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Edwards Pelvic Mesh Trial Delayed, Huskey Trial Verdict Will Stand, 200 J&J Cases Readied for Trial

Federal courthouse, Charleston, WV

Federal courthouse, Charleston, WV

MND, August 20, 2015 ~ There have been some new developments in Ethicon transvaginal mesh litigation.  The first news is that the upcoming trial of Edwards v. Ethicon (2:12-cv-09972) will not commence August 24 but is rescheduled for January 11, 2016.

Tonya Edwards, 43, a Georgia resident, was implanted with a TVT-O by Dr. Harold Wittcoff. She is represented by Mark R. Mueller, an Austin, Texas attorney.   According to a Judicial Order (Doc #222) filed August 12, the Pretrial and Final Settlement Conference is moved from August 17, 2015 to December 22, 2015, pushing the trial back to Monday, January 11, 2016.

BACKGROUND- What’s Ahead with this Trial

Christy Jones, from Linda Gross trial Feb 2013

Christy Jones, from Linda Gross trial Feb 2013

Johnson & Johnson defense attorneys Christy Jones and David Thomas (document #74) wanted to exclude the expert opinion of Dr. John T. Steege. He would testify the TVT0-O was defective and caused her present day pain.  Ms. Edwards had delivered three children vaginally and experienced stress urinary incontinence (SUI) before being implanted with pelvic mesh as a treatment.

The mesh explanted from Edwards was not properly preserved by Dr. Vladimir Iakovlev, argues Defense. For their part Defense used Dr. Elizabeth Kavaler, previously seen in the Linda Gross trial, to issue an expert report as well as Dr. Stanley Zaslau.

Defense planned to raise the usual defenses, Edwards was obese, had experienced hip and back pain prior to her mesh implant and had a small rectocele and cystocele as well as urethral hypermobility all prior to her implant.  Treatments such as injections had not treated her SUI.  She had had about 60 occasions to consult with various medical providers and did not report pelvic pain until more than six years after her implant, says the Defense. It was only after seeing a television ad for pelvic mesh litigation that she filed her case.

Eventually she sought treatment with Niall Galloway, MD with complaints of repeated urinary tract infections and pelvic pain.

Judge Joseph Goodwin

Judge Joseph Goodwin

JO HUSKEY TRIAL -VERDICT WILL STAND 

Pending before Judge Goodwin was Defendant Ethicon, Inc.’s (Johnson & Johnson) Motion for Judgment, or a directed verdict in its favor in the Huskey v. Ethicon trial, which Judge Goodwin denied. (See Husky #441 Motion for Judgment, August 19 2015).

Had he granted the motion the jury award of $3.27 million and conclusion that the TVT-O is defective would have been set aside.

The Huskey case (2:12-cv-05201) was the first bellwether jury trial for Ethicon before Judge Goodwin in this Multidistrict Litigation.  At the present time the MDL contains over 26,000 cases filed against the subsidiary of J&J.  Jo and her husband Allen Huskey, filed the action after she was implanted with the TVT-O (Obturator) used to treat incontinence.  Her implanting physician was Dr. Gretchen Byrkit and the date was February 23, 2011.  The mesh eroded and caused her pain. Another physician, Dr. Sohail Siddique attempted a mesh removal on November 18, 2011. He removed about one-third of the mesh from what he described as a “chronically infected space.” An athlete, Ms. Huskey now has limited ability to participate in physical activity and still experiences SUI, pain in her bladder, dyspareunia and joint pain.

Judge Goodwin could have granted the judgment as a matter of law, essentially setting aside the jury verdict.  He did not.

On September 5, 2014, a West Virginia jury decided the TVT-O was defectively designed and awarded Ms. Huskey $3.27 million.  Judge Goodwin wrote “While courts should not simply rubber stamp a jury’s verdict, judgment as a matter of law is a remedy to be applied sparingly and only in the most extraordinary circumstances.” 

Because this case is decided under Illinois law, her home state, in order to find a design defect decision, the jury found the design made the product unreasonably dangerous and it injured the Plaintiff.  Illinois Civil Jury Instructions say,

“When I use the expression ‘unreasonably dangerous,’ I mean that the risk of danger inherent in the design outweighs the benefits of the design when the product is put to a use that is reasonably foreseeable considering the nature and function of the product.” See Ill. Pattern Civ. Jury Instructions § 400.06A.3

Ethicon says no reasonable juror could conclude the TVT-O is unreasonably dangerous, but Judge Goodwin recounts the evidence in the case in a very compelling manner. It’s worth a read.

