do anymore. I dont even feel human anymore. I feel like a lab rat that was knknowingly subjected to harm for the benefit of a company.

  31. All Meshed Up says:

    Although Happy for the Perry Family there are so many more MEN and WOMEN that have been injured by HERNIA Mesh as well as Gynecological Mesh that have NO chance of EVER having a case in front of a judge. Celebrate the few but please remember the many.

    I would also ask the same question Kitty did but expand on it a bit, How many of the women that have been awarded “Substantial Settlements” have actually recieved any monies from those Court cases? Appeals and legal rangling can hold up such awards for years. Is this the situation that these women, that Jane had done such a wonderful job covering, have found themselves in? After years of suffering from Mesh, then finding and retaining a Lawyer, getting on to the Court docket and finally winning their case, are they still stuck in legal limbo waiting for the money? Although different in a legal sense, the MDL’s have done the same thing to those Mesh Victims deemed lucky ( or un-lucky ) enough to participate in them. Legal rangling, appeals and the demeaning categorizing of damage not only keeps the Victim from the money that they need so desperately, the end result has never ( at least so far ) been anywhere near what was expected or needed!

    When will the U.S. Government sit up and take notice of what is happening with these supposed “benign” and “safe” products? Why is it that this person gets $5,000,000 and this person gets $4500 even though both are now disabled, lost their livlihood, bankrupt and becoming homeless? There needs to be an honest open discussion about Surgical Mesh and just compensation made to ALL Victims. $4500 is a joke and an insult to a man that can no longer work because he had a Hernia repaired by Mesh. I am sure that the women involved in Gynecological Mesh MDL’s are finding that they are not going to get any amount of money that will make a difference in their lives what so ever! $5 million dollars would be nice but giving that amount to every Mesh Victim would not be feasible. BUT, $300,000 or so ( after all expenses are paid ) is the kind of money that CAN help the Victim move forward and is still within the means of the Manufacturers.

    With every multi-million dollar award made it makes the MDL awards look that much more indefensible.

    It is time that a Mesh Victim Fund is set up by the Government and the Courts to make the Manufacturers take care of the many thousands of documented, legitimate Mesh Victims as is done for victims of Asbestos. It is time that the FDA put a hold on ALL Polypropylene Mesh implants until all safety issues and concerns are addressed and taken care of. And it is time for our Government to investigate the symbiotic, corrupt relationship the FDA has with Medical and Pharmecutical Manufacturers. It is time for the FDA to be as concerned about American men and women who have been so badly injured by a Medical Device as they are about Fluffy getting sick by Chinese Dog Treats!

    Best Wishes to you all and especially to the Perry Family………

    • addison says:

      Those are good points. Having to wait years for help is terrible. Some in the companies care about people – do just one or two make these decisions? The full $300,000 is more fair than the other, but are people very sick and hurting offered $4,000? What will people like my mom do when they have that $300,000 in medical bills in two-three years and it’s always going to be high? She’s only in her 30’s so that can’t make up for everything medical, what she loses from not working, and suffering so long. We just keep praying about these things and a miracle for my mom and everyone hurt.

      • Kitty says:

        Hello Addison You must be quite young if your mother is in her 30s I thought she was your wife.. im confused\\\\\\\\\\

        You must be quite young Addison if your Mom is in her 30s.

        • addison says:

          Hello. You asked my dad some questions before. Not sure if you got the message back from him about a few of us posting on a couple articles but that we’ve kept comments under one account, under addison. I’m actually 20. My mom had me when a teenager so my sisters and brothers are way younger. I hope that all makes sense now.

  32. tammy says:

    I was butchered. 2010 got a lawyer in 2011 i i get is the ron around ams is my mesh mess all i have heard is they ae ready to settl why is this draging out feel like i cant hang on much longer. I think animals ae getting. Treated. Better then these wemon ae god be with me.

  33. tammy says:

    All i can say is it is good that these cases are winning. But i have been living it no one should have to suffer. Like this i pray that i can hold out i really. Have reached the point. That they dont give care what this has done to wemon what i pray is that i can keep holding on im so sick of the run around ive been getting i pray for all of these wemon that are wondering will we ever get better from all this pain an the way it has destroyed. Our lifes.

  34. Miss T says:

    This is good news. However, perhaps J & J just sees it as a “you win some and you lose some,” because just a few days ago, J & J held onto their bellwether trial win on appeal . . .(Lewis from Feb 2014). This was the one in which Judge Goodwin had issued a directed verdict, ordering the case dismissed and stricken from the record.

    http://www.massdevice.com/news/win-some-lose-some-jj-loses-1st-abbrevo-case-holds-bellwether-win?page=show

    • Marie says:

      For defective design it has to be shown a safer, alternate design could have been used. For prolapse products for example, what if a suture repair wasn’t tried first? I think these were done for years in prolapse from minor to severe. What if the product was considered the best design at the time, not necessarily the best procedure? If some experts say it was the best, and no one names another product as better, the product isn’t defective even if it causes proven harm? If no one can give the name of a marketed alternative, is that it even if the suture repair could’ve been used or other materials were likely safer?

