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Endo Offers $830 Million to Settle 20K AMS Pelvic Mesh Lawsuits

endo logo two*This Just In*

Late this afternoon, Endo Health Solutions announced it had reached an agreement with several law firms to settle in principle about 20,000 defective pelvic mesh lawsuits sold by its subsidiary American Medical Systems.

Here is Endo’s news release.

Here is Exhibit A: Resolution Framework:

http://www.motleyrice.com/files/medical-devices/exhibit_a.pdf

MR press release about the settlement here:

http://www.motleyrice.com/news/view/motley-rice-enters-settlement-regarding-tvm-1086

That would amount to an average of $40,000 per case before legal fees are subtracted. Settlements of a mass tort are usually organized in “Tiers” of injury resulting in a range of compensation. In this case, women will be required to provide their medical records and a majority of women, or their estate, must agree to the settlement.

For women hoping to get back on their feet after the physical and financial losses associated with the injuries from pelvic mesh, or for those seeking removal or reconstruction surgeries, that amount of money is too little too late.

Apogee AMS

Apogee AMS

“I think this is Pure BS” says one Mesh News Desk reader. 

Women have been encouraged not to speak to the media if they are involved in litigation.  They spoke to MND on the condition of anonymity.

Joanna C. told MND “I’m disgusted, I’m angry. I will not accept this small amount of money absolutely not! I will fight this until the end. I’m sick.”

Rene B. said “Women have been injured. There is no way they’d accept that if it’s in their mother or sister. Do they think women are stupid?”

The settlement, if approved,  would resolve the majority of the lawsuits. There are still about 5,000 cases facing Endo/AMS, some of which are consolidated in federal court in West Virginia.

The four law firms behind the agreement are Motley Rice LLC, Blasingame, Burch Garrard & Ashley, PC, Levin Simes LLP and Clark, Love & Hutson, G.P

With legal fees beginning at 40% would result in approximately $332 million for the law firms involved.

There will be no admission of liability by the company and women who sign are typically expected to sign a confidentiality agreement. In the past there must  be a majority of the plaintiffs willing to agree to any settlement numbers.

ENDO/ AMS 

Endo Health Solutions took over AMS in 2011 for $2.9 billion and in doing so acquired more than 22,000 lawsuits claiming the polypropylene mesh is defective and doctors were not adequately warned about the complications associated with the mesh.

In the company’s Securities and Exchange Commission filing last year, AMS said it plans to “vigorously defend themselves in the remaining mesh product liability cases and in any new cases that may arise.”

AMS makes the Perigee, Apogee, Elevate, SPARC, BioArc, In-Fast Ultra, MiniArc, Monarc and Straight-In meshes used to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI).

According to the company’s website the Apogee Vaginal Vault Prolapse Repair System and the Perigee Transobturator Anterior Prolapse Repair System are “not available for sale in the U.S.”

Endo logoOn The Settlement Track

Last June, Endo Health Solutions Inc. agreed to pay $54.5 million to settle some outstanding lawsuits that have been filed by women who were implanted with the Perigee, Apogee and Elevate transvaginal mesh implants. See the Master Settlement here.

Last month the company announced it had put aside $520 million to cover the cost of litigation or settlement.  Endo also recorded a pretax charge off about $316 million at the end of 2013 which brought its product liability fund to about $520 million.

In its SEC filing, Endo Health Solutions Inc. said that an estimated 500 million women worldwide may suffer from urinary or fecal incontinence and around 400,000 surgeries are performed around the world annually to correct some form of pelvic organ floor prolapse.

Endo Under Investigation by AG Office

Then last month in its annual report released by the Securities and Exchange Commission,  Endo admitted it had received subpoenas from several states investigating the overpayment for its pelvic mesh products. The California Attorney General’s office is one of those states which issued a subpoena last November.

As of April 30, 2014, Endo/AMS is facing 17,369 lawsuits consolidated in federal court in West Virginia, just behind Ethicon at 17,790 cases. This does not include product liability cases filed in state courts around the country.

The company is still required by the FDA to conduct post-approval monitoring on the rates of organ damage and complications among the women implanted with its pelvic and transvaginal meshes.  See background story here.

AMS originally received received 19 orders in January 2012 but, according to the SEC filing, that has been reduced to 16 orders “for various commercial reasons” says its filing.

When AMS took its Apogee and Perigee pelvic organ transvaginal mesh (TVM) off the market, it was relieved of complying with the studies.

“AMS is continuing to work with the FDA to comply with these outstanding orders,”says the filing. #

Learn More:

Bloomberg News, Endo Pay $830 Million to Resolve Vaginal Mesh Suits, April 30, 2014 here

Reuters, Endo Agrees to $830 million to Settle Vaginal Mesh Cases, April 30, 2014 here

Mesh News DeskEndo/ AMS set aside $520 Million to Settle, February 2014 here

Master Settlement, SEC filing, $54.5 Million, Freese & Goss, Matthews & Associates and AMS here

Mesh News Desk, June 21, 2013,  Endo Agrees to Settle Some AMS Vaginal Mesh cases for $55 Million here

226 Comments

  1. Tambrea says:

    Just found out today my mesh is eroded again, pain is to the point of an ER Visit ! Who pays to have it all remove! That won’t even touch the medical bills! Feel our pain don’t cause us more by a slap in the FACE!

    • Tambrea says:

      I’m looking at a trip to California from Ohio! I have never flown before! I’m 56 years old my father depends on me daily to feed him or make sure he is cared for. My life before AMS was better after a partial removeal of J&J was some what better! Now I deal with pain and no intimate relationship with my husband! I can’t empty my bladder, my kidney functions are bad. My bowls are a mess and I’m sick of this!

    • sorry to tell you but i had my mesh removed. they cannot extract all of it because of more nerve damage that can leave you in even worse shape. my pain is no longer lateral across the abdomen, it is in the joints of the pelvic area where they tie off this mesh. removal brought some relief but i refuse to ever let another doctor touch me again. I am at a point where dying is easier and at least I will be out of pain.

  2. Suzanne says:

    Are they serious? They are offering roughly $40,000.00 per person, and we must also pay our lawyers out of this; must be a joke! That would not even cover my medical expenses for the multiple surgeries I have had as a result of mesh. Tambrea is right, that is a slap in the face to every mesh injured woman in this world! SICKENING!!!

    • KAREN NEWMAN says:

      please! please! don’t except that pitiful excuse of an offer the rest of us are waiting for a good outcome! nearly two years after tvt removal! my life’s ruined, ruined marriage! what does the future hold??? keep up the fight!

  3. stopmeshimplants says:

    Disgusting news, but not at all surprising. Just think about what they have done. This settlement offer goes along with their belief that mesh is good for us, they are doing us a favor and they have done nothing wrong. Warped thinking at it’s best. Now it is time for us to continue to tell our stories and explain how we are still damaged in so many ways!

  4. justiceisntjust says:

    Ladies take it from a mesh injured person who knows the law. Your lawyers sold you out! They most likely signed an agreement stating that they would get 85 percent of the paintiffs to sign. Then try hard to get the remaining 15 percent to agree or refuse to continue to represent you if you don’t. They will try to talk you to into it, tell you its the best you’ll get. Tell you that your case would take years to go to trial and even then a jury wouldn’t award much.

    Do not agree to this settlement. They are doing this for the enourmous fee they will get. Dont be intimidated by them . Dont let them coerce you into this pathetic agreement. Dont blame the manufacturer this time . The lawyers could get us a lot more money, but why should they. They listen to us cry poor on this website all the time. So with little or no work on thier part they get themselve a ” get rich quick settlement” and we get the shaft. Many if not most of you will accept the money and I have seen it time and time again. Nothing will change. Our grandchildren someday will be hurt by medical products just like us. The only way to change this situation is to hurt this companies were it counts- thier bank accounts and it will take a much larger settlement offer then this! Say no to mesh, Say no to your lawyer. So ladies lets “women up ” here and demand a fair settlement!!!

    • Patty says:

      Someone else posted today that 10% goes to the MDL, if your attorney contacted another attorney on the matter he gets 4%, someone else gets 4% and any insurance company that paid your bills will take their share. That leaves us right where we are now. What would they do if we all fired them? Sue us.. Lol. What would they get, we have nothing. You know the majority will accept. Also this person posted that if you do decline the offer your attorney will discharge you and no other attorney will take your case after that. It’s a lose lose situation. We’ve been screwed big time!

      • justiceisntjust says:

        That is not true. Another lawyer will take your case. Dont believe the lies. Further, your lawyer cannot sue you if you decline the settlement. He may not continue to represent you, but you will find someone else. Dont be intimidated into accepting this settlement.I am a mesh injured person who knows the law. Pls. Ladies there is strength in numbers. However, even if others cave.in, have courage. Dont give in too.

        • Sandy says:

          What if statute of limitations was a factor and atty served some kind of waiver to get case in before SOL ran out how do you get another attorney to represent you.? I have felt mis-represented from the start not to mention firm is under different entities?. This is crap $40,000 if you dont accept what happens? What if you did all the leg work providing all medical records? I have asked several times when did they want all the expenses, perscriptions mileage etc and they said when we need it we will ask? Doesnt this get added into amount along with punative damages contortsium etc.?

        • wendy says:

          Can you help me find a lawyer? I live in southern california and dont trust anyone!

          • Jane Akre says:

            What type of mesh do you have?

          • Kelly says:

            Wendy I am not sure who your attorney is, but I live in Illinois and my attorney’s are Bailey Peavey and Bailey out of CA. On May 28, 2015 I had mesh removed and they were already trying to settle with J&J. Called me within 4 days and had 3rd party on their way to get the mesh from pathology.

          • Helen says:

            Hi Wendy

            My Mesh case is with a different manufacturer but I too received a settlement offer that is BS. Luckily I have an attorney that I retained that is on my side and he has told me that I need to take my case to trial. He is awesome and has helped me through out my entire mesh journey. He is the doctor/attorney in the white coat in the ad at the top of this page that reads “Suffering from pelvic pain? Speak with an expert.

            Give him a call. Hope he can help you the way that he’s helped me.

            Good Luck!

    • I so agree with this. It is time to say NO!

    • Carly says:

      If we continue to stick to our guns and say NO, will our law firm so fight for us?? Or what happens???

      I’m with you this is total BS, how else can we get the word out??

      Thanks, Carly

    • Dorothy says:

      GREAT ADVICE…….IMPRESSIVE INFORMATION…..YOU SHOULD START YOUR OWN PAGE, THEN MAYBE

      SOMEONE WITH POWER WILL START AN INVESTIGATION…. YOU WILL HAVE ALOT OF FOLLOWERS AND

      HELP ALOT OF VICTIMS……..WILL BE LOOKING FOR ( JUSTICEISNTJUST)

    • Dawn says:

      I agree I feel like I’m being bullied in to this ridiculous offer based on points.And they give no points for pain and suffering or marriage breaking down future medical problems no point ts for a lit if things! It pure bullshit!

  5. Bev says:

    Tell ya what. I will agree as long as I can have my doctor implant the same mesh I had in him. If after 1 or 2 years he does have any pain, problems or further surgury I will agree.

  6. msm says:

    Deduct 40% for the attorney. Deduct ALL of the money your insurance has paid for your treatment (yes they get it back). There will not be one penny left for those of us who have had multiple surgeries. I feel like a pawn…. a stupid pawn…

    • justice isn't just says:

      Don’t be a pawn, Stop being so sad get mad! Don’t agree to this settlement. What is wrong with you guys. You don’t have to pay for your lawyers next yacht or his wife’s shopping trip to Europe. Pls. ladies get some back bone! Stop empowering the big corporations and the big law firms that do not have your best interest at heart. They think your weak and pathetic and you will take anything they offer you. Don’t put stuff like “I feel like a pawn a stupid pawn” online. They read this stuff and say” see, they will cry and take the tiny bit of money we offer them. Their weak and pathetic , they’ll never stand up to us.”

      • sabrina says:

        Well I just got a call today. They low balled me big time!!!! I have had 3 surgery’s. First one back in 2006. 2nd one was a TVT 2008. The band eat a hole the size of a golf ball in my vagina wall. 3rd had my pelvic and bladder lifted 2010 and they only want to pay 30,000. You’ve got to be kidding me right!!!!! Well I’m with you on this justice isn’t just!!! I’m going to fight with all I have. I still may have to have another surgery done for scare tissue damaging from the first 3!! That makes 4!!!! NO MORE!!!!

    • Joyce says:

      Don’t forget about the states get There cut. Ga get 75% of the award. That leaves Ga mesh ladies with nothing. With medical bills that we can’t pay. Oh and then the federal taxes you have to pay after that.

      • Margarita says:

        First of all there is no tax on this money. I had my implant in 2004 and I’m still going to surgery; I just had surgery a week ago. My case been pending since, 2011.. And no its not right nor is it fair to pay 40,000 in the worse implant case. I realize everybody wont get the same amount ; but 40,000 is ridiculous. By the time the lawyer get his and you pay the medical bills there is nothing left for the suffering you did. Something need to be done about this. But on other hand if they go bankrupt then no one gets nothing.

      • msm says:

        Since my attorney is in GA, I looked it up. The 75% only applies to punitive damages because they are inflicted on the defendant by the jury as punishment for wrongdoing. (Too bad they can’t inflict jail time.) It does not apply to compensation for pain and suffering, loss of wages, etc. awarded by the jury or from a settlement. Thank goodness!