“From this evidence, a reasonable jury could conclude that the high risks of the TVT-O are not justified by the benefits, and as a result, the TVT-O cannot, as a matter of law, qualify as an unavoidably unsafe product. Ethicon, having failed to meet its burden, cannot save itself from the jury’s verdict on design defect by appealing to comment k’s exemption.”

On design defect the Plaintiffs presented evidence that the polypropylene mesh material had a tendency to erode, that laser-cut mesh was defective and that the placement in the obturator space of heavyweight mesh.  Judge Goodwin says,

“I FIND that the plaintiffs demonstrated sufficient circumstantial evidence to support proximate causation for at least one of these defects such that a reasonable jury could find in their favor on the design defect claim.”

The IFU (instructions for use) were inadequate a jury could reasonably conclude and Dr. Byrkrit (the implanting physician)  said to the jurors she would not use a TVT-O in an athletic woman, said Judge Goodwin, allowing those jury decisions to stand.  Judge Goodwin also allowed to stand the negligent design and negligent failure to warn claim.

Ethicon has not made the required showing to warrant a new trial, Judge Goodwin writes.

200 CASES READIED FOR TRIAL

In a pretrial order, Judge Joseph Goodwin orders TWO HUNDRED Ethicon cases to start the pretrial process.

The oldest cases filed before Judge Joseph Goodwin in the Ethicon MDL will now become Wave 1 cases. Judge Goodwin has just outlined a schedule to bring these cases to court. The discovery process, expert depositions must be completed by March 28, 2016 and the cases should be trial-ready.

Because there are so many Plaintiffs, the Defense is limited to ten Interrogatories (questions Plaintiffs must answer) and there will be a limit of 10 requests for admission per Plaintiff.  There will be a limit of no more than five experts per case. Both sides will meet by January 11, 2016 and decide the venue which other federal court the case may be tried or in the Southern District of West Virginia.

This is the corrected Docket Order.

http://www.wvsd.uscourts.gov/MDL/ethicon/pdfs/PTO_193.pdf

#

LEARN MORE

MND, July 24, 2014 ~ Huskey case survives Summary Judgment
http://meshmedicaldevicenewsdesk.com/huskey-v-ethicon-case-survives-summary-judgment

 

MND, September 5, 2014- Jury Decides for Huskey $3.27 Million in Pelvic Mesh Trial
http://meshmedicaldevicenewsdesk.com/awesome-jury-decides-for-huskey-3-27-million

 

Huskey #441 Motion for Judgment, August 19 2015 

 

36 Comments

  1. ed says:

    HAS THERE BEEN ANY WORD ON SETTLEMENDS BECOMING FINALIZED BEFORE THE END OF 2015 ?

  2. Nanny Bug says:

    I’m trying to find peace and go to sleep . My legs especially the right side is in horrible pain ‘ this happens every night . I look on this page ever few days trying to find something I can possible do to hel myself out. I fell over my hurt foot again on Tuesday night . This post or any post is horribly bad . I cry so often and frequently have horrible nightmares and dream the same thing . I dream my husband is gone & has left me. I dream I’m trying to find him but I can’t. I try to find his parents that have been dead for many years . I begin yo be do afraid because I’m forgetting what he looks like . I’m frantically searching everywhere , crying screaming his name I thought he loved me so much . I woke up one night having the nightmare in the recliner I. I was still crying and am thinking it’s real in my mind . I set there wiping my eyes and looked over on the couch and see him laying there asleep . I started yelling his name I was shocked he was here at home with me. I said Howdy ( his nick name) I thought you had left me & I couldn’t find you anywhere. He gently told me no Dear I’m here i haven’t gone anywhere . I was crying then because he was really home. That dream or a similar one happens often . How can I stop it from happening . I can’t take this much longer even one more night . God please send me DOMEONE to help me that truly believe me !!! I’m begging my right leg had perineal nerve damage that causes constant to a couple of

    • Jane Akre says:

      Perhaps pudendal nerve damage? Please reach out to Dr. Vigna….

      • Nanny Bug says:

        I did Jane after I spoke with you on Tuesday I left s message on his answering machine . He was near the machine and heard the phone had a message . He called me back on his private cell and told me to contact him anytime . I have sent him a lot of my ibf. Already I didn’t mention the terrible dreams of nightmares to him . Jane I could not believe a doctor like him would take the time to call me . I was do happy & really think he is trying to help me . I feel so blessed Jane . I thank The Lord for him . I can’t wait to see if I can get a half decent life back . I’m in the recliner now my leg & buttoc on fire and hurting do terribly bad . I just had a feeling like a lightening bolt in my vagina . It drops me to my knees sometimes .