  35. All Meshed Up says:

    Hello Addison, your question about sick and hurting people being offered $4000 is a good question but please let me tell you where that amount comes from. The Multi District Litigation Court cases are the quick way the Court system can take care of 100’s or 1000’s of cases at one time. If you are involved in an MDL you will be categorized by your injuries and thus are paid on that basis. I know this from conversations with Hernia Mesh victims involved in the Rhode Island Kugel/Bard MDL. After waiting 7 years for a settlement most of the injured were “awarded” ( I use this term loosely ) about $5000. This amount was after the Lawyer got 40% and may not include medical expenses or subjugation by Insurance companies. Some who I have corresponded with who thought they were categorized with a substantial amount of damage were called by the Lawyers who tried to convince them to take a lower amount. When they refused or questioned the amount, the Lawyers would not return calls. Even the Mesh Victims who were deemed to be less damaged than others were permanently scarred, could not work in their profession and were in constant pain. These were the folks that were offered $4500. If you were dead, your Family would get about $300,000 before expenses. The only people that have really made out from these MDL cases are the Lawyers and the Manufacturers who paid out a pittance compared to the profits they make from Mesh.

    I believe that $300,000 should be the smallest award for someone damaged by Surgical Mesh! By making settlements in an amount that will actually help the Victim instead of insulting them, the Manufacturers would have to take notice and pay out the nose. That is the only way to punish them for marketing and selling a product that they HAVE to know is dangerous.

    • Marie says:

      It’s helpful to see results from another MDL. Do you believe badly injured women with transvaginal implants… chronic illness with damage to organs, muscles, and nerves and severe pain, ongoing infection, other irreversible, objective injuries… should prepare for that similar to those with hernia mesh? Or are some saying the implants and litigation are different? Apologies for not knowing more about both areas of implantation and the injuries or how they are viewed by the medical and legal communities. Will there be no options for court or fair & just settlements regardless of proof and injuries?

      • Kitty says:

        Didn’t the transvaginal mesh cases come to > billion dollars vs Hernia mesh at 1.5 million. Perhaps this all has to be solved in the court system. This is the USA and we aspire to the integrity of the law. We hope justice will be served.

      • Jane Akre says:

        Hello Marie-
        Unfortunately hernia mesh ever received the warning that transvaginal mesh did in July 2011 that complications are “not rare” and that mesh should only be used as a last resort after other techniques to address prolapse. Hernia mesh complications resemble transvaginal mesh – infections, contractions, scarring, pulling ,chronic pain, migration – do you think it might be the mesh? Please make your complaints to the FDA no matter what type of mesh you have, polypropylene, biologic, hernia or transvaginal. That is the only way they know.

    • abandoned says:

      And there are not enough good attorneys to represent all of us! First beat down with illness, lies from manufacturers, then more lies by my attorney, all the while my father is insulting me with my being worthless, and family members wanting me to go on anti-psychotics and anti-consultants because they are convinced I have lost my mind (which I agree, but, those type drugs won’t help this.) because I have become so angry, terrified, lashing out, in pain. I was a nice chaplain and have turned into a hysterical ragging horrible person…I pray God will forgive me and remove all this chaos, bitterness, pain and confusion…I just want to be a nice balanced person again.

  36. kitty says:

    What were the verdicts for the hernia mesh?

  37. All Meshed Up says:

    The Kugel/Bard MDL in Rhode Island was about the Kugel Large and X-Large Oval Mesh with Retaining ring. The Lawsuit was about the Plastic Retaining Ring only. We, as Hernia MKesh Victims, cheered for this Lawsuit because we believed it was a break through case against Hernia Mesh. It was anything but. The ring, when manufacturered, had a “weld” that could break. This would cause mass laceration of tissue and organs etc. I have one in my gut right now that was implanted after a Prolene Mesh (J&J) tried to kill me and was removed. I cannot sue Bard for my implant until it breaks inside me. Also, every Surgeon I have talked to will not take the Mesh out unless it is an emergency because of it’s location adjacent to my Femoral Artery. They would not know where the artery is until they cut it because of the amount of scar tissue etc.. I feel that I have a ticking time bomb in my gut.

    Every Lawyer I have talked to has said “Call us when the ring breaks”. Great, Thanks.

    So, the decision on this case was concerning Product Design Failure but had nothing to do with the Polypropylene Mesh that the ring held tight. Bard?Kugel got off very lightly Thanks to the Courts and the Lawyers. It was very difficult to get any information concerning this case because of a gag order on the Plaintiffs. I still do not know the entire distribution of funds, amounts, monetary pay out according to damage or even if all of the Plaintiffs have been paid. As I have said, the Victims I did talk to were very upset and disillusioned about the entire proceedings. Not only because of the ridiculously small amount they were “awarded” but also the Lawyer fees, the gag order and lack of any information or help during and after the case was decided.