    • Carly says:

      Your know pawn…….ALL OF US JUST SAY NO WE NEED TO FIGHT FOR WHAT THEY DID….OUR LAW FIRMS WANT A PAY DAY THEN WE NEED TO MAKE SURE THEY ARE WORKING FOR US.40.000 IS A F—-ING JOKE.

      400.000 IS NOT ENOUGH…COME ON LADIES FIGHT. NO NO NO NO NO NO NO NO

      • Denise says:

        I suppose to have lee murphy but get calls asking me to get my own records i had put in in 2006 the doctor put to close to opening in vagina i went 7 yrs trying to get help no one would even look at it the i found a doctor it done got erroided came through vagina wall just had revision surgery pain in legs worse said think doctor who put in tacked to nerves in legs they want me to settle does anyone know better lawyer its been 4 yrs and they want me get my stuff

  7. Patty says:

    The only ones that will get anything from this are the attorneys. Why 40%? Why? Greedy bastards!! We are the ones suffering, losing our families, our jobs, our lives, our quality if life. We have mounting medical bills. Right now I have 11 bills and NO money to give them. I see Dr. Raz in June and have to set up surgery to get this garbage out of me. I have no idea how I’m going to make this happen but I have to. I’m getting sicker every day. Damn ambulance chasers. There should be a cap on how much attorneys can charge. They really bent us over the sink on this one. And damn those pharma companies for the wrong they’ve done us!

  8. Sandy says:

    I am outraged! No way will I accept this amount of money. I can’t work now and I will lose 300,000.00 in wages and they want to offer 40,000.00! That’s BS. If my attorney decides not to represent me after wards I will fight to find someone who would I think and I have no reason to believe he will sell me out for that amount of money. I have even started seeing a counselor because I am so depressed I have thought really bad thoughts. i am having problems dealing with the pain and all the other emotions this mesh hell has pit me through. i pray my attorney will not sell out and will have morals and dedicat ion to his clients! I am worried we will get the shaft over this whole deal No way, I want them to come to my state and let the people decide what is fair. Haven’t these people heard what the majority of juries have awarded victums because they believe that is what women deserve! I have waited a long time and I will wait for hell to freeze over before I ever agree to this amount of money. If they put another zero towards the beginning then and only then will I agree. Other wise we will have a long and painful relationship AMS! This is just beyond belief. Can someone please tell me how this happened! OMG!!!!!

    • Dorothy says:

      $40,000 I was told by the Attorney (who called me) that I was not allowed to discuss this with anyone…First of’

      all they called me stating it was upmost urgent that they represent me. They knew what implants I

      have. (who gave them this info)….The law firm had three different women call me stating that I was

      entitled to a settlement from Am. Med. …….I did sign URGENT paperwork….Friendly Urgent Women

      working for these Attorneys…Shame on Them……Then they had another woman Ms. Brown call, and

      of course it was Urgent and Had my Best Interest …… Super Friendly asking all kinds of personal

      questions, I was so uncomfortable with these questions I could not answer.. Shocking ……

      Well finally they made me an offer ( it is not even close to 40,000.00)…Hell my pads for the last 6 years

      cost more than their offer….The implant did not work, plus I have not been able to have a normal bowel

      movement in these 6 years, So I have to take laxatives every three days……Also With any pressure in

      the implant area I can feel it cutting into me.. I hope these ladies are proud of their sweet talking, they surely

      did not have my interest….Now they are saying I verbally agreed to this pitiful settlement….Screw them

      I am not signing these fat file sitting on my desk

  9. jade says:

    http://www.marketwatch.com/story/motley-rice-enters-settlement-regarding-transvaginal-mesh-2014-04-30

    If I am reading this press release correctly, the $830M was only available to 6,000 victims – not 20,000. If this is a correct interpretation then $830M – less 40% attorney fees = $498M – divided by 6,000 victims = $83,000 (average) per victim. But, you have to consider, there is also a grid which will award some victims at the top much more than those at the bottom. As the settlement agreement stipulates, to be eligible for compensation, victims who will fare the most will have thorough itemization of medical records, chronologic records of complaints, medications, injuries and, of course, proof of implantation of specific AMS kits.

    • msm says:

      I think Motley Rice may be referring to the number of clients they represent. If I’m reading the report correctly, amounts will be determined according to the number of clients in each of the categories for each of the firms. All insurance must be reimbursed also. So could a person who had 5 surgeries costing $150,000 end up with less than the person who required only $15,000 in medical costs? Can’t be! or can it….. The funds won’t go far after every client’s insurance is reimbursed. It will be interesting to see how it all pans out.

      For anyone who hasn’t read it, the agreement is also on the Motley Rice website. Here are the links.

      Joint Report of Negotiating Plaintiffs’ Counsel and American Medical Systems’ Settlement Counsel Regarding Status of Settlement Negotiations:

      http://www.motleyrice.com/files/medical-devices/joint_report_filed.pdf

      Exhibit A: Resolution Framework:

      http://www.motleyrice.com/files/medical-devices/exhibit_a.pdf

  10. jade says:

    http://blog.motleyrice.com/playing-the-blame-game-v-owning-it/#comment-2587

    Get your arms around this “gloating” press release issued today by Joe Rice, Partner, Motley Rice on behalf of – well, I guess himself??? Thanks, Joe, for all your fine work in achieving a pitiful settlement for your clients and a “grand slam” for your firm. Not only do you bring in your thoughts on “courage” as related to your daughter, but we are forced to read your self-proclaimed “victory” over the perbetrators of one of the worst crimes ever performed on unsuspecting women “also referred to as rat biology”. Your writing has confirmed to us that you are definitely NOT on the side of women who have been victimized by these horrifc and deadly experiments. We, the victims, are the literal stepping stones to your recenlty gained fortune. Yet, not one word about our suffering except to say “…when “people” (afraid to say “women”, Joe?) are hurt….” That’s, right, we are, or were, women BEFORE these experiments! We are your Mother, your Wife, and your Daughter. Maybe, if you sat down in a room even ONE NIGHT to witness our suffering, our destroyed ability to walk, speak, eat, enjoy our family, urinate without a catheder, beg for sleep which the pain would not allow – and, maybe, just maybe IF we happened to be your wife, your daughter, your granddaughter, you’d understand that there is NO PRAISE and can ever be for ENDO, AMS, Boston Scienitific, J&J, Ethicon. As you stated in this release ENDO proceeded with “….the utmost professionalism and in a responsible manner…”. Joe, tell me, were those sterling qualities when they developed and subjected us unsuspecting women to the horror of their mesh implantation kits? What ENDO and YOU did was deliver an unreasonable setttlement proposal on the part of EACH and EVERY legitimately injured victim! We don’t need the crumbs that are “left over” from your bounty. We need justice and TRUE compensation for our destroyed lives. Unlike you, Joe, we are not celebrating a victory tonight. Enjoy your second martini and your celebratory dinners and parties while we can only hope for a Counselor that will FIGHT for what we need.

    A quote from a TRULY GREAT individual – Charles Krauthamer – Author, Things That Matter

    “When you join the most monstrous of killing organizations, when you carry its seal, you become responsible for its crimes.”

    • pam says:

      jade, I agree, what they did was so evil against clients, What they got , questions how much they got by not fighting for women truly damaged for life. (and under table favors for not standing firm against the companies, not counting those women like me that have been put through pure hell and will be for life. If those women that have suffered so long and there is not end, 40, 000 will not pay for just the hell of trying to find a doctor to talk and care , since so many are lying to them. but look at all in leadership even the president who got money from these companies and more doctors , attorneys , judges appointed , in states and federal to make sure what women deserve is every penny these companies and doctors and nurses that have lied to them, and covered up the truth even the FDA, that did not care . no, no, NO NO, that money is nothing , we have lost money having to buy and sacrifice even over counter products we normally would not buy and spent money for gas and more to getting to doctors , that did not help us. TELL THE COMPANIES THEY LOSE EVERY PENNY THEY MADE OFF OF MESH, THE DOCTORS THAT DID THIS TO WOMEN AND LIED TO THEM, WHERE IS JUSTICE IN 40, 000, FOR DAMAGED FOR LIFE, NO WE WANT THE BILLIONS NOT MILLIONS, HAND PICKED WHO FROM HELL ARE HAND PICKING THE CASES THAT HAVE BEEN HEARD AND WILL BE HEARD , THEY NEED TO BE PUT OUT OF BUSINESS, AND LIKE ANOTHER WOMAN SAID, BUTCHERED AND LIE TO DOCTORS AND NURSES AS WE ARE ALLOWED TO PUT THE MESH IN THEIR SEX ORGANS AND LIE AND WHEN THEY START GETTING INFECTIONS AND MESH MOVING IN NTO OTHER BODY PARTS, , SMILE AND SAY THEY ARE CRAZY, THE MESH DID NOT DO THAT TO YOU, IT IS NOT MOVING WHEN IT FELT VERY APPARENT STICKING OUT AS IT STILL CUTS THROUGH CAUSING PAIN AND MORE INFECTIONS, VERY SEVERE. .

      IT’S HURTS IF YOU ARE ON YOU FEET , WHEN YOU SIT , YOU HAVE TO LAY DOWN, AND TO THEM THEY WANT US TO LAY DOWN AND DIE, AND WITH TIME QWE WILL ALL DIE AND MORE NOT PAY, PUT THOSE LEADERS TRAITORS TO CITIZENS IN AMERICA, TO NOT TELL THEM THE TRUTH AND COURTS THAT ARE ALLOWING THIS TO DRAG AS PEOPLE’S SUFFERING, , PUT THE NOOSE AROUND THEIR NECKS, MAYBE SOME WILL THINK TWICE BEFORE PUTTING MESH INTO HUMANS, IN THE ONES SO GREEDY, TAKE EVERYTHING THEY HAVE , THEIR HOMES , EVERYTHING, FANCY CARS STOP THEIR DAMN PARTYING AT THE EXPENSE OF THOSE SUFFERING FOR LIFE. WE WANT ALL THEY HAVE EVERYTHING LIKE WE HAVE HAD TO SACRIFICE AND SELL TO MAKE ENDS MEET , AND LIED TO BY THOSE IN MEDICAL THAT SHOULD LOSE THEIR LICENSE AND FORBID THEM TO EVER PRACTICE MEDICAL AGAIN IN THE USA. LET THE CRY IN PAIN AS WE HAVE AND NOTHING , LET THEM BEG FOR ANTI BIOTICS AS WE HAVE, LIFE BILLIIONS NOT EVEN MILLIONS THEY NEED TO LEARN NOT TO DO HUMAN BEINGS , ARE NOT ANIMALS THAT CANNOT SPEAK AND THINK. TO TREAT US LIKE ANIMALS. DO I SOUND HARSH? LOOK AT THE CRUELTY i HAVE BEEN THROUGH AND OTHERS. . TRUST MEDICAL , NO, , NEVER NOT UNLESS THERE IS A 2 WAY CONVERSATION GOMNI ON, FIRST THEY HAB=VE TO LISTEN TO ME, THN i WILL LISTEN TO THEM, THEN IT TAKES 2 , TO MAKE SURE SOME ONE IS NOT LYING. QUESTIONS ANSWERED.

      GUESS i AM SO ANGRY, TODAY AFTER SO LONG OF PAIN AND SUFFERING WENT AGAIN TO A DOCTORS OFFICE THAT SAID i HAD INFECTION, THINKING SHE HAD GAVE ME PRESCRIPTION FOR ANTI BIOTIC, , i GOT TO THE PHARMACY, NOTHING FOR INFECTION JUST A MILD PAIN PILL, NOTHING INFECTION, , NOTHING, i tried to tell her 1 st time seeing her the pain from infection, pain pills are not going to help with infection at all. the mesh has done more damage , in the past 2 weeks, pain taking me down to my knees at time, hitting, , what do you do? but wait to die. damn the thousands , billions and everything all that got rich to lose all even license to practice medical again and ever, and the companies to lose all before the sell anything, they enjoyed getting rich, planes, yachts, cars all, like we for life have to suffer.

    • justiceisntjust says:

      Well said Jade!

  11. Michelle says:

    I am also disgusted. I had the implant in 2005, complications started soon after. I have had six surgeries to remove it, but unfortunately, the bands to the monarch sling have grown into my tissue. Leakage, and pain every day!! Never mind the psychological issues, relationship gone!! Four years ago was my last relationship. I will not settle for a pitiful amount. I and we deserve more. That won’t even cover medical, never mind pain or suffering. It’s a travesty…

  12. justiceisntjust says:

    Please understand that Motley Rice is only one firm with maybe 6000 clients but they joined together with the others to total 20,000. Even if the least injured only get $ 40,000.there won’t be much left for a higher tier, unless, the lower tiers start at $15,000 to 20,000, which is pathetic.Trust me, the highest tier wont even begin to cover your losses and expenses. The only ones who stand to win and win big in this agreement is the lawyers. They will scream from the rooftops that this is in your best interest ladies, but in fact it is only them that have much to gain. The sad fact is why should they put more time and money into our cases when they can win the multi-million dollar lotto now! Its called cost benefit analysis ladies. Its all about doing what’s best for the firm.