    • Mesh Nightmare says:

      It has been my experience that some medications cause nightmares.

  3. Hurt-via-mesh says:

    How long before any more victims go broke, that still suffers or dies before the leaders of this country (government) take notice? My opinion is those of us that cannot work or hold a job because of mesh poison, are no longer viable A TAX PAYER

    • Bejah B says:

      Dear HVM,

      They have heard you, they have heard us. They have heard of all the citizens of this nation who have been harmed due to blind corporate greed. They have heard but they do not care. They care about the corporate and business citizens that keep the economic fires of the economy burning. They care about you in your capacity as a consumer who fuels the economy when you go shopping, when you purchase a home or a new car (Do we really need new cars every year? NO yet we give in to tempation like sheep). They care about you and hear you when you vote. They hear you when you are employed and in that way fueling the economy. Once you have retired they only hear you to the extent that you continue to vote and use your increasingly decreasing discretionary income to buy stuff or otherwise feed corporations.

      I am fortunate enough to have a high option Blue Shield Plan as my supplement to Medicare, this through my employer. That plan was recently changed from including coverage worldwide, one of its appeals, to exclusion of off shore coverage. Guess why? I wonder what would happen to our Social Security if we moved to another country. I have often entertained the idea of moving to Singapore and being an Expat….such a romantic notion. We would take our discretionary income with us. With all those baby boomers retiring that is like a leaky faucet to the FED. I’ll bet they would like to penalize anyone who moved out of the U.S. taking their money with them. Same with Medicare. Now, if I want to visit Istanbul I guess I need to buy a special health insurance supplement.

      But getting back to your question of the FED taking notice (of our situations, our concerns), I have come to believe that this is a nation that does NOT care about its people. Where does that leave us? Like the people of New Orleans following Katrina, the worst natural disaster in US history they are saying, who have learned that they can only depend on eachother, on themselves. And they have created something beautiful but it still seems like the soul of New Orleans is forever altered, nor is the multi-billion dollar flood control architecture rising to protect the people. It is constructed to protect economic interests first and foremost.

      What should happen is that the core concern of the government should be the people and the people will then build and reinforce and strengthen the nation. We can truly only count on eachother and those corners of the government that are still functioning as they should be to help us. We can not expect the manufacturer’s to do the right thing. We can not depend on the press to expose them. We can not depend on the Congress, the Senate or any legislative body to any meaningful degree. We can not depend on Treasury, or Commerce or to a shocking degree, the legal system to help us, and GoD knows, we can not depend on our doctors, or medical centers with few exceptions.

      But when we look at the world as a whole, I for one see that we seem to live in a world in crises. It is not just us, not just our situation which seems at times a microcosm, a symbol of the state of the world. What happens to human civilization when women are butchered without conscience or regret. I shudder to think of it.

      With regard to being a good taxpayer I can only offer up an example. I have been on disability for about 20 years. A lot of money is still taken from me each month by the government in the form of taxes and I get back very little in refunds. I believe too much is taken, especially now that I am retired officially (and of course, especially because I am very unhappy with what is and is not done with the money). These days I seem to live from month to month yet a lot of money continues to be taken from me.

      For the first time in my life I have stood in line at the community center for free groceries one or two days a month. I have gone to the Department of Aging and gotten free bus passes and free coupon books for the farmers market. I have felt ashamed that I need to do this but I know intellectually that I should not feel this way. Is it coming from within me I wonder, or externally imposed. I do not know.

      The gentleman I lease my house from has suggested I ask the county housing authority if I qualify for assistance with housing. I went to the website. It looks like one who has a three bedroom house would qualify for 50% discount on housing costs up to $1,200 a month. I must call now to learn of the income limits. I encourage our friend Tammy and others to look into these and other programs also. When I have inquired about enery savings programs I was told I did not qualify because my income was too high. They did not consider housing cost (I pay a relatively high housing cost to ensure safety and quiet), and I think they used one’s gross and not net income. In my case there are fairly large differences between the two. Even if one does not qualify it is still worth looking into.

      Please, if you do, let us know of anything you learn that may be helpful to others in our community. To conclude, there does not seem to be much we can do about taxes except drop dead! Ha, ha…how’s that for black humor. Take care all.

      Bejah

      PS – Ya Alex, you are forcing me to suck on the nipple of the FED. What’ca goin to do about it, “Slick Willy”?

  4. Ronald James says:

    Jane, a friend of my mother has received a letter from J&J asking for her to fill out a form so they can make settlement with her, the thing is she doesn’t have a lawyer and hasn’t tried to sue yet. Could this be a ploy by the scum j&j? I’ll try to get a copy and get it out to you some how. Any thoughts?