    I do not believe the MDL’s are set up to benefit the Mesh Victim but is set up to get rid of as many plaintiffs as possible as quick as possible. Also the settlement amounts are not enough to help the Mesh Victim in any meaningful way or enough to punish the Manufacturer. The only people benefitting from these cases are the Lawyers and the Manufacturers. Of course the Court’s can say that they have served “Justice” upon the Manufacturers blah blah and then they ALL go out to lunch and pat each other on the back. The symbiotic relationship with the Manufacturers extends not only to the FDA but to the Courts also.

  38. kitty says:

    I AM BEGINNING TO GET A CLEARER PICTURE.

  39. Dorothy Carpenter says:

    Just want to be a part of discussions. Thank you.

  40. zoggy says:

    Congrats to another mesh victim! Ms. Perry I hope you continue to have great health! Lets all pray the same outcome for Bellew. Hopefully, Judge Goodwin finally throws J & J and its attorneys out on the street cause that’s where some of us may be living. No job, no income, no insurance, no ssdi (after 40yrs of paying in), loss of marital relations, loss of marriage, loss of living a healthy life and being with our families 100%. I hope and pray that God sends us all a miracle of healing.

    • Jane Akre says:

      Zoggy- The Bellew case was settled by Ethicon last Friday…. that means Ms. Bellew will see some settlement dollars far ahead of anyone else. There is an advantage to that ….

  41. Christine says:

    This has been very interesting to read about. Am a lady who had this TVT done

    had it trimmed.Gyno.. won’t trim it again am just left with a decision get it out and I could be worse off !

    • Jane Akre says:

      Christine- experts tell me the TVT is the least difficult to remove depending on many things, such as how long its been in there, your health issues etc….. check out an expert opinion instead of a gyno who is trimming it. That is not generally a good course. He/she may be trimming it because they do not know how to do a full removal.

      • Christine says:

        Hi thank you for the reply! I had TVTO done 2011 it’s just don’t feel well Gp does nothing Paracetomal 8 a day if needed Amitriptyline .It was trimmed 2012,Cystoscopy of bladder&urethra were normal and no erosion. Dr.Guerrero Sothern General Hospital who is a Gynaecoloy who has been studying Mesh Implants she is the only lady in Fife area who knows about it she has examined me twice and told me the risks I have if getting it out ! Which never told before getting it in!!! She is the specialist who won’t trim the jaggy but I gave she says no point. I can’t walk without pain now and getting made to look for work which I can’t do the things I did I don’t drive yet again GP can’t give me sick notes . Are there any specialist in nearer for me .

        • Jane Akre says:

          Christine…. please give the location of the doctor you had success with so others can learn….thank you.

          • Christine says:

            Hi the Gynaecology is Dr.Karren. Guerrero :Southern General Hospital 1345 Govan Road Glasgow G51 4TF. I have been offered to get my Mesh Implant out am afraid as I could be worse off as Dr. Guerrero has advised me on the complications ! not fare at all. Thank you

  42. KLP says:

    I too have Coloplast. I now am in stage 5 of kidney failure. No income. 3000 miles from our children just because I became sick. I have PKD and was keeping it in check until this mesh put more toxins in my body advancing this disease so much further faster. If having PKD is not enough in 2010 I had a hysterectomy due to cervical cancer. Ok so PKD then Cancer that was more than enough. But no if I knew to fix a little leak when coughing or sneezing that I would lose everything including my dignity i wld have skipped that. I also read that the bladder sling should not been used if the patient has other illnesses. So I have nothing anymore no car, no house, no heart, no more tears. In CA where I have no friends or anyone to help me. I have no money can’t even buy a soda or visit the ice cream truck as it comes in town. My husband and I are slipping. Where is the help, there is none. Family can’t take on my burdens so now in CA hopping house to house cause no one can afford a sick adult. I have always held on to hope an always stood on my own from 14 yrs old after losing my mother. Now I can’t take care of nothing. I’m worried people smell me so I don’t go nowhere or get close to know one. I was the bread winner. I haven’t seen my family in 3 yrs. have no way to get to doc for consult for removal. My kidney doc said no surgeon will want to remove this mesh cause I have kidney failure and wont heal. But if it stays I will not be on translant list due to infection. So bankrupt they say….my attorney will not even help me get some advance so I can take care of myself. All I hear is Coloplast has very little money. So a doctor can’t assist in suicide for terminal ill patients, but these Manufactures of this mesh sling have committed a crime. PREMEDITATED MURDER!!!

    Let’s investigate there close relatives bet neither have this mesh. Guess I go now and keep hoping I get my day. Anything we can do to help our case? Thanks for letting me vent.

    I will continue to pray for everyone because GOD is my judge.

    • Christine says:

      I feel sorry for you what I read. I hope I don’t have to go this ! I really feel for women with this Mesh Implant I got refused my DWP medical as I ca t walk more than an hour am in pain . Yet it’s all in my mind now back to JSA made look for work , wish hadn’t went about it. Am scared when I read what has happened to women . Take care every body thinking if every woman out there who has had the Mesh Implant . X

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