  13. justiceisntjust says:

    Please Ladies do not give in to fear and desperation. Do not let anyone coerce you into to a settlement because you feel you have no other choice. I don’t think you realize what a strong position you are in! At this rate you could have done better negotiating for yourselves on your own behalf. They will tell you that there will never be another offer, that no one will try your case. Don’t believe them, but more importantly don’t panic. Remember they have an alternative motive to convince you to sign. They do not get paid multi- millions unless they can convince you to sign this agreement. For once let us stand up to these unscrupulous corporations and the attorneys that have put there own greed before out best interest. Your the injured and suffering , Demand your fair settlement. ,

  14. Remember that divide and conquer is NOT the way to go with settlements. Stand strong and say NO!

  15. jade says:

    Thanks for support. Please go to the press release and send your “NO” vote in the comments column. Maybe, just maybe you can get your comment past moderation and it will be posted. However, I doubt that will be the case. If we all send our “Hey, JOE, Women Vote NO” comment, possibly Joe will get the point! We talk about the “Marketers” of these manufacturers and all the harm they did to us – well, this release represents Motley Rice Marketing their firm OVER the best interests of their clients! Such a betrayal to the victims that one of the lead Plaintiff’s Counsel so easily climbed into bed with these criminals! Go to the link below and tell Joe what you think of his “victory”!

    http://blog.motleyrice.com/playing-the-blame-game-v-owning-it/#comment-2587

    Maybe the way to go is to “picket” in front of our Counsel’s headquarters and NOT just the manufacturers’!

  16. jade says:

    http://www.startribune.com/business/257748151.html?src=news-stmp

    Don’t take that settlement, ladies. Read this link – Endo knows they are liable for BILLIONS and so do their shareholders! They are getting off way to easy. Stand up like “justiceisnotjust” tells you to do! You are worth it! Just one excerpt from the release….

    “Shares in Endo’s stock initially rose sharply Friday after analysts wrote the settlement removed a liability that had potentially been worth billions. In a conference call with investors and analysts Friday, Endo chief executive Rajiv De Silva said the company still faces more than 23,000 claims over the inserts. Endo’s shares closed down nearly 1 percent on the Nasdaq Stock Market.”

    • msm says:

      Jade,

      I just followed your link. They removed the original. It has been edited and now says only the following.

      Note this quote”…can seek more money, under the settlement terms”. That would be highly unusual and isn’t what I read in the court agreement.

      “The parent company of a Twin Cities medtech firm will pay $830 million to settle thousands of lawsuits from women claiming a mesh it produced for use in pelvic surgeries degraded afterward, causing pain and other problems.

      Endo International, which has owned American Medical Systems Inc. of Minnetonka since 2011, will provide about $40,000 each to claimants in about 20,000 lawsuits. Women who required multiple corrective surgeries after the product, called a vaginal mesh, was implanted can seek more money, under the settlement terms.

      American Medical Systems is one of several manufacturers to be sued by women who claim they suffered further pain and injury after the implant was used to treat a pelvic organ prolapse, a discomforting but not life-threatening condition typically suffered by older women.

      In 2010 alone, the FDA said U.S. doctors performed at least 100,000 procedures using vaginal mesh inserts. Tens of thousands of women have filed such lawsuits. Plaintiffs’ attorneys advertise online and late-night TV for litigants. Johnson & Johnson, the largest maker of health care products in the U.S., stopped selling several lines of vaginal inserts last year.”

  17. justiceisntjust says:

    I just have one question for all of you. Did your attorneys that participated in these settlement talks discuss this with you first or at any time during the negotiations? Did you know that if you feel that your attorney hasn’t acted in your best interest or has mishandled your case you have a right to file a complaint with bar association. thiedistrict. Ligitimate complaints are investigated seriously.

    • jade says:

      “Justice” – I did not know this. As Endo/AMS is not my implant, I was not contacted. But, I wonder IF any of the Endo/AMS victims were contacted? Also, it would be a good idea to have a front-page story. I’d be glad to assist in anyway I can.

      • Jane Akre says:

        Jade- I certainly think now is the time to look at your contracts with the law firm. What does it say about entering into any agreement to settle? Should the client/patient/plaintiff be consulted first as part of the agreement? Certainly with a certain period of time there should be contact by the law firm. And definitely there will need to be a large percentage, perhaps as large as 95% who need to agree with the settlement or it goes away. Look at those contracts and please comment here…. we are all waiting..Thanks!~ ja

      • sandy says:

        I think each and every one of us should file complaints with the state bar association in the state the atty handled this and then submit a story in local newpapers and also the newspaper where the attorney handled. If everyone voices their opinion others that go through this will know which attorneys to stay away from. Most of these attornies were probably the first ones that came across your tv screens as in my case. They hsndle more than mesh cases they handle the hip replacements and drug companies. These are the ones that can afford to sette because they are getting rich quick off of all the other products. My conversations were tearful intense conversations and they acted as though they cared or had empathy sympatheic to my situation some could even relate. Thsts crap!! Where there is greed their is Karma.!! I knew all long something was screwd up. I confronted them asked questions and alot of the questions were detailed which they promise an attorney will get back to you. But didnt.

    • msm says:

      Absolutely not one word about a settlement until after it hit the presses last week. Then just an email promising detailed info in a few days. Apparently they were working on this since last September. I guess that’s why they kept postponing the bellwether trials.

    • v. alexander says:

      I am an Endo/AMS recipient, and the answer is NO, I was never consulted about any resolution settlement. There was very little communication at all during the process these past 3 years. Do I believe that my representation (Motley Rice) is looking after my best interests? NO. I am with you on voting NO on accepting settlement.

    • insultedinwashington says:

      I am a AMS plaintiff. I was not contacted by my attorney until after the negotiations were complete. So thank you very much for your info! I will use it.

  18. justiceisntjust says:

    Jane. How about a new front page article titled ” Women outraged by proposed mesh settlement”

    • Jane Akre says:

      Good idea…..Who can be quoted?

      • Mary pat says:

        Hi Jane, How about an article about “the power of the internet..how mesh survivors came together to change the world….we are united and we won’t go away”. In England the Calendar Girls united and became a powerful force against cancer with their calendar. We are united through the internet (thanks to you, primarily) and we can become an indomitable force by our very numbers! “Hell hath no fury like a woman who’s been scorned”. Use women for a human lab rats, destroy their vaginas and their lives and be prepared to face an army of scorned women who are mad as hell!

        • Jane Akre says:

          I love it…. I have given the law firms an opportunity to explain further. I’m still holding my breath… I’m turning blue but am still optimistic!!

      • Kitty says:

        Jane I just noticed your reply “Who can be quoted” for a front page story. I believe many of us are scared to be quoted. We feel safe speaking on this blog that you have provided for us. Are all of us that have attorneys under a gag order? What good did a gag order do for AMS/Endo victims?

    • Betty says:

      Why dont we call on all the talk shows and see if anyone will help us women to get the word out? They work with other abuse cases and that is what I call this. Abuse of power over inicent women going to their Doctor’s and being used as ginny pigs for large payouts and monies to produce dangours implants that are KILLING US.

      Yesterday being MOTHER’S DAY most of us couldnt even go to family let alone out to eat either bcause we need to be close to bathrooms or broke from all the travel we do for DOCTOR’S. Or because we are so depressed about all our problems because we trusted our doctor and our lawyer’s to help us and WE ARE GETTING SCREWED, which god if it didnt hurt so bad, it might feel good since I havent been able to make love to my other half in over 3yrs:(.

      And damnit I miss his touch but my body scream evey time anything touches or rubs me anywhere, my nerves are on fire from my boobs all the way to my feet so all of us NEED to STAND UP and say HELL NO to Penny on a Dollar for our PAIN AND SUFFERING.

      Thanks for all you are doinghere for all of US.

  19. Joi says:

    We must NOT give in to fear, desperation, and anxiety, as JusticeisntJust says. Standing together, we are in a very strong position, let’s use it wisely. We must get the word out to the public thru national media coverage, radio talk shows, and the like. I favor FOX’s Judge Jeanine, who hates injustice, and Megan Kelly, who has always stood for the underdog. Let’s email these women with our stories of horrific pain, bleeding, infection, and multiple surgeries (I have now been scheduled for my 4th surgery.)

    We have been victimized by these deadly “experiments”, and we have been left with a shell called a body, BUT we still have a Spirit with which to fight! Women, UNITE! Let’s all vote NO! NO to injustice, NO to deception, NO to that government agency that allowed these horrendous implanted devices to be inserted into our bodies. And certainly NO to the attorneys that “achieved” such a pitiful settlement and called it a victory!

    • Mary pat says:

      I vote “NO”. We are united! Thanks to Jane we have found our community of survivors. The settlements need to be fair. They need to account for medical bills, past and future, pain and suffering and list wages. We were violated by mesh makers…..now some unscrupulos attorneys are adding inslt to injury. Ladies, don’t agree to their insulting settlements. File comaints with your state bar associations instead and find an attorney who actually cares about justice. The attorneys who agreed to the Endo settlement DO NOT care about justice or their plaintiffs. They are even worse than the mesh makers. Mesh makers used us as human lab rats. The unscrupulous attorneys are preying on the mesh makers victims. DO NOT ALLOW them to abuse you further. God know you have suffered too much already!

    • Mary pat says:

      I vote “NO”. We are united! Thanks to Jane we have found our community of survivors. The settlements need to be fair. They need to account for medical bills, past and future, pain and suffering and lost wages. We were violated by mesh makers…..now some unscrupulous attorneys are adding insult to injury. Ladies, don’t agree to their insulting settlements. File complaints with your state bar associations instead and find an attorney who actually cares about justice and who actually cares about you. The attorneys who agreed to the Endo settlement DO NOT care about justice or their plaintiffs. They are lining their own pockets and they are exploiting you in the process. They are even worse than the mesh makers. Mesh makers used us as human lab rats. The unscrupulous attorneys are preying on the mesh maker’s victims. DO NOT ALLOW them to abuse you further. God knows you have suffered too much already! The attorneys cannot settle if the plaintiffs won’t agree to the terms. File your complaint with the bar association instead! This is not a class action lawsuit. It is a Multi District law suit. The attorneys were supposed to look at each case separately and the attorneys were supposed to make sure their plaintiffs would be compensated for their medical bills, pain and suffering and life planning which includes loss of wages. It is utterly despicable that Motley Rice, and their gang of settlers have sold out their plaintiffs for paltry settlements. The settlements they agreed to will not cover medical bills, will not pay for future surgeries and most certainly will not cover loss of wages or pain and suffering. DO NOT let them persuade you to settle!!!! You have already lost your sexuality, your health, your quality of life… DO NOT let Motley Rice and gang take your dignity! It is a matter of principle.

  20. jade says:

    Two days ago I left a comment on the link below (Joe Rice’s ENDO Settlement Release) to respectfully offer my disappointment on his attitude and the “settlement” agreement. My comment is blocked from view of the general public, but on my computer it still appears as “under moderation”. I suppose since it’s been “under moderation for two days on my computer alone, it will never be viewed by any other visitor???? Doesn’t this in itself tell US something? I suspect that Joe is ONLY receiving positve comments!

    http://blog.motleyrice.com/playing-the-blame-game-v-owning-it/#comment-2587

  21. justiceisntjust says:

    Jane , you can quote all of us! How about an article discussing the angry responses to your earlier article it could be titled “Mesh injured women outraged by proposed settlement” or something to that effect. Discuss the response you got to your earlier article.

  22. justiceisntjust says:

    Ladies stay strong look up the law yourselves. What i tell you is the truth.I too am a mesh injured women. As with most of us have had and facing surgeries. Jane, I know you have to support this website by taking donations from these law firms, but pls. Write an article for us. We really need this story your front page.

  23. justiceisntjust says:

    P.S. thanks Jade for all your links and references. I too am disgusted with Motleys self praise and the stock update.for endo.

    • jade says:

      Justice – You are welcome. Here’s another link that will surprise all of us. It is posted on the Motley Rice site and is titled “Exibition A” – it is a grid by which they are calculating damages. Sad, but true, they have it figured down to the last procedure. I realize they must do this to calculate the amount of settlement “deserved” by each of us – but, INJURED is INJURED! To me this grid just reflects the unfeeling and dispassionate way they view our injuries and their total disregard for women.

      http://www.motleyrice.com/news/view/motley-rice-enters-settlement-regarding-tvm-1086

      If you click on the above link and get through the “read” at the bottom you will find the “official” papers outlining the settlement agreement and the “matrix” that will be the determing factor in deciding “who gets what” and “how much”. I would assume (and you know what “assume” means) that this is the ONLY way they can deal with the number of cases each law firm is bringing against ENDO/AMS. However, it is still uincomprehensible as to “how” our Counselors and ENDO can “split a dime” so many ways among the victims and still walk away with millions for the firm without a blinking an eye! Motley Rice is correct – it would cost them billions to fight this crime against women who have put their trust in them! And, if they just settle NOW, they will make their millions at their clients’ expense. Most of us cannot sleep at night because of the pain this surgery has left us with, but how do our Counselors sleep at night knowing that they have betrayed us? How outraged should we be OR should we be still and realize that this may be “it”???

  24. sandy says:

    i am a AMS mesh suffer. yes it is out but the nerve damage has been done. i was not approached about a settlement as my attorney was not part of this. i want to believe he is a better man than to ever consider this kind of settlement for me. today has been really hard. all weekend long there were family things going on and of course i was sick. sick from pain, sick from all the meds i try to take. i sit here and cry and ask where has my life gone. i am losing hope as i hear about this tiny incedious settlements. my hope is that some day i would have the money to find a good doctor to help me. my hope is that i would not have to live my life worrying about how to pay my bills now that i can not work. now hope is creeping away as the sun sets here tonight. i wish so many times that God would just take me home. Away from the pain, the sickness, the loneliness, the hopelessness. i cry because i use to have friends to do things with now i do not. I cant go out and have fun any more because of the pain 24/7. So here this you awful, terrbile people (trying to be a lady) that hurt me. I will never settle for the little tibits you want to throw us. I may lose all hope but I will not let you win by giving into yoru slaps in the face that you are giving us all. You will pay me every thing i have lost one way or the other. I will not ever give into you. You will treat me with remorse and respect and will tell me you will change how you treat women. I am not a lab rat. I am a human being that you have destroyed.