  5. Still Standing says:

    Dear Nanny. We know that sleep is essential to our health, both physical and mental, so addressing that now need is so important. I, too, developed serious sleep disorder post mesh implant. When do yours most often occur? If they happen early in your sleep cycle, they may be night terrors.if they occur closer to when you wake, they are probably nightmares. I had several instances of awake nightmares where I was aware that I was on the couch and could hear everything around me, but I could not move or speak. They were frightening.

    Nightmares and night terrosr are well documented as PTSD related. Interestingly, research is showing that PTSD and chronic pain are co-occurring. It suggests that people with chronic pain also have PTSD. A new approach is called Imagery Rehearsal and it has shown very promising results for those with PTSD. It would be helpful to have this taught by a therapist, but you can certainly try it on your own. It is essentially practicing a new script for your nightmare. The first step is writing your nightmare story on paper. Next, you decide a different ending to the nightmare. For example, when you start your search for your husband, you change the story. You can visualize him waiting for you with beautiful flowers for you in his hand, a smile lighting up his face and then you sit for awhile holding hands…….write your “new story” down and commit to practice it several times a day. See what happens. One theory behind this is that our brains like to have closure on a story and it tends to go to that story that has developed a stronger neural circuit…it’s like a brain habit. However, we have the power to create new neural circuits, called neural plasticity. Changing our brain is possible with intentional work. Give it a try. You certainly have nothing to lose. Commit to this for several times a day for several months, maybe adding to some of your positive imagery with other things that you like to do with him. Let me know if that helps.

    A good sleep resets your hormones, and also is the only time when your muscles completely relax. For us, no sleep and poor sleep cause increased muscle tension, which then leads to a more hypertonic pelvic floor, which leads to more pain and disrupted sleep and miserable days. Be sure you are not eating late at night, using caffeine, that your room is dark and cool.

    Takes whatever prescription medications that you have available, although some drugs and supplements do cause nightmares. I can’t take Melatonin, terrible nightmares and Celebrex also cause them, so I think you just have to figure out if one is causing your nightmares.

    I also had( have) leg pain. It felt like electrical currents zapping me all the time, caused by muscle spasms in my pelvic area. . Two things helped me..Gabapentin, a prescription drug addresses neuropathic pain but I also came up with something that helps me a lot. Put a couple of water bottles n the freezer. Don’t open them, but they are just bottles of water you by at any store. They just fit perfectly between your legs. Lie down and just place the frozen bottle between your legs. I will often put my legs up on a pillow. Then, take that bottle and roll it with light pressure from your waist, over your buttock, and down your outside of your leg. I also just use a rolling pin, too. I take the very small water bottles from the freezer for when I am in the car or out to eat. It is pretty discreet.

    I have some other coping tools I came up with that could help you, my body guards. Let me know if you are interested in learning about other pain adaptations I came up with, I will be glad to share. You just have to start somewhere and sleep is the most important place to focus on now. Rest well, Nanny. Sending strong energy to you for a deep sleep.

    .

    • Nanny Bug says:

      Thank you so much for this wonderful information. I do take the same exact med for nerve damage that you do . It seems to help but not for very long . The test the neurologist do with the nerve conduction study . It revealed sciatic & perineal nerve damage in the vaginal are which is wher those nerves are. It also revealed I have drop foot & partial paralisis all in the right side from the vsgina down to my toes . This is what caused me to fall several times . Four months a go I fell and broke my leg, foot & ankle . It was horrible & I was in the hospital for 17 days. The nightmares have happened several times so I’m so happy to try out your information . I haven’t got to see my Urogynocologist in five months. I see him tomorrow & he may put the shots for nerve pain in my vagina . It’s very painful I had it once before & the doctor have me a rag to bite down on . I thought I was gonna die before he got done. The nurse said the doctor doesn’t think I could take the pain from the injections & he may not do it in the office. I told get I hurt so bad I can take it . I would do about anything to help this constant pain . If bit down on a piece of wood whatever it takes . I’m 59 and use to do so NANY things with my grandchildren now they watch me cry , Urinate on myself before I get to the potty , the nerve damsge had gave me a bad limp & I’m just devistated . I fell twice this wk. thanks for hour advice & please say a prayer for me as I get those injections tomorrow . I’m scared but pain gir a while is better than hours & hours . I would also love to learn more about the other things you sugested . Thanks for caring !!