    • Carly says:

      Sandy, email your phone number so we can talk….I have nerve damage too so I know what you are going thru….home all the time…I can’t sit,walk or stand long at all and get soooo depressed no one understand what I’m going thru. So if you would like a friend send me your number. Carly

  25. justiceisntjust says:

    Thanks Jade did you notice in the exhibit that your payment may be reduce by age? Also I do not think this is anywhere near the complete tier agreement. I think Motley just edited it and posted what they wanted people to see. It pathetic. Believe me , thier definition of “extraordinary injury” will probably not math ours.

  26. jade says:

    Justice – Yes, I do believe you are correct in that everything that appears on the Motley Rice website has been edited to serve what the lawyers believe we (victims) might be privy too. Even if it was edited, the remaining data is just horrific in its own content. What a total destruction of human life. It is hard to believe this has happened in this day and time! And, the Judge (whom we thought wanted to steamroll for our benefit) is most likely just urging attorneys and manufacturers to “get over with it”!

    My question to Joe Rice @ Motley – “What is the sound of one hand clapping?”

  27. lightblue says:

    Justice asked two different times if an article was possible. However looks like it was moderated, and removed shortly there after. I wonder why?

  28. lightblue says:

    A women in my town committed suicide after mesh left her permanently incontinent at age 42. Said she would rather be dead then wear an adult diaper. She used to have a full and active life prior to mesh. Lots of people have made money on us not just the lawyers, mesh companies and doctors. You know I think some people that aren’t mesh injured actually promote our stories, draw attention to our cause because it helps the lawyers indirectly put pressure on the mesh companies so they settle. Disappointing. I wish some one would take up our cause now. Lobbyist’s can appear like sheep’s in wolfs clothing. They only promote the agenda of who’s paying them.

  29. readbetweenthelines says:

    My sister has serious mesh erosion problem. She just got a appointment to go to UCLA. I have been trying to find out info for her about this settlement. Sound like you are really disappointed and I can see why. What a shame. Thanks to the mesh injured women who started this site . You must be disgusted after all the hard work you have done to be heard and be fairly compensated for the hell you have gone through only to be used as a means to an end for lawyers to get richer. This Joe Motley looks like a pretty old guy. I wonder if his money will buy him a nicer place in heaven.

  30. readbetweenthelines says:

    Jade I would really like to speak to you or email you. You seem very informed. Do you have a blog?

    • jade says:

      Hi, “readbetweenthelines” – Not anymore or less informed. Just as your handle implies, I just read between the lines. Example: If I find a release or article, I will google certain “connections, people, procedures” mentioned in the story and search these in connection with relevant “mesh terms”. It’s pretty amazing what you can learn as you dig deeper and deeper into the tiers.

  31. Bookworm says:

    What a travesty. I shudder to think what Boston Scientific the jerks who made my mesh will offer their victims. Im not expecting much. Will I ever be able to drive 4 hours to see my father at the VA residential home where he lives without having to pull over half way there to cry from the excruciating pain shooting out of my vagina up and around my hips and lower back and then down my legs? Will I stop having nights when the pain is so bad I have to take sleeping pills just to get a few hours sleep? My husband and I just celebrated our 10th wedding anniversary and six of those years we have not been able to make love. Will we ever? $40,000 is more than an insult. Its so discouraging I just want to sit here and cry.

  32. Sandy says:

    Bookworm I am almost in the same place as you. My husband had a very active sex life and life in general. Now for the last two years we have not had a life. My family lives 150 miles away and after 10 minutes in the car I can not sit. I tried this last weekend and there was no way I could go see her. I stayed home. My pain comes out of my groin across the pelvic area and around to my butt. It is so bad I have to take Valium every night to sleep. I have lost my jobs due to this and my life. Yes I have thought of suicid so I started seeing a counselor— more money I don’t have! I will tell my attorney no to the settlement. He told me I did not have to settle and we could always come to my state and try it here. Unless they give me what I think I should get I will not take it. They have destroyed my life. I challenge everyone of you to write your senators! Do not let this be covered up. Don’t give up sweet heart. I understand how hard and depressing this is believe me! You can always contact me at bruns_sandy@yahoo.com if need to talk. I am trying to find money to go to Arizonia to get help. I think he may be my only hope. At least I have that hope.

    • Barbara Dykes says:

      sandy, I was sad reading your story…We all have our “unique” stories. I was facing retirement and planning to travel with my husband. We have 5 grandchildren . I can’t sit in a car very long. My implant was totally erroded. Had to lay in back of our SUV and be driven to the only Doctor even Close to me….300 miles each way. Had to use estrogen cream 6 months to make my tissue strong enough for surgery. I have always been healthy. I loved my job nursing as a Triage nurse. Even after surgery, I still have cramping and frequent UTIs. It has been a 6-yr nightmare.. J&J Was a company I believed in so much….Starting with my 3 sons baby powder and lotion. I read now they have cancer causing ingredients.J&J cares about one thing only, M O N E Y ! They obviously need to learn a message my mother taught me “do unto others as you would have them do unto you”. Karma will come around sooner or later. Best of luck to you and your loved ones who are also feeling your pain.

      • Carly says:

        Barbara my heart ache for you. I am the same way almost 3 yrs now I have to lay in the back of the car when I go to Dr appt…….that is really the only time I go out cause of pain. I have my pain in the groin and lower back and buttocks BAD!!!!!! This is so sad how we are living. GOOD LUCK.

  33. Maria Garcia says:

    I keep hearing lawyers get 40%? It is 30% if the case is settled out of court and 40% if you go to trial. The MDL cases are not class action and everyone has the right to a trial and refuse the settlement. Judge Goodwin has stated in the past that the defendant better settle if the case is won by the plaintiffs in all the Bellwether trials and the plaintiff better take the settlement. He said if a plaintiff refuses, he would place the case so far down the docket that they will wish they settled. The judge has no legal right to do that and you do get your time in court if you want to reject the settlement. Lawyers don’t want to break from the MDL because the case gets expensive real fast but if your case is strong, they will get you on the docket as usual and you will go to trial. Read this article about “Settling with Thousands – Ethical issues.

    http://www.alston.com/Files/Publication/7e6f151c-ef28-4a1b-80a4-5456eb171ee6/Presentation/PublicationAttachment/ab8f6ee7-ff99-4a10-a208-a19e20e0ce0a/Settling%20with%20Thousands%20-%20Ethical%20Issues%20in%20Mass%20Tort%20Settlements.pdf

    • Jane Akre says:

      Maria- Thank you for commenting. It sounds as though you have some insider information. This is precisely why lawyers need to start answering the growing number of questions surrounding this proposed settlement, so rumors do not fly out of hand and they can control the situation frankly. I do believe each law firm is handling their percentages differently and I have heard as high as 45 percent. Are expenses included in that number or are they extra? This is where your contracts with the law firm should be a source of some of these answers.

    • msm says:

      My contract states that the attorney receives 40% whether the case is settled via trial or a settlement. After the 40% is deducted, all attorney expenses (records, calls, etc.) plus 5% interested will be deducted. After those deductions, all medical expenses will be reimbursed to the insurance companies, hospitals, doctors, etc. The remainder is my net settlement. If I chose to take my case to another attorney for representation, I still must pay the first attorney’s fees. Now if anyone thinks that $40,000 will cover all of that, then they are not living in reality. The judge needs to think about this as well. This settlement will pay the attorneys, the insurance companies and doctors/hospitals but NOT the victim. I know all contracts are not the same. Maybe mine is the worst, but you better check your contact.

  34. sandy says:

    I dont understand where my reply went just disappeared off this blog. I agree that maybe the state bar is where some of the complaints should be directed regarding attorney issues. I guess some things are not allowed to be mentioned on here. This amount is rediculous? What is left after 40% cut to fill the attorneys pockets nothing for pain and suffering, punative damages, contortsiuim offers, never ending medical expenses etc. Not to mention being pawned and rejected by every doctor so they wont be a part of any legal issues and we are stuck without the medical attention we deserve just so doctors can wash their hands of anything mesh related. Every part of my body is affected and organs spleen, gall bladder, bowels, problems with lymphatic issues, neurological issues, inflammation and possible undiagnosed autoimmune responses. I wish this on no one but if it were to happen to one of their loved ones they wouldn’t settle for that little amount.

    • Jane Akre says:

      Sandy- as editor I post everything unless it is obvious spam, even comments that are not helpful. I do draw the line at hateful speech and do not do publish anything that is directed at others in a hateful way.. ~ ja

  35. Sandy says:

    Maria, are you sure about this. My attorney told me that if I did not accept the settlement then we could bring it back to my state to be heard and decided. Judge Goodwin would have nothing to do with it. That is the way I understand it and confirmed with my attorney. I known it could take several years to be heard and was told that also. I guess all we can do is wait for June and July when AMS goes to court and see what happens. No need to get freaked out just yet. I know the hell this has caused in my life and my husbands life. If I was not a fighter I would be dead by now. The pain every day is terrible and yesterday I was told that, if and that is if I get disability I still would not get benefits until September 1st! I have no idea how to make it that long! So Judge Goodwin can do what he wants but unless I walk away with a respectable amount I will not settle. I am not greedy but I need to be able to live my life with a lot less money since I can’t work. They did this to me and they need to pay me for what I and my husband have lost in our life.

    • insultedinwashington says:

      This offer is an insult to those of us who have suffered for years due to their negligence. I am soo glad to have landed here to discover I am not alone in planning to refuse this offer. No jury has awarded anything under a million so why should we have to settle for pennies?

  36. Sandy says:

    Has any one heard about any settlements for the spouses at all.

  37. msm says:

    My contract states that the attorney receives 40% whether the case is settled via trial or a settlement. After the 40% is deducted, all attorney expenses (records, calls, etc.) plus 5% interested will be deducted. After those deductions, all medical expenses will be reimbursed to the insurance companies, hospitals, doctors, etc. The remainder is my net settlement. If I chose to take my case to another attorney for representation, I still must pay the first attorney’s fees. Now if anyone thinks that $40,000 will cover all of that, then they are not living in reality. The judge needs to think about this as well. This settlement will pay the attorneys, the insurance companies and doctors/hospitals but NOT the victim. I know all contracts are not the same. Maybe mine is the worst, but you better check your contact.

  38. Barbara Dykes says:

    johnson and johnson net worth 65 billion

    Endo: Could not find their NET WORTH.

    visut their web site @ http://www.American Medical Solutions There you can access annual reports.TRY to find out NET WORTH.

    Greed knows no bounds….J&J has HUGE net worth and they don’t care about people they have hurt. I doubt their settlements will be worth my 6 years of pain and suffering which continues with cramping long after Explant.

    Band together and refuse that settlement / Your losses are CERTAINLY worth more than $40,000 !!! If they lost their PENIS, HOW MUCH WOULD THAT BE WORTH TO THEM??

  39. Kitty says:

    I did it I wrote a comment to regulation.gov to let them know I am in my 60’s and I wake up every morning to severe menstral cramps–that is after I get a few increments (sometimes 3 hours) of sleep. I had 3 meshs–one was removed One is in and one is gone. and you know the rest

  40. justiceisntjust says:

    Lawyers rates can vary from 33 percent to 40 percent. I find it hard tp believe that Hon. Judge Goodwin would jeopardize his career and reputation by threatening to move a case way down the docket if a women declined to settle. Sounds like an unscrupulous tacktic exercised by attorney looking to make a fast sum of money. Ladies call your local federal court and ask how backed ip the docket is. Ask for the civil dept. Layersnmay try to scare stating tha yt? When you opt out of a settlement and your case goes back to your home district? It will be tied up for 2 or years is inaccurate. I called some of them and was told 2 years

  41. justiceisntjust says:

    Sorry for the messy response above , riding in a bouncy car.Accidently hit send. Local civil dept at Federal Court said that wait is 2 or 2.5 yrs not 5-7 yrs as a lawyer told me?

    I would like to see the article quoting Judge Goodwin as mentioned earlier.

  42. justiceisntjust says:

    The settlement includes spouse.

  43. justiceisntjust says:

    Sandy your right when you opt out, it is sent back to your local Federal court.

  44. Lana Keeton says:

    Be suspect of anonymous “injured woman” “Justiceisntjust” giving advice. Indiviudals who are legitimate give their name and contact info if they are so knowledgeable about YOU and YOUR rights.

  45. msm says:

    READ:

    “Updated 5/6/14

    The following cases have been resolved and their trials (scheduled for June 2, 2014, July 7, 2014, and August 19, 2014) cancelled: Serrano 2:12-cv-03719; Jilovec 2:12-cv-05561; Weiler 2:12-cv-05836; Fontes 2:12-cv-02472; and Najor 2:12-cv-6722. The remaining bellwether in this MDL, Pattison v. AMS, 2:12-cv-7154, remains scheduled for August 19, 2014.”

    This is from the Federal Court MDL site post today. These cases has already been rescheduled 3 times and now cancelled. They must not have waited to see who accepted and who didn’t. So the assumption is that only one case (an exception to the majority I guess) is interested in the outcome of a bellwether. The judge was quoted in several reports as saying he was going to “bulldoze” the cases through the system. I guess he is keeping his promise.

  46. kes says:

    At this point, most of us are guessing but need the truth and would love answers soon. If anyone has them, we’d appreciate a response and possibly a source(s).

    Here are several questions many seem to have:

    If the required percentage of plaintiffs agree to a settlement offer thus putting the settlement and said terms into place, what happens to those who do not accept?

    Is it a guarantee that those who do not believe the settlement offer is in their best interests (and therefore don’t accept the offer) can go to trial and receive a fair trial? If so, how likely is it that the current attorney(s) will represent these plaintiffs in court and not choose to part ways? If dropped, will these plaintiffs be responsible for attorney fees or any costs up to that point?

    Why were women told the representing attorneys would seek compensation for medical expenses, pain and suffering, lost wages, loss of consortium, and more only to be asked to accept a settlement that typically won’t cover these?

    If an attorney chooses to no longer represent a plaintiff/client or the client decides it is best to seek an attorney better able to represent her or put her best interests first, how does this work as far as the filed case and statute of limitation laws are concerned?

    Regarding settlement offers, is the proposed settlement number divided by the number of plaintiffs a base with funds set aside for additional damages? What about those with very high implant-related medical expenses, those who have faced or will face multiple surgeries, those who have faced multiple hospitalizations due to injuries and infections, those with extensive or permanent injuries and disabilities, those who can no longer work, those who are very young with young children at home deeply affected by this, etc.? Some of us are trying to understand the settlement terms and how they came up with these numbers. With women facing such losses, the companies and attorneys, especially the representing attorneys, couldn’t possibly believe anywhere near forty to fifty thousand is fair and just, could they?

    • Jane Akre says:

      Kes- I’ve talked to one settlement attorney and he was very tight lipped about anything. these are delicate negotiations AND they want to preserve their investment,,, hundreds of thousands of dollars in travel, research, expert witnesses,,,, it is grueling to put together a case so it is understandable that they do not want it to be a wash but really they could do a better job talking to their clients. I will keep trying.. Thank you~ ja

  47. K.Wilson says:

    So today I contacted an attorney’s office. I had a monarch sling put in in 2005, I was 40 and last week I had surgery to remove a portion of the sling that was protruding into the vagina. I don’t need to tell you all about the pain/ discomfort. etc. Should I fill out the paperwork and begin with the legal process? I have no desire to pay the insurance company, lawyers and everyone else. Is it work the headache?

    Thanks…

    • Jane Akre says:

      K. it should be done on a contingency so it should not cost you anything… why not hold them accountable?

  48. Kitty says:

    Why are there only 39 out of >50,000 injured women that commented on regulations.gov?

    • Lynn says:

      Kitty, I responded to regulations.gov last night when the count was 39, and it is still 39.

      • Kitty says:

        Lynn thanks for getting back to me I hope you are doing OKJ today and not in too much distress. I had sling removed in January after extusion a couple of years of self cathing. Another mesh remains in me. I wonder if that is the one that is causing my Menstral type cramps—-of course menstral cramps are ridiculous for a 68 year old woman.

  49. msm says:

    This is the link to the 2013 AMS settlement. I can’t see why this one would be much different. Same product, same injuries, just fewer claimants and fewer $$ ($54 million I think).

    http://www.sec.gov/Archives/edgar/data/1100962/000110096213000038/ex10144meshsettlementagree.htm

    If it is similar, take note of this :

    “I.

    WITHDRAWAL OF COUNSEL

    To the extent permitted by the rules of professional conduct in any jurisdiction in which the firm may practice, Claimants Counsel agree to take all necessary steps to disengage and withdraw from the representation of any Claimant who declines a settlement offer under this Master Settlement Agreement or who fails to provide an executed Release. ”

    So find another attorney and move forward on our own, I guess. But you’d still have to pay the first attorney’s expenses.

    Take time to really read this settlement. It answers a lot of questions about how things work. I realize this isn’t the exact settlement, but I’ll bet it will be more similar than different. Why would they change anything?

    • insultedinwashington says:

      I don’t think we would be responsible for attorney fees if they withdraw from our cases for not taking a bad settlement. Also if enough of us refuse the offer the settlement will be withdrawn and we stay in line for the trials. I think AMS is just trying to clear as many of us off the trial board with low dollar payoffs before the juries start awarding us what we really deserve. Can you imagine taking these pennies to end up seeing the AMS Bellwether trials end up with awards like the previous trials? I already know I am not taking the settlement offer and told my attorney and she just keeps pressing like I didn’t say a word.

      • msm says:

        OK. So, they are withdrawing not me firing them. Even if I don’t do what they want, they could withdraw but that’s not my fault so I don’t have to pay. Thanks for pointing that out. I hope they wouldn’t make this so difficult that a client would have to seek another attorney and then have to pay. That would be unethical in my opinion. Afterall, it does say, within the ” rules of professional conduct “. Wonder what those rules are in their jurisdiction. I’m going to stop thinking for now. My brain hurts from trying deciphering legalese! Again, Thanks!

        • insultedinwashington says:

          See my post below on ethics…Lawyers cannot enter into agreements that make them withdraw from clients refusing to accept settlement. If we don’t search and read we will become a mushroom, I don’t like mushrooms. 🙂 Digital age is great for info sharing and knowledge is power!

      • Injured says:

        So this means that if the lawyers withdraw then we have to get another lawyer and re-file our cases? What happens to the statute of limitations then? Our places in line in these trials? Starting from scratch all over again? Unbelievable! Ok, this has just proven that there really isn’t any justice for the injured. The ONLY place on television that you hear about the mesh that has ruined so many lives and families are commercials from lawyers wanting their pockets lined…not really caring about who they are representing as long as they get paid first…grrrrrrrrr just makes me so mad!

  50. pam says:

    Motley & rice was attorneys in tobacco law suit and fought and got billions for people so why aren’t they fighting for mesh women.? What was the attorneys words for his daughter , take responsibility??? women that trusted doctors that lied to them attorney’s not fighting for them damaged for life, trials dragging and no one does anything . WHEN IS THE TRUTH GOING TO BE WROTE, JANE HAS HEARD MORE OF THE SUFFERING OF WOMEN AND HELL THEY HAVE GONE THROUGH MORE THAN ANYONE, BEFORE THESE TRIALS GO ANY FURTHER THE TRUTH NEEDS TO SHOW LIGHTS OF HELL AND PAIN AND SUFFERING OF WOMEN , STORIES IT SEEMS LIKE ARE BEING PROCRASTINATED BEIONG WROTE FOR WHAT BIGGER MONEY, ? a book now would help, attorney’s, doctors and nurses with names and truth told , of women that have not been able to get to doctors hoping to find someone that will talk to them in truth. why wait jane , more money after women are stabbed in the back and only the rich attorneys and doctors and nurses that lied get money for life time of women’s pain and suffering/ Knowing some women have not been damaged as others, and truly some should not have a case/ bet some crooked attorneys and judges will hear these first. over other cases hand picked as they drag this on. medical boards will see nothing wrong with doctors and nurses in states, their colleagues, like the medicare saw nothing wrong with what doctors and nurses lied to me about, and others.

    trust is gone, even with some that speak on this and more web sites. people that for some reason, that someone does not express their self like some, and show more anger. should not be heard , right??? hypocrite women that see their self better than some is what I see. some as vile as they come in mesh cases. clowns and cons belong in prison, there is no better class of liars and people see through their smiling con faces. how many people have others contacted, sen, cong, reps, governors, and more? I haven’t seen anyone tell what they have done to expose those in leadership in america that have done nothing. THESE SHOULD NOT HAVE CASES AT ALL THAT HAVE NOT FOUGHT WITH THOSE IN LEADERSHIP AS i HAVE.

    • Kitty says:

      Pam I believe your idea of a book is very very good this is a posting I made on a previous news item from Jane I know there is fear to speak out for many of us. I understand that J&J Hip injuries are receiving $250,000. per victim. Perhaps many of these are men—however there hips can be re replaced and no further damage–but with us–its permanent disability to those of us that have been permanently injured..

      DON’T BE AFRAID This was a quote from Marty Burns Wolf –a successful News Woman in Milwaukee She was the guest speaker for the All girl’s High School graduating class at St Mary’s Academy in Milwaukee –1987. It’s such a simple phrase and seems so stupid until it really come to life—like now!. DON’T BE AFRAID to go to regulations.gov and make your comment like I finally did this week

      • Kitty says:

        we all need to meet the way jane and the others did Is the Fall too late? Where would a good meeting place be? We can bring our catheters, baby wipes pain pills, pads and briefs. wheel chairs crutches and walkers er al. Lets plan it and do it

        • Jane Akre says:

          Thats a good idea Kitty… the media likes “photo ops” problem or should I say challenge is getting everyone there. How about a mesh bus that goes around the country picking up women…

          • Kitty says:

            Hi Jane I like the idea of the bus. Where would start out and where would we end– I believe it is do able look what you and the others did How did you get into J&J office I will put some thought into it and hopefully others may come up with some ideas. We will give a heads up to media—an e mail letting them know what we up to Lets see what the response is and I could help organize.

  51. insultedinwashington says:

    The American Bar Association has a complete Guide to Ethics in Negotiations. It was an interesting read I would post the link but I lost it. I found this to be most interesting especially section (b). Just a thought to share.

    3.2.3 Avoiding Limitations on Client’s Ultimate Settlement Authority

    A lawyer should not seek the client’s consent to, or enter into, a

    retainer or other agreement that purports to (a) grant the lawyer

    irrevocable authorization to settle; (b) authorize the lawyer to

    withdraw if the client refuses the lawyer’s recommendation to settle;

    (c) require the lawyer’s assent before the client can settle; or (d)

    otherwise attempt to relieve the lawyer of ethical obligations

    respecting settlement. A lawyer may apprise the client in a retainer

    or other agreement of the scope of the lawyer’s right to withdraw or

    take other steps based on the client’s approach to settlement under

    • Jane Akre says:

      What do your individual contracts say?

      • msm says:

        My contract states that the attorney receives 40% whether the case is settled via trial or a settlement. After the 40% is deducted, all attorney expenses (records, calls, etc.) plus 5% interested will be deducted. After those deductions, all medical expenses will be reimbursed to the insurance companies, hospitals, doctors, etc. The remainder is my net settlement. If I chose to take my case to another attorney for representation, I still must pay the first attorney’s fees.

    • msm says:

      Maybe the American Bar Association would be interested in the details of the 2013 settlement. Maybe ethics isn’t binding. How can they get by with this in black and white in the settlement document? Thanks for the link.

      “Claimants Counsel agree to take all necessary steps to disengage and withdraw from the representation of any Claimant who declines a settlement offer under this Master Settlement Agreement or who fails to provide an executed Release. ”

      • insultedinwashington says:

        My guess is that the lawyers let it go so they could get there buck and the victims didn’t have the information. Seriously how many people go and read the ABA ethics rules? Probably not many, but knowledge is power and I want to know what rules they are suppose to follow. And yes from what I have found so far the ethics rules are binding. If that clause is in this settlement agreement you can bet I will point it out, just to throw a rock in the mix. 🙂

  52. msm says:

    Does anyone know someone at CNN, NBC News, 60 Minutes, 20/20, etc? That’s the only way the public will be made aware. Few people read anything anymore. I know they’ve done pieces on bad medical products before.

    • Kitty says:

      I called the Dallas Morning news when I heard about Linda B and J&J The woman that I Spoke with said she never heard about the mesh situation. I informed her there was a trial in her city—nothing ever came of it. I believe a striking E mail or letter would have to be sent—it would have to be graphic and shocking like our disabilities: mesh coming out of the vagina–incontinence of bowel and bladder–sometimes unexpected when we are out and about and dont have a diaper on. Having to stick a catheter in our urethra several times per day. Its so humiliating—just telling you about it It is very hard to talk about how gruesome it is sometimes. Not to mention the cramping and spasms==especially when you get up from sitting in a chair or booth. ——–and the shame of being dependent on pain pills after you have lived an active life-and healthy life.

      • Kitty says:

        Jane I believe we should go to Wash DC I have family there that could help us get to the right place for our meet. Some of us may be able to help the more frail victims on the journey. I hope for some

    • Carly says:

      How about Dr Phil……his wife Robin likes to help women.

  53. Margarita says:

    Has anyone thought that the Endo could run out of money? If they do or file bankruptcy , then what will we do? if they run out of money to pay all of us then no one get paid , what are our options here? Please respond…. I thought about calling the Attorney General as well as the bar association. please contact me back

    • Kitty says:

      Marquita I am up at 230 AM as well–taking somthing for pain–anxiety. It is good that Jane provides this site for us. I It is not fair all of this. I remember when I had my implant in 2002—-everyone was going for this miracle cure–especially the Dr. The RNs in the ER genuflercted when he came into the room. . One never put 2 and 2 together that the back spasms and bowels problems. erosive inflammatory arthritis that developed over the years had anything to do with an eroding mesh. I belierve that Endo would have to pay these claims if they filed bankrupcy==at least the 830 mil

    • Michelle says:

      If Endo runs out of money, so what? Please understand, under these settlement terms you won’t get enough for dinner at Applebees. Ladies, we have NOTHING, quite literally, NOTHING to lose by turning down the settlement, and very much to be gained. Do not panic, stand together. There is strength in numbers, and just as we have been forced to take charge of our health, we must now take charge of our cases! Fight!