  6. Bejah B says:

    Dear Jane, Thank you for all this information. I am reassurred by what you have told us of Judge Goodwins comments and actions. I am troubled that a jury verdict can be over ridden but it sounds unlikely that that Judge Goodwin would do that. I still do not understand how JnJ can get away with having their counsel (hired guns) try to block expert testimony. The testimony should be heard and then those involved can discuss it and decide if it is meaningful. I do not think the plaintiffs counsel in this matter (All 80,000 of them) have attempted this unseemly request of the court. JnJ uses the same script over and over…they know how to work the courts like any good criminal. The judge is a critical component of the balance between the two and often suffers from a bias for any number of reasons.

    I would say to Nanny Bug that just by connecting with this community is healing in its own way. Sometimes our fear and pain can get in the way of our knowing something intuitively. That might help explain the nightmares. The more obvious cause can be that you fear losing everything, fear your husband will leave you because you are wounded and many men have abandoned their wives, forgetting their vows. You must trust your husband. Men are often not as demonstrative as we are but it sounds like you have been together for a long time and know eachother well. Try not to be so fearful. Even doing something like writing in a journal about what you are feeling and then reading it later can be very enlightening. Also, before you fall asleap ask GOD for a beautiful dream. Write your dreams down. If you have a recurrent dream notice how it changes over time, if it does, notice everything in the dream, is it day or night, are you facing north or west, what are you wearing, any movement of the air, other characters in the dream, try to look at your feet and remember what you are wearing on your feet. Notice the colors, what pets may be doing. Write it all down, Study the dreams when you have written a few down and notice the things that are the same and those that are different. I had a troubling dream last night. I dreamt that musician and singer Neil Young had died in a fire at a ranch somewhere in the southwest along with others. They were dressed like cowboys sort of. No women were present. The colors were all beiges and browns and there was the sense of dusty rooms. Now I am wondering if I should try to reach Neils rep and tell them of the dream just in case it was a premonition. I do not know Neil personally, unfotunately for me, but sometimes we have what are called “Big dreams” that are not about our personal lives but about the culture or the nation, etc. Although I am not a Psychologist, I have done a lot of academic work in the disclipine including dream workshops that were very interesting. I think this all comes out of your fear and pain as they distort our ability to “see”. Hope that helps.

    Bejah

  7. Still Standing says:

    Well, Bejah, you can hold the call to Neil. Most modern psychology looks at dreams about someone else as being about a part of yourself, not anyone else. You can ask the question “what part of myself is fearful” right now? Is it the part of you that holds your pain, is it the fear of being abandoned from the small child in us? While taking a Freudian analytical look at dreams can be revealing, that takes a long term commitment to psychoanalysis. There are many internet sites that promise to give you an analysis of your dreams, they really can’t because our dreams and their meanings are unique to ourselves. The most important thing to reduce nightmares is not to overly dwell on the details of the dream, but to be curious about what it is telling us about our present and then move on. Nanny, this would be where you acknowledge your fear of abandonment —it could be your husband, or it could be by the medical community. Then say, well of course I would feel this way given the circumstances. This is called normalizing and can reduce your stress significantly.

    • Bejah B says:

      There are different schools of thought regarding dream analysis and psychology in general, are there not? Seeing everything in the dream as part of oneself is a valuable exercize but it is not the only way of seeing the dream or analyzing it. Everything in the dream does not represent an aspect of oneself IMHO but all schools of thought regarding the dream should be explored. Nanny Bug might try, for example, lucid dreaming. She would then actually direct action in the dream. This often requires a long term commitment to dream analysis. In the dream she might then ask a figure in the dream why something is happening, or where a certain person is or why someone is reacting to her as they are. The morning after my dream of Neil Young I turned on the TV and there he was in concert in Nashville, a great way to start the day. Again, IMHO this may not have been just a coincidence, an admittedly Jungian perspective. I agree with you that dream analysis books, internet site, etc. are ultimately not helpful because the dream is very personal, by definition and one must approach it with that in mind. I did not know “most modern psychology” holds that the dream is about a part of oneself only and I strongly disagree with that assumption. Nanny Bug should explore her dreams because they are troubling her. She does not need a psychologist to do this, and often such people have their own agenda and rigidly adhere to their own personal belief system about what the dream is and is not. This can have the affect of harming the client presenting the dream. She can and should speak to the dream herself. It is trying to reach her, to tell her something. Often the message is very simple. Once I had a dream that I encountered an unpleasant man who had an old rusty canister attached to his waist and it had a pump sprayer which he held in his hand. It was bug spray I somehow knew. He sprayed it in my face. At the time I was spearheading a no smoking policy at my place of employment. I learned later that bug spray contains some of the same elements as cigarettes! I did not know this at the time. This illustrates the personal quality of dreams, and the fact that everything in the dream is not an aspect of oneself. There may be dreams where that is so but dreams by definition can not be defined by, indeed restricted by such conscious rules of conduct. Ms NB might just say a prayer in the quiet of the evening and ask of the giver of the dream, probably her unconscious, what are you trying to tell me? I am listening. We can not quantify and apply narrow parameters to the dream. We can do that perhaps with the stock market, but not with the dream, not with the unconscious, not with the spirit, not with the soul. When one of my horses died of an infection weeks later she came to me in a dream. She was standing at the edge of rolling green hills under a blue sky. She spoke to me telepathically saying simply that she wanted me to know she was happy, she was free and with that she turned and went up the hill to a waiting stallion. It sounds silly but it was not silly at all, nor were these horses aspects of myself. The horse that I was closest too, and spent the most time with never came to me in a dream. I would ask Still Standing to consider interpreting her own dreams (or his) in different ways, more expansively. I respectfully disagree with some of what you say but I do love talking about dreams and having a healthy debate. I think we can be fairly certain that in this community of mesh wounded people there must be very interesting dreams. If anyone wants to get together and have a dream analysis workshop I think it would help us. We do not need a psychologist directing us so long as we observe certain rules that are very very important, like not telling someone how to interpret there dreams, asking leading questions or provocative ones, and not saying anything that could be interpreted as hurtful. Thanks Still Standing for your comments.