  54. Sandy says:

    I think getting together would be good but I’d rather have us all meet maybe closer to the middle of the US. may be some where like Kansas City. I don’t want to miss out on this but I am from SD and can’t make it to Washington DC. I am having issues now getting by current doctor to send medical records to Dr. Hibner. The medical records person gave me so much grief she brought me to tears! Due to all the stress I have developed a heart issues and now I am on Nitro! My chest is hurting! I AM SO SICK OF ALL THE HASSELS AND THE PAIN AND THE BULL SHIT!!!!!! I just want the pain gone and AMS to pay for what they did. Is this their plan to make us all so sick and tired of fighting that we give up?! Or end up dead?!!!!

  55. Sandy says:

    How many times can AMS reschedule thier trials! Now it’s August!

    • msm says:

      They cancelled the trials and named another for August. It shows the June and July cases as “closed”. The one in August must be one of the exceptions that is not included in the settlement. I can’t see how anything was settled without ANY bellwether trials. It’s supposed to be a multi-district litigation not a class action suit where everybody gets the same no matter what. I’m wondering if everyone will get to wait until that trial before the deadline for the settlement. It’s my understanding that 95% have to agree to the settlement. Not sure if that’s really the case.

  56. msm says:

    We have to find a way to get the facts into the living rooms of Americans (without any effort on their part). Washington will do nothing (they’ve proven that). We could request to testify before Congress and even then it will only reach those who watch CSPAN. With exposure and pressure from the major news networks, at least the public would be aware of the unfairness of what they see on the surface as “generous” settlements. It’s hard to sweep things under the rug when the nation knows about it.

    • Kitty says:

      Then it would have to be a sort of flash mob of pelvic mesh injured people with the media being informed that this will occur. Like I said prior–it would have to be as shocking as our injuries We will need to have a spot where it would be convenient for all of us. Perhaps a bus coming East and a Bus coming from the west. We would have to look at Bus schedules and plan from that where people would hop on.

    • justicenotfair says:

      Has any one thought about emailing our President?

  57. Betty says:

    Sandy we live in Iowa so we know the travel part. We have a extra bdroom for anyone that can come to the midwest to help the fight. We all sound like we have alot in commin because Motley & Rice seems to be the prime atty in most that post here and J&J is the worst company in most of the implants, which seems to be most of us ladies. As Jane says we need to unite and fight for what is right from the west coast to the midwest to the east coast. Then maybe we could help the women that live in other parts of the world to get help.If not most of us will DIE alone and broken and our families will never know the truth, THAT IT IS NOT IN OUR HEADS like the doctors first tell us.

    WE WOMEN KNOW OUR BODIES!!!!!

    • Kitty says:

      There is a Dr in Milwaukee that is implanted polypropylene slings. Do you think we could make an appointment and meet with him and find out what is going on with this. This Dr is also a big member of AUGs. It really is kind of scarey to think of doing this and would we cut off our nose to spite our face or could we meet and plan and then make the trip to his office to determine what he is doing. We would come with stories and information about how similar are disabilities are. are and FACTS This Dr is arrogant–we will have to greet him—not showing our anger. Does anyone else have info to where we might gather with our disability gear? Also does any one have the list of J&J and CR Bard litigants–like the one msm listed?

    • lesa says:

      I agree and also as the docter stated yesterday all involved in allowing this on the market should be held responsible. we are humans and feel pain how could the FDA aprove this product.

  58. Betty says:

    Jane i thought our atty were to get the muti lig for only the defect and misinformation to doc and cleints? then we are sent back to our home states for pain and suffering?

  59. insultedinwashington says:

    I have been signed on with my attorney (Levin Simes) now for almost 10 months and my claim has still not been filed with the court. I am included in this newest AMS settlement, not sure how that works when my claim doesn’t even have a case number yet. I am really starting to stress on the statute of limitations, my time is up in June 2014. I am really thinking it is time to find a new attorney.

    • msm says:

      Are you sure? You’ve probably already checked but here’s the link just in case:

      http://www.wvsd.uscourts.gov/mdl2325/caseviewlist.aspx

      Could it be filed under the wrong MDL? Hope you find out. Mine showed after about 30 days.

      My attorney still hasn’t officially contacted me to verify that my case is included. I don’t get why some attorney’s are informing clients and issuing reports while mine is silent. I know he represents a large number of the cases, but you’d think I’d have some official notice besides the generic email basically saying, “Don’t call us. We’ll call you.”

      • insultedinwashington says:

        Yes I check that list at least once a week and still nothing. I think the silence from these attorneys who are suppose to be on our side speaks volumes and none of them are very good. Before my removal surgery I was too sick and too exhausted and in far too much pain to really care or notice; now that I feel human again I am mad and truly aware of how sick I was. I am ready to fight but I feel like I am battling a ghost. The whole thing is frustrating guess I wqill just glue on my happy face and go on another day. 🙂

    • Kitty says:

      Just call your attorney and find out what is going on Dont be afraid!!

  60. Sandy says:

    I use to contact my attorney a lot because I was so stupid how this will all turn out. Now we don’t talk much but then there really is not much to be said right now. However I will email him today and ask him about these cases not going to trial and just being settled with out a trial. MY QUESTION IS THIS HOW HOW HOW CAN THEY OFFER AND PAY SO LITTLE WHEN THE JURIES HAVE AWARD MILLIONS? Can any one explain that to me. I had dreams of more than $5,000.00, which is about what we would get if we took $40,000.00! I thought with a good settlement at least I would not have to worry about losing my home.

    • insultedinwashington says:

      I am right there with you. I wont take the offer. Looking into it I believe it is an ethics issue but if no one fights it then it goes on unchecked. I have sent my questions to my attorney but for some reason I am not getting a response…hmmm. Kinda makes you wonder what is really going on.

  61. Sandy says:

    Betty, thanks for reaching out. Why won’t TV stations put this on the air! I can’t even ride into the city any more due to pain. PAIN I NEVER HAD BEFORE THIS! My husband are fighting because he wants to go see our son in Wichita but I can’t ride that far anymore. They have destroyed my life! How will anyone ever make this fair to me? I am trying to get to Dr.Hibner but every thing takes so much time! I can not live this way the rest of my life. THAT IS WHO WE NEED TO TALK TO!!!!

    Jane have you ever tried to talk to Dr. Hibner? If you look at his web site he says he is a mesh injury specialist. Now answer me this, if there was not a problem with meshes why would we need a specialist to treat the injuries they cause. He also states it is not in women’s heads! Thank God a doctor that is not afraid to state the truth! Maybe we should see if he would help to get the TV stations to say something about this holocaust of women. I just feel so hopeless. The amount if money it would take to make sure I am paid for all I have suffered and all i have lost is something I don’t think I will ever get. How do we live from here on out??????

  62. msm says:

    This attorney is from Florida but it should still apply in principle. Shouldn’t it? Anyone asked about the “bottom line”?

    “Most lawyers will have a face-to-face meeting with their clients prior to mediation to discuss what mediation entails and to get authority to settle your case for a certain amount. It is important that your attorney knows your “bottom line” settlement number before mediation. Sometimes he will have you sign a written authorization allowing him to accept any settlement offer at or above the amount you tell him. This is to avoid any miscommunication about how much money you will settle for before he begins negotiating at mediation.”

    There’s some interesting info here:

    http://www.idonotwanttobeyourlawyer.com/mediation-advice-for-personal-injury-plaintiffs/

  63. Sandy says:

    I am right with you insulted, I have sent emails and letters to my attorney too but I am getting no response. I thought they had an obligation to keep you informed and respond to your inquiries. I too wonder what is going on. I guess the next thing is to call and find out!

  64. v. alexander says:

    My original attorney (who referring me to Motley Rice) is livid over this proposed settlement. The advice he gave to me is to hold Motley Rice accountable and to report them to the bar association for lack of adequate communication and to counter sue for not upholding the client’s best interests. Note: I have yet to be contacted by my Motley Rice attorney, 11 days after receiving a blanket email that said I would be contacted in “a few days” with more details, although a press release was posted on April 30 to the public by….Motley Rice.

  65. Sandy says:

    So v. Alexander, does your past attorney feel this settlement is way to little. I have asked my attorney several times what he thinks this case is worth and he is not really said an amount. I am sure he may not know but does any one know of any body who has stated an amount or is this just so messed up that no one knows. My ore fear is that AMS — my demon will go bankrupt and that is why people are taking what they can get. Any help guys

    • msm says:

      AMS is owned by Endo. The Securities and Exchange Commission oversees the financial standings. Endo is not going to claim bankruptcy.

      • msm says:

        I read an article from 2012 last night that concerned financial projections for major companies. The author predicted that mesh plaintiffs would receive $250,000. That was based on the 4 billion dollar Depuy settlement. The problem is that mesh was never recalled. The Depuy hip replacements were. The Depuy suit was also only 7000 cases and all plaintiffs had to have the hip implant replaced. For us, we have 50,000 plaintiffs many of whom will not have surgery, some will have multiple surgeries, some will have pain and disfunction forever, and unfortunately there are some who have had good outcomes but have been talked into filing a case by unscrupulous attorneys and some who will not be able to provide any records showing problems with the mesh when the time comes to submit them because they dont exist. There are also those who fear they will have problems later (valid fear!)

        This is the largest MDL for a medical device in history and is presenting problems because of the wide range of injuries and for different configurations, uses, and brands of mesh. If all cases remain together, no one will get what they deserve for the level of suffering they have endured. Thats just my frustrated opinion and I apologize if I offended anyone.

        • Kitty says:

          regulations.gov has 66 comments I just cant believe there are not more comments on the site. Perhaps people do not know of this——especially if they don’t visit Jane’s web site. I believe the Linda Baiste vs J&J trial found that the mesh was defective– How did they find out about the problems with the hip? Ir seems The only person that is fighting to help us is Jane A and company. Remember with OJ? and other people like Scott Peterson that had legal problems? You heard their lawyers fighting for them all the time. Thank you Jane for what you are doing for us.

        • Kitty says:

          msm you are right in stating that and if someone takes offense that is their problem. I am sending my attorney an email to have her look at this web site, Maybe she wiill glean something from it

          • msm says:

            Depuy had hundreds of orthopedic surgeons advocating for the plaintiffs. Xrays were definitive in most cases. Some also had metallosis from the breakdown of the materials. That was measured by blood tests and was indisputable.

            In our case, surgeons can do hundreds of mesh cases for a lot of money. Using a fascial sling takes twice as long for a similar fee. Because only 15% (estimated),fail or erode,perforate,or become infected and have to be removed, there aren’t many docs with enough compasion and high enough ethics to step up and give the hours of time out of their practices necessary for depositions, etc. But in my opinion, we should put the docs, judge,manufacturers, and attorneys in room with 100 women and select 15 of themto be injured by mesh.There’s the 15%. Doesn’t seem like an insignificant number when you look them in the eye before they operate.How does the FDA consider anything under 20% is insignificant? Sorry. I’M RANTING AGAIN!

            I haven’t heard any suspicions concerning kickbacks from the manufacturers to the surgeons. That wouls serve as an incentive now. Wouldn’t it? AMS is already being sued by some states for overcharging fof mesh.

    • Michelle says:

      Sandy, even if they DID go bankrupt (which is highly unlikely) you have nothing to lose because if you accept this settlement, you quite literally gain nothing anyway. If you refuse it, you have a chance, even if it is slim, that you might receive something besides a slap in the face.

  66. msm says:

    I just realized that Motley Rice is the only firm of the major firms involved that has advertised the settlement in the press. The others remain silent even though they have thousands of clients involved. hmmmmmm….. seems odd.

    • Kitty says:

      msm————I heard there is a test for heavy metal toxicity—but actually is polypropylene a metal?. I will see my Dr next week and see if there is–how much the cost et al. Are the 60,000 women the 20%? I think the settlements willl probably come in tiers of injury and suffering, I believe they will all erode if left in long enough—mine did. It’s rather sinister and discusting that even now the AUGs people know the propensity for erosion–but make no big deal about it–and advocate for polypropylene msm—You have an idea about implanting them with mesh to hold up their sagging scrotum—can you imagine that?

      • msm says:

        No the metallosis refers to the metal-on-metal hip replacements. We don’t have a definitive non-invasive test. Thats what made the Depuy case easier to settle.

      • msm says:

        The percentage is from the controlled studies the FDA required. I’ll see if I can find the actual percentage. The study was only required to look at one year post-op. What a joke.

        • msm says:

          Multiple studies involving different products, different surgeons, etc. showed extrusion/erosion rates at 3.8% to 20% after studies ranging from 6 to 17 months.

          • Kitty says:

            msm—I got a hold of my attorney and the best she could tell me was to see my Dr with all my medical concerns. She is aware of the web site and the settlements. I really can’t see how AMS/Endo would give a woman that has >$100,000 in medical expenses related to mesh ——$40,000. I wonder if they all had surgery They probably put all the money in a pot—and it will be dished out accordingly. It seems I read an entry by someone that suggested reporting them to the Bar. How could an attorney get more than their client? Anyway I appreciated your information regarding the hip implant–somehow or other more studies need to be done Still only 66 coments on regulation,gov.

  67. Kitty says:

    Jane =======WENT TO regulations.gov COULD NOT FIND THE SITE FOR TRANSVAGINAL MESH TO HIGH RISK WHAT IS GOING ON !! PLEASE ADVISE THIS IS VERY WEIRD BECAUSE IT USUALLY COMES UP READILY

    very scarey

    • Kitty says:

      I spoke with Jane and she is able to get on 74 commented. For some reason or other I am not able to get acess on my pc.

  68. Deanie says:

    are we worthless to expect us to just sit by and except what joe thinks our suffering is worth would be stupid on our part. just add a zero or two to the settlement and just maybe you have a settlement.

  69. deanie says:

    If all us women stick together and do NOT EXCEPT THIS OFFER THEY CAN NOT GO THROUGH WITH THE SETTLEMENT!!!!!!!!!SAY NO SAY NO SAY NO SAY NO

    LET’S FIGHT FOR THIS AND GET WHAT WE ALL DESERVE

  70. msm says:

    The one remaining bellwether trial which was scheduled for August 19th has now been continued in definitely. However, pretrial settlement conferences will take place. This must be for those “exceptions” to the frst settlement. Who knows? My attorney wont communicate. I guess AMS may get away without ever letting us see what a jury for a bellwether in this MDL would decide. Guess thats easiest for the judge, lawyers, and AMS. Plaintiffs dont matter in the legal system. Or is it just women who dont matter. How can this be allowed in this country?

  71. J. Lafata says:

    I just found this today. I am a Motley Rice client and have received the emails. I just had my 5th surgery that I am still on bedrest for, and looking at another surgery in the near future due to adhesion’s caused from the previous surgeries from the mesh, which was removed in 2010. I’m not happy at all to be reading all of this. I have emailed Jade at Motley Rice with a link to this article and comments. I have also sent the ABA an email about the ethical issues since none of us were consulted about these negotiations. I’m a paralegal, though I haven’t been able to work with all of this going on, but I’m good at doing research and nothing but time on my hands right now. I am very interested in getting our voices heard on this. Any on have any ideas, my email is jenlafata@gmail.com

  72. kim says:

    Help I am a tvm recipient and i have davis and crump law firm. I recieved my e-mail but no more word on when and i have a lot of complications from the tvm. I am reading all of these articles on the settlement amount and i have also been reading all of these comments. Can the offer be refused 40,000.00 will never cover all of the expense and SURELY not the pain and suffering that I have endured over the last few years and I WILL NOT ACCEPT this as I have been hearing are a slap in all of our faces,IT IS NOT FAIR NOR RIGHT I hope this is not the case but all I can do is still just keep sitting back and waiting. But as I asked can I REFUSE the offer without consequences and be denied what I am entitled to.HELP PLEASE

    • Jane Akre says:

      Kim- I do not believe your law firm is one of the four that has agreed to settle their cases…This is not legal advice just from what I’ve read so far…. Remember the $40,000 is very much an average and does not mean that is what everyone will receive… There are tiers of injury which will receive compensation — although how do you put a dollar amount on any degree of injury? Please keep us updated on your situation…

      • pam says:

        WRONG JANE! davis and crump are tied very close to motley and rice, . In the south they made the advertisments on tv, and sent clients to motley and rice. The way they have treated clients, putting them through more suffering, shows that they knew they were not going to represent some in mesh , just used them, knowing as they said they did not care what doctors and nurses and anyone else was doing to women. THE JUDGES NEED TO KNOW THIS, OR IS THIS TOO GOING TO BE KEPT FROM COURT ROOMS? SO THAT ONLY THE ONES THEY CHOOSE IN STATE AND FEDERAL COURTS GET COMPENSATED.

        ALSO, WHY SOME LOCAL COURTS, SO CORRUPT ALSO KNOW , 1 woman especially , and another one, that lied to me about doctor that tried to remove my mesh, lied to me, a most vile and evil woman , when I confronted her about who her friend was that the doctor she told me about, SHE LIED AND SAID i DON’T KNOW WHAT YOU ARE TALKING ABOUT, i called her a liar, JANE , CAN YOU TEST A SHEET OF PAPER , THAT WAS USED TO PRINT OUT DR.’S NAME AND ADDRESS AND MORE, THAT WAS PRINTED AT A COURT HOUSE PRINTER, GOES TO SHOW HOW PEOPLE ABUSE THEIR POSITIONS OF POWER AND LIE. MORE TO THIS. i AM SO SORRY i TRUSTED HER, MORE TO THIS, THAT GETS DEEPER, TRUST??? JANE , WOULD YOU?

    • Michelle says:

      Kim,

      Yes you can refuse the offer, and all should. After attorneys and insurance there won’t be enough to buy dinner at Applebees. Do not worry about missing out on your share, because frankly, your share right now is zero. You have nothing to lose by refusing to agree, but a chance to gain at least SOMETHING if you refuse this.

      Also, other companies, like Boston Scientific, are watching to see what happens. If J&J victims accept this, the rest of us will be lowballed as well. Don’t sell out fellow victims for a pittance. Stand your ground- together we can make a difference!

  73. Jane Akre says:

    Kenny- First of all I’m so sorry about your mother. Did the death certificate mention mesh? I would be curious. Many docs say mesh should be used no where near the bowel for just this reason.. Please contact me privately thank you.. janeakre@meshnewsdesk.com

  74. stopmeshimplants says:

    I am so sorry for your loss. That is tragic news. I appreciate your coming here to share your mom’s story. You must know firsthand the struggles we have with our pain, and the hoops we are jumping through to get the word out about mesh. You and your family are in my thoughts and prayers. So sad……

  75. deanie says:

    I would like to know if this has happened to any of you women who have had the mesh removed. I went to the university of Michigan hospital where I had the mesh removed and explained all my concerns with my pain and concerns of how my body feels. I explained to the surgeon that I have had no sexual relations with my husband in over a year because of the pain it brings. Her answer to me was that I need to realize at my age which is 60 years old that sex drive can be taken away even though I told her I was very sexual before the mesh was

    put in me. She ended up examining me and said nothing was wrong and that I was having muscle spams in the vagina and wrote me a prescription for valium pills that I need to insert into the vagina to relax my muscles and made me appointment with a physical therapist for vaginal pain and how to control this problem.

    I drove 4 hours to hear all of this and once again felt once these doctors do there job they are through with you and don’t care anymore about how you feel. Another issue I have is that I was told from the attorney’s office that the settlement is going to be based on how operations you have has after the mesh was placed. That every time I had to go into the Doctor’s office to have the mesh clipped that that was not considered a surgery and the pain that I went through in his office basically was not going to be part of the settlement. Please let me know if any of this has happened to you.

  76. Sandy says:

    Carly sorry I did not see your comment before about getting ahold of each other here is my email, bruns_sandy@yahoo.com. I would happy to be your mesh suffer friend:)

    On another note there is MORE THAN ONE SANDY OUT HERE. the post from June 18, 2014 is not this Sandy. I just have to make that clear. Since I have a new attorney he wants me to refrain as much as I can from posting out here for now. I am here for you guys, I pray daily for all of us. I will let you know however, how things go in Phoenix. Please pray for me too. Your mesh sister.

  77. msm says:

    Court just approved “Escrow Agreements” for the settlement in MDL 2325. Applies only to clients represented by Motley Rice, LLC

    http://www.wvsd.uscourts.gov/MDL/amsinc/pdfs/PTO_184.pdf

    and Blasingame, Burch, Garrard & Ashley P.C.

    http://www.wvsd.uscourts.gov/MDL/amsinc/pdfs/PTO_183.pdf

    Haven’t heard a word from attorney. Anybody else?

  78. msm says:

    Over 60 days and no notice if my case is involved and , if not, what is the status. Does it remain in MDL? Goes it go back to the state? Am I still represented? Would be nice to know.

  79. Pat says:

    Ok ladies I am a chemist and have mesh implants three to be exact. All AMS products that are no longer sold in the United States. Polypropylene was first developed in the 1950s as a thermoplastic polymer resin of propylene and is made from petroleum(OIL). Polypropylene is a chemical that is used to make plastic garbage bags. It breaks done in the body . The effects of the breakdown byproducts have not been studied and are not being studied now. No research is being done on mesh implants. Women have no standing in this country unless we band together we will all lose. My law firm joined in the settlement after it started, just a get rich scheme for the law firm my needs are not being considered. I have had two revision surgeries. The surgeons refused to remove all of the mesh. I am in more pain now. I have lost my job because I can’t concentrate because of the pain. Not one of my doctors will admit the pain is from the mesh. I have been diagnosed with unspecified pelvic pain. The doctors and the lawyers are to blame for this mess it is time we held them all accountable.

    • Jane Akre says:

      Pat don’t you believe the mesh manufacturers should be help responsible which is the focus of product liability lawsuits? Perhaps with your background as a chemist you can help others who are digging into the various additives to the polymer, treatments, adjuvants etc? Your help would be needed and appreciated. You may look at Links on Mesh, a Facebook page, to see what one amazing researcher has uncovered… Thank you! Please don’t hesitate to get in touch if you want to to talk further.

      • pat says:

        Yes the manufacturers should be held responsible for the mesh. But the doctor(implanted mesh for ten years before I was implanted) who implanted the mesh knowing the side effects and never disclosed them to their patients, need to be held accountable too. I will NOT accept a settlement that does not pay for the removal of the mesh and AMS HAS TO ADMIT WRONG DOING. I will not ever settle just because my lawyer sold out for a quick pay off. I blame the doctors for telling me to learn to live with it the pain, telling me it isn’t that bad. I want them to have to live with pain 24/7. Not being able to get more than a couple hours sleep before the pain wakes them up.

      • pat says:

        Jane,

        Had confrontation with my lawyer after my husband left them an email of his opinion of their handling of our case. They fear the internet and you. If we stand together against this settlement we will be better off. I have lost my job because I can no longer work with the constant pain. The doctors will not admit the mesh is the problem. I had to file for social security disability. I am using another law firm. They know how to fill out the paperwork and know what to say and I knew if they took my case they would only take it if they could win. Please let the others know that SS is hard to get but a good lawyer will get it done for them. The biggest problem I have is the memory loss due to the medication and constant pain. I could not fill out the paper work for SS by myself. I could not understand the questions. If I am lucky I get four hours of sleep a night. The pressure of the mess on my bladder gets me up every hour on the hour. I have to take strong sleeping pills to get the few hours of sleep that I do get. They leave me feeling groggy and hungover. I only use them every few days for fear of becoming addicted. I spend most of my days tired beyond belief and in pain. The mesh causes fatigue the medicine causes more fatigue I can’t win for losing. When I did the calculations on the payout it is 50% for lawyers and fees, 25% goes to insurance companies ,then unpaid medical bills that leaves nothing for me and will not pay off all of the unpaid medical bills.Either way I get nothing, Not going to settle for nothing. If I am going to get nothing my lawyer is going to get nothing. I still think there are other lawyers out there willing to fight for us we just have to find them after the dust has settled. Keep up the fight Jane you are our hope. Thank you for doing this for us.

        • linda says:

          My lawyer never said anything about reimbursing health insurance. If they never asked me for statements on how much my health insurance paid, how can they negotiate an amount? Do you know if insurance expects reimbursement for the initial surgery when the mesh was implanted? I would think not, because subrogations refers to amounts paid on behalf of the victim for treatments for the injuries cause by the mesh. Our injuries did not take place until after the first surgery, so I am hoping it is only for my corrective and then removal surgeries.

          • pat says:

            They don’t need your statements they have your insurance company name from the doctors and hospital bills. The insurance company will be paid before you see anything.

  80. Michelle says:

    We have nothing to lose by refusing to sign ridiculous settlements. So what if you end up wih nothing? Because as it stands, you will get NOTHING anyway.

    iF we stand together to say NO, then we at least have a chance. Don’t be foolish enough to agree to this, there is ZERO incentive to do so!

  81. Virgo says:

    I just had my lawyer contact me and ask me to give a verbal conformation over the phone for my name to be placed on this”grid.” I asked how long I could take to decide. She told me by end of the day. It was 1 pm when she called. I was flabbergasted. I have had a total of 7 surgeries and still have issues. I was diagnosed with fibromyalgia 2 years ago. I strongly suspect that sometime in the future there will be some connection to the chronic pain and the mesh. I have had 3 different companies’ mesh inserted. I feel so alone in this. I hope that someone with greater IT knowledge than myself would set up a website for clients like myself to sign a petition that we will not settle this $830m case with AMS. I don’t feel like my lawyer knows this has affected the rest of my life. She told me on the phone call about all of her sleepless nights because of fear that AMS would file bankruptcy before settlement. Their earning for 2013 was $2.6billion. In December of 2013, AMS got clearance from the FDA to start marketing a new sling. This doesn’t sound like a company that is going bankrupt. I have no concept of how many women are out there who don’t think this is enough. Any ideas on how to find out?

    • Jane Akre says:

      Hi Virgo… soon enough we will see what people are being offered and how many will sign on. Generally there needs to be about 95% agreeing for it to go through…..They go the Kugel mesh settlement to go through even though it offered very little to many people who were seriously injured. No one should be counting on a huge payday because that likely will not happen and there is no price that would be adequate to compensate you for your good health.

  82. Anna Cantu says:

    I got my letter today from Harrison, Davis, Steakley and Morrison. I am crying my eyes out simply because I know that my case should be worth more than the 40K which won’t even cover my expenses after 3 surgeries. Yes, I still have the SPARC implant, but only because it is so eroded that I am scared to let them cut it out and the doctors have said it would be more harmful to remove than helpful. So, if and when I decide to do it, I will once again run up major bills. I simply can’t accept this lowball offer.

    What are people doing that are in the same situation? Do we say NO! I would rather be broke than line the pockets of lawyers who didn’t care enough to fight for me!

    • msm says:

      90 days since media announced “settlement” reached. I still haven’t received anything but group emails and a poorly copied letter. Each essentially saying that they are working so don’t call them because they’re busy. 2 years with this attorney and this is how I’m treated. They want 40% ? For what and of what?