      Bejah

      • Nanny Bug says:

        Wow I’m so excited to be talking about the dreams & learning more . I am very close to God and I have had dreams before , wrote them down & shared with someone if I felt it was revelation of something to happen in someone’s future . I feel my dream was simply as it was in the dreams. . I feel so insecure now because I have read of so many ladies husbands leaving them . I think I’m afraid it could happen to me & him. I woke up & saw he was still there . At first I thought he was really gone when I woke up . I was setting in the recliner crying the saw him on the couch asleep . Lord I was so relieved we’ve been married 25 years the 12 th of September . He is a wonderful husband & when I get worried he always starts telling me about all his impairments & things wrong with him . This is his way of comforting me I guess . Thanks for all of your support !!!!

  8. Kitty says:

    Dreamers——-I love your posts very informative and descriptive dream telling Love it Sincerely, Dreamer 2

  9. tammy says:

    Im so sure we all got nerve damage but once again this is all about what they ate getting by with i have been put threw hell waitng because of the lies an that is not going to syop eithet 6year now for me now hete comes more lies they do mot give a damn what we are going threw face the facks is what i say liers…!!!!!!!!!

    • Kitty says:

      Very few urologists believe the nerve damage problem. Only the bravest Dr. dare to tread. Isnt it interesting that 3 months after one gets an implant and with a history of physical fitness walking miles and miles they are suddenly crippled with back problems–never ever to regain the ability. Many of these Drs have been mentored undeer the great Dr Raz.

      • Kitty says:

        Let me clarify——- all is well in the wonderful land of Dr Raz!

        • Bejah B says:

          Got it Kitty. One of these days I am going to tell ya’all a story about UCLA that will make your skin crawl. Now that the statute has passed and I can no longer file against them I am going to spill my guts. What can they do, shoot me? Put me in jail? Send one of their thugs to finish me off? Bring it on.

          Today I am too tired for story telling, I feel a strange nausea and I have a headache that will not leave me in peace. Maybe Espresso will help. Stay tuned.

          PS The kicker is that I had asked the law firm representing me last year if I could file against UCLA but they told me NO! They said it would cause problems for their action against the mfg. This year they told me I could go ahead and file against UCLA. This year is too late. The statute expired in 2014. I can not help but wonder if this was intentional. There is a place beyond rage and sorrow, beyond exhaustion and hopelessness but I can not describe it. I come and go from that place a lot lately. I am terrified that one day I will not be able to find my way back here. My sight grows dim, as if it is dusk.

          Bejah

  10. Latric Hill says:

    I was notified by my attorney that J&J decided not to try my case. They are negotiating a settlement. Is this because they don’t want to take it to trial because they believe they will lose? From what I’ve been reading they aren’t giving up so I wonder why they chose not to try mine. Any thoughts?

    • Jane Akre says:

      You will know from the settlement amount what they think about your case. They are playing hardball and likely are not threatened by your case, but I don’t know. What does your attorney say?

      • Latric Hill says:

        That they aren’t accepting any low ball offers and I had a very strong case. When I got the mesh I only had SUI and fibroids. Since then I’ve had 2 strokes, interstitial cystitis, autoimmune diseases and the list goes on. I have no normal life anymore. I had to stop working after the stroke and severe autoimmune response because I can’t function or control the pain.