      Anna,

      I had no choice but to have as much removed as possible because of extrusion and to try to control infection. Now I have problems because of migration of the remaining mesh. So what’s the choice? Don’t have it removed and have infection spread or have most removed and have it migrate? Women are going to suffer the effects of mesh for life.

  83. Anna Cantu says:

    I think I am even more confused with this AMS/ENDO settlement than ever! I have read and re-read my letter from my lawyer *not the original lawyer I began with, but one of the many big firms that took over this MDL situation-My letter states that settlement depends on each individual case. I have had 2 revision surgeries-both doctors stated they could not remove mesh due to intrusion and tissue damage, but they “repaired” it. I know that one day I am going to either die of this or end up having it removed as much as possible. I think I got one of the worst ones-The SPARC sling.

    I can’t settle for a small amount knowing that I will suffer for many more years. I have dealt with this since 2006 and I started seeing a doctor for the pain 6 months later, so I know that it is a real thing! We have to get the courts and the lawyers to listen to us and fight!

  84. msm says:

    AMS ? That’s way below the $830. Wonder if that’s just for your firm. I also wonder if that is before or after the payback to the insurance companies. Plus, if your attorney wasn’t one of the ones leading everything for the MDL, there will be an assessment into a fund to pay those attorneys for their extra work. The Special Master has to be paid. I’m sure it comes out of plaintiffs settlements as well. Did it say? When are you to expecting a get the final offer?

    It’s a sad, sad, situation. Especially if $43,000 is top for the most severely injured. There is a resolution framework document at the link below that will help you understand the “formula” for the tiered settlement:

    http://www.motleyrice.com/files/medical-devices/exhibit_a.pdf

  85. msm says:

    Kenny,

    I am truly sad for the loss of your mom. I lost mine to cancer when I was 19. Although it has been a long time. I remember the devastation. In my opinion, your case is one that shouldn’t settle but needs to be tried on its own merit. I hope you have spoken directly to your attorney (not a paralegal) . In my opinion, no amount will ever be enough for your loss but you deserve to receive millions and to live the life she would wish for you. Again, I am truly sorry for your loss.

  86. Shirley says:

    I received the same letter from my lawyer. 43,000.00 is not much money for the years I suffer with the mesh. The last letter I received was in July. I haven’t heard anything use. But, it could take up to one more year.

  87. Anna Cantu says:

    I received that framework from my lawyer as well, but I have already said that I will not take 40K. I will not make the lawyers rich while I get poorer. I have medical bills out the wazoo, but I will file bankruptcy or something before I say that this is ok.

    The way it was explained to me is that they will get a certain amount and then the law firms will determine according to the scale, weighing every situation individually. I hope this is the truth. Some may qualify for as much as 400K down to 0 for those who really don’t have any proof of damage or any revision surgeries.

  88. insultedinwashington says:

    I have received my preliminary offer on the settlement and I am refusing it. I would love to share it with you all here but it states that I am not allowed to discuss it with anyone including friends and/or family members. Who the hell do they think they are??? I will discuss it with anyone I chose especially in my family. When the final papers are signed I will post the offer online, it is a pathetic insult to the suffering we have been through.

  89. Anna Cantu says:

    May I ask which law firm did you have that offered you a dollar amount already? I haven’t heard any more from my firm but I am sure I will refuse it. I can’t be in debt with dr. bills more than I am already and I refuse to make them richer for putting me in that condition!

    Is there any reciprocity with hiring another firm? Will anyone take us??

  90. Dorothy says:

    Hello

    First of all,,,, Insulted in Washington we must have the same law firm as me……Yes the off handed threats

    they have made. They offered me the lowest possible amount and said I was lucky to get the offer. I

    have 2 mesh implants (vaginal and bladder). My bladder is still prolapsed and I have bowel Problems.

    I have many medical issues and my lungs cannot with stand another surgery. Yes I told the attorney’s this

    and they just keep telling me how lucky I am. It is not close to $40,000. How can these attorneys get by

    with this. These women working for these firms should be ashamed of themselves for throwing us

    under the bus……..They do not get it. My life is in jeopardy if I have surgery.

    • Jane Akre says:

      Dorothy- I would hope the law firm has all of the details of your condition in writing so they fully understand the life you now have. Please make sure they are well informed and perhaps you can appeal the settlement amount. Are you still able to keep alive your case against the other mesh maker? ~ ja

  91. msm says:

    There is a new pre-trial order in MDL 2325 (PTO # 189) filed 10/14/2014. It sets up a settlement fund for the firm of Audet & Partners LLP. I wonder if the latest $400 million in AMS settlement funds was negotiated by and for the plaintiffs of that firm only. Unless they have 10,000 clients, then they made out a lot better than those who have Blasingame, Levin, or Rice who were the only firms involved in the $830 million settlement.

  92. need to know says:

    We have options you do not have to accept the settlement if it is too low.

    follow this link it tells you about your options and your rights. Your lawyer cannot force you to take a low offer.

    http://www.stopmesh.com/the-95/

  93. Anna Cantu says:

    Has anyone seen any movement on the AMS settlements?

    • mom says:

      I heard only a small portion of all the cases have been settled and negotiations are still on-going for different groups with different injuries. I do not know details of what these groups are. $1.6 billion is only what Endo has reported to the SEC as having been “set aside” for litigation to include Endo’s expenses related to the whole MDL. In other words, there is no requirement that they actually pay out $1.6 billion and negotiations are on-going according to the parameters agreed upon and approved by the court. There is also a chance that the total Endo pays out could increase again. So far it went from $830 million to $1.2 billion to $1.6 billion in 6 months. Just FYI, there have been hundreds of new cases filed in October alone. Ask your lawyer what’s up. Ultimately, it is up to them to fight for a “decent” settlement and up to you if you choose to accept it.

      • Jane Akre says:

        I don’t believe any of these are decent settlements for the most injured. That’s my opinion based on the degree of injury and medical attention that will be needed in the future.

  94. Anonymous says:

    I hope this helps someone. I posted this in another thread, but this time I will not put the link as I do not want it to appear I am pushing/promoting a certain law suit lender of money, place. I am NOT promoting anything. But wish to share this info. It seems this puts somewhat of a guess of a dollar figure on the TIERS of settlement. Yet I am confused… People are actually getting settlements, even if they have not had removal/revision surgery? I was told by my attorney that they were not accepting any TVT mesh case, unless you had mesh removal surgery. INTERESTING TOPIC, as the ones with mesh with no surgical removal of mesh could suffer in the future? So WHAT are the TIERS? TIER ONE:DEATH TIER TWO REMOVAL revision surgery? Is there a Tier three of non removal of mesh? WHAT ARE THE TIERS?

    I hope this is the correct thread. Regarding the reported settlements where there was wide speculation each person was estimated in public to get $43,000. I found the following.

    Begin Quoted Article

    “According to Endo, they settled nearly all of the remaining U.S. lawsuits against their Perigee, Apogee, and Elevate mesh implants. While the current deal settles over 10k lawsuits, Endo had agreed to pay approximately $830 million earlier this year to settle an additional 20k suits. Both deals have average mesh settlement amounts or mesh settlement values in the $40K to $50K range, though many cases with serious complications and revision surgeries are expected to be awarded much more -as much as $400K in some cases- according to Legal-Bay’s sources close to the litigation. The settlement was announced after the U.S. FDA stated the vaginal mesh inserts needed stricter safety requirements as they are high-risk devices. Endo paid $54.5 million to resolve an undisclosed number of suits of their devices in June of 2013, and now the company has agreed to pay nearly $1.3 billion to resolve the most recent settlement of lawsuits. ”

    End Quoted Article

    • msm says:

      A caution about the above article:

      Legal Bay is a settlement funding source. Make sure you understand what settlement funding is before contacting a company for “funding”.

      http://www.nolo.com/legal-encyclopedia/lawsuit-loans.html

      Articles suggesting settlement discussions and projected amounts are an enticement to those struggling to sign over part of a future settlement plus interest. While not technically a loan, it is VERY similar.

  95. Shelby says:

    My wife had the mesh and 6 years later it’s left me heartbroken and broke I had my own business back before the mesh it came and now I have no business or even a job I can deal with that but I can’t deal with losing her it’s torn us apart . My sons 23 & 17 don’t understand how it’s torn me apart where I don’t think I will ever be any good for them my Kelly or myself. I am 51 and have been with my wife since I was 18. I had it all money 2 kids that respected me and a good wife the mesh has taken it all now don’t know how much longer I can go on been married since 1987 it’s 2015 now . I thought I would grow old with Kelly but she doesn’t understand that I needed to be wanted when that was gone I didn’t fight to keep everything and all I ever wanted in life was her . We where the ones that where happy and going to make it . All over a little pee . I did not mind that at all wish she would pee on me again I was happy back then she still pee’s just not on me. Kelly will always be my life’s love but we have lost it . I don’t see her spark anymore and can’t deal with that . Not the same person anymore 5 years ago I looked like I was in my 30’s now I look like I am in my 60’s my best years never came because of the mesh . Lost Love kills . Shelby

  96. Tia says:

    I have a mesh implant. It was done in 2009. I have been suffering this whole time. I haven’t been able to get the doctors to look at my mesh until this week. I too am having problems. I have retained Bailey Peavy and Bailey. Are they good? Will they fight for me? Is there anyone else that would be a better fit? Thank you in advance

    • Jane Akre says:

      You have signed papers? Then you have retained them. What manufacturer and type of mesh implant do you have? click on executive committee of each MDL to see who the lawyers are specializing in that area. Very few, however, have worked up cases for trial, which may or may not be important to you.

      http://www.wvsd.uscourts.gov/

  97. kit says:

    I have been in the hands of a law firm for six years for the 7 surgeries I’ve had involving pelvic mesh, including the mesh implanted for SUI and then a second surgery for POP that was caused by the mesh implanted in the first surgery. The second surgery required me to have a total abdominal hysterectomy to repair the POP, as well as more implanted mesh to hold everything back together.

    I’ve been strung along for 6 years while the firm waits for AMS to get to the table, and I was thrilled when I read that AMS put a settlement fund together of 1.6 BILLION. Now that sounded like a settlement with teeth! I thought my difficult patience was going to pay off.

    AMS further and most recently told me that the special master had deemed my injuries as “extraordinary” – the highest tier. “Great”, I thought, “I’ll surely get a great settlement!”.

    I have 2 products in my body – one is the AMS implant screws, and the mesh itself is made by Bard, a settlement with which is in process. I thought between my damages caused by both the AMS and Bard products I’d be looking at at a settlement of at least a million dollars – how could it not, given the “extraordinary injuries” I’ve suffered from these products?

    My firm told me I would “have a check in hand by the end of the (2016) year”. True to their word, I received my settlement offer for the AMS product last week (mid-November 2016).

    The offer was for $9,000.00.

    I still have not pulled my jaw off the table. I am NOT accepting this offer. I am sending the forms back to the special master for review. I contacted my firm and they tell me that because the only AMS products I have in my body are the screws used to implant and secure the Bard meshes, I am getting an “implant only” tier award – the lowest tier. Well, from where I stand, it seems the AMS implant device itself failed bc otherwise how would the Bard mesh have been set loose to migrate, bunch up, and cause the erosions and surgical explants I had to suffer, and painful scarring (as well as continued UI)? It is simply outrageous.

    LADIES – as said by others here – DO NOT SETTLE. This board is essential for women suffering these damages and then slapped across the face by these outrageous and insulting offers. I have contacted some local personal injury firms to take my case, telling them that I am willing to go to trial. After all – if my injuries are “extraordinary”, that seems a pretty good bet to go to trial! I am looking for a highly aggressive litigation firm that will take my case. Wish me luck…

    I am sickened but empowered. Yes, I will forfeit that measly $9K – I would even reject the $40K I see so many women cite in this forum – to pay for some justice. $9K is a small price to pay to get this right. Besides, $9K will be $0K for me once all the fees and other BS is deducted. Million$$ for the law firms, courtesy of our pain and suffering. Zero for us. Pitiful.

    • Jane Akre says:

      I am so sorry…. that is shocking. No one would blame you for turning down a settlement that offers you no dollars after legal fees are paid AND prevents you from speaking out about the settlement. Will your law firm take you the next step? Will they continue to represent you? I certainly hope they step up and do the right thing. Thank you for sharing that story. You express yourself well and many others will be inspired by your strength and conviction.

      • kitt says:

        thanks.

        yes, I am in process with my firm and consulted with another lawyer specializing in these cases (who advised me to do this and take it as far as I can with them before pulling the plug).

        I told them today I am not accepting this outrageous settlement and they gave me a date/time for a consult with my lawyer. this is so craaaazy!

  98. Dawn says:

    Do you know of any other attorney that will take my case after the drop me because I won’t agree to their ridiculous settlement amount. That’s what they told would happen and that I would still owe them 40% and they would put a lien on any settlement that I might get. Is any of this true and what bar Association would I call the law firm that’s trying to screw me is out of Texas. Would that be the bar association I would call???

    • Jane Akre says:

      That’s a new threat tactic I hadn’t heard, you would owe them 40%if they drop you? Hummm…. Do you have a strong case? Would someone else like it? Have you had several revisions putting you in the upper tier of injury? Doe syour law firm have all of your medical files? Have they gone back from a second attempt? Write me if you want janeakre@meshnewsdesk.com I’m not an attorney but I’ve not heard of this…

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