        • Jane Akre says:

          I’m so sorry to hear about your ongoing conditions. Is your law firm aware of what’s happening in full detail? I’d love to see your case go to trial.

          • Latric Hill says:

            I keep them updated with notes from my rheumatologist outlining the chemo I take every month that’s failed to control my diseases as of yet and the 13 other medications I’m on. I also sent them the test I was given to measure my disease activity. I made sure to write them a long note explaining why I was submitting the info from my rheumatologist. I was told many women have developed AI diseases after having the mesh surgery. There were several articles I directed my attorney to. I will be happy when this is over. Not so much because of the money, I just want to feel like I’ve had my say and to be able to do something nice for my children and husband because they’ve suffered watching me deteriorate and go back and forth to the hospital. My life revolves around my doctor’s appointments now. They’ve had to help me up, dress and undress me. My kids have developed PTSD and are paranoid that my diseases will take me from them completely. I once had a great paying job that I loved doing. My urologist wants to take the mesh out and put in another one and I gracefully declined. I’ve had an Interstim device implanted yet I’m still leaking urine. I don’t want anyone else fiddling around inside me. The mesh has already done it’s damage. I just want to enjoy my life without having to have a ton of surgeries like some of the stories I’ve read from those having revision surgery. Thanks for “listening” I really needed to vent. I’ve been reading your articles for a long time but never commented. This was therapeutic.

          • Jane Akre says:

            Wanted to put more in, when you’ve already had a bad reaction? Can that doctor guarantee that you are not a “high reactor” who does not do well with a mesh implant? Can that doctor say for sure that you will not experience another foreign body reaction? of course not. Shame on them.

        • Bejah B says:

          Latrice,

          It sounds like JnJ may be threatened by the exposure a case like yours would represent. IMHO they want to keep you quiet so would be prepared to offer a more significant settlement than they would for others but I would not expect them to present that as an initial offer. Your counsel will need to be tough negotiaters but they know they and you have the strong suit (no pun intended,,,I think). They must have searched in vain for a technicality they could use as grounds for dismissal. This would be a good time for you to review your own case and make absolutely sure that you have shared everything significant with your attorneys. It may be a tough decision. On one hand I also would like to see your case to trial, on the other, if it does they will appeal when they lose and evidently it can then be years before they exhaust their right to appeal so you would need to be willing to hold on. The benefit would probably be a large judgement against them, your right to sue them again and discuss the case would be preserved and there would be greater exposure of their businss practices and that would benefit all of us. Personally, I think the more interested they are in settling, the more worried they are about what your case may represent. Others may disagree with me, of course. Thanks for sharing a little of your situation with us. We’ve got your back in spirit!

          Bejah

          • Latric Hill says:

            I originally thought about that as well. I think they want to settle because they don’t want my trial going to court. I called my attorney back Friday and her assistant said a bunch of us are being settled. If I remember correctly they are cases that are similar in nature. She told me they were still in negotiations and when a settlement offer comes I will receive a letter in the mail outlining the terms and I can either agree with it or not. I asked her what her thoughts were and she told me she felt I would get a fair amount due to the severity of my illnesses. No amount is fair considering this is going to be a life long struggle for me but I will leave myself open for whatever they propose and heavily weigh the benefits or drawbacks from it. Keep fighting everyone!

        • Bejah B says:

          Latric, I admit I am increasingly cynical and it is increasingly difficult for me to trust anyone but I wanted to mention….how do you know that your attorneys are negotiating with your best interest at heart rather than making a deal with the defendant that will give them the largest bag of money for their law firm. Remember that you do not have to accept the offer. When you are buying a house you are in the posistion of power. Make sure you are in this. They are not doing you a favor, you are allowing them to represent you. Remember you can just say “no”. Work the numbers and decide what you think your case is worth, do not let them tell you. Show them your power. Wear a black suit and three inch heels when you go in to your attorneys office. Or wear them when you talk on the phone. Do not be the poor weepy dependant woman they expect you to be. You can be that when you get home and put on your furry slippers and favorite robe. 🙂

          Bejah

          • Latric Hill says:

            Hi Bejah,

            I used to have a hard time trusting anyone too but after several near death experiences I’ve learned that I have to give people the benefit of the doubt until they prove themselves unworthy. My lawyer’s office has been in constant contact with me and outlined all my options etc. I feel confident that they will try to do right by me. I have a lot of attorneys in my family that I will consult with if need be as well. I have a lot of knowledge with attorneys and how they think myself because of the career I was in prior to my having to leave after my first stroke. In the end the law firm will do what they do and when the settlement offer comes I will go over it to make sure my best interests are taken care of. I don’t plan on taking just anything they throw at me. I would rather go to court and risk not getting a dime than to accept a low ball offer. I’m going through too much medically to allow that to happen. I’m also blessed with a husband who has a sound mind and my best interests at heart. Even if I weren’t in a place to make a good decision he definitely wouldn’t allow me to accept something that was a slap in our faces.

  11. Nanny Bug says:

    Dr broke my heart today , denied things he had told my husband and zi over around two years . He told me I had convinced doctors to perform surgeries on me . He said he did not believe that as small as mesh is that is caused the problems I’ve been having . He told me himself around. 5-6 months a go that I had perineal nerve damage he felt sure. Since then I fell and broke several bones. He denied I ever discussed leg pain or problems when that’s the reason I came to start with . My heart is so hurt at him . He said I was still mad at him because he had told me to purchase a vibrator to help with therapy and sexual arousal & that my husband and I may enjoy it . I’m sure lots of women have vibrators but there just not for me . I am 59 raised by Christian parents & never have wanted one & I feel uncomfortable about them. Not that it’s wrong it’s just not for me, I broke a nerve conduction study from a neurologist that shows perineal & sciatic nerve damage . He said it wasn’t from that & I had to have hurt my back very badly for the report to show that. Ivaduref him I had never had a back injury . I left crying in shock & trying to figure out why he had a change of heart on me. I feel like crawling in a hole and dying of shame & humiliation . I have never tried to convince a doctor to operate on me just to see if they could help me , I cant keep on doing this this my nerves , mind , heart & soul are just not here anymore . I can’t find any resemblance tobmeband whovZi use to be 5 years a go . She is gone & I can’t find her !!! I understand it’s hard on doctors too but I never wanted anything from him but to help my symptoms if he could !! God help any lady that had to deal with this horrible response !!

    • Jane Akre says:

      What a cold, cruel doctor. Really. Adding insult to injury. Just horrible.

    • Latric Hill says:

      That is absolutely AWFUL! Is he saying that because he knows of your lawsuit and now he feels he has to cover his behind? I don’t understand how he can be sympathetic then turn on you like that. You should get the records of any tests you had performed. I would also ask the records office in your doctor’s practice for the office notes. If you had tests done and it showed a problem he can’t change the diagnostic reports. He can probably change his personal notes but the diagnostic tests are normally read by a radiologist etc. Even if he did the test himself he would’ve had to dictate it to the system. I ran into the same issue when I broke my elbow. The doctor told me it wasn’t broken and sent me to therapy. It went from a hairline fracture to a complete break and rotated joint. After 3 surgeries it still won’t straighten out. I went to the hospital and retrieved my records and there it was clear as day..fracture! Stay on your doctor. One thing I’ve learned from my severe RA and complications from this mesh is that if you don’t continually stand your ground they will tell you anything to get you out of their office.

    • Bejah B says:

      In my experience if you tell these kinds of doctors to their face what you think and feel they will blacklist you and label you a troublemaker. The think to do then is (1) Get rid of the doctor, and get your files but do not tell them the name of your new doctor, and (2) Report them to the state medical board. I also often post to comment boards about local doctors (like Vitals,com). Also always check the state medical board to see if there have been fines, withdrawal of medical licences, etc. related to the doctor in question before you sign on as a new patient. Do not assume that their CV, colleague comments or patient comments are accurate or dependable. Such is the world now. Don’t get hurt, get even.

      Bejah

      • Latric Hill says:

        I think I’ve been lucky then because I’ve always stood my ground with my doctors and they admired that I was an empowered patient. I’ve always been proactive about requesting my records after a procedure is done. I have heard of doctors severing ties to a patient who asks too many questions but I feel those doctors have something to hide. In the end the doctor works for you. Most good doctors understand that and welcome the dialogue. If you feel you cannot speak to your doctor candidly then maybe that’s not the right doctor for you. Your health is most important and any inconsistencies should be brought to their attention. I have severe arthritis throughout my spine. When I had minimal damage my nerve pain was crazy. I get pain in my leg and feet that feel as if I’m being electrocuted. At times I get pain that shoots from my vaginal area up to my stomach area. I do not have any intimate urges anymore. They are gone. I am still a young woman who will never be intimate with my husband anymore. Don’t give up Nanny Bug. Keep fighting! Does your doctor’s office have a patient portal? If they do I would sign up for an account so you can have access to their system and your records. Most offices are beginning to go paperless and maybe your doctor’s office has so you can see the records from the other visits when he confirmed the problem initially.

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