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FAVORABLE JURY VERDICTS CONTINUE IN TRANSVAGINAL MESH (TVM) LITIGATION—IS AMS WATCHING?

By Dan C. Bolton, Of Counsel, Keller, Fishback & Jackson LLPendo logo 350

                In recent months, Endo Pharmaceuticals made several announcements concerning global settlements in the transvaginal mesh litigation against American Medical Systems (AMS) pending before Judge Goodwin in federal district court in West Virginia (MDL 2325).  Based on the numbers of women participating, the AMS settlement averages about $40,000 for each woman who had an AMS pelvic mesh device for pelvic organ prolapse (POP) or stress urinary incontinence (SUI), though some women will receive more than that, while others will receive less.

In evaluating the settlement value of TVM cases, it is important to take a look at the trial results to date.  Recent jury verdicts since an earlier article continue to demonstrate the strength of these cases.  The seven-figure jury verdicts are impressive and in stark contrast to the small average settlements offered by AMS—a company that has yet to face a jury:

 

  • $3.6 million jury verdict in July 2012 against C.R. Bard (Avaulta Plus/POP) in California state court (the implanting physician was held responsible for another $1.9 million in damages). This verdict was affirmed by the California Court of Appeal on November 19, 2014.  No punitive damages were awarded by the jury.

 

  • $11.1 million jury verdict in February 2013 against Ethicon (Prolift/POP) including $7.76 million in punitive damages in New Jersey state court.  The jury found that defendants failed to adequately warn of the risks of TVM.

 

  • $2 million jury verdict in August 2013 against C.R. Bard (Avaulta Plus/POP) in the first case tried last year before Judge Goodwin in federal court in West Virginia, including $1.75 million in punitive damages. The jury found that the mesh was defective and contained inadequate warnings.  Soon after, Bard settled a second case before trial.

 

  • $1.2 million jury verdict in April 2014 against Ethicon (TVT-O/SUI) in Texas state court (Dallas). The jury found that the mesh was defectively designed.  No punitive damages were awarded.

 

  • $73 million jury verdict in September 2014 in Texas state court (Dallas) against Boston Scientific (Obtryx/SUI). The verdict included $23 million in compensatory damages and $50 million in punitive damages.  The court reduced the verdict to $34 million after trial because of Texas law limiting punitive damages.

 

  • $3.27 million jury verdict in September 2014 in West Virginia federal court against Ethicon (Gynecare TVT-O/SUI). The jury found the mesh was defective and the warnings inadequate.  The court did not permit the punitive damage claim to go to the jury.

 

  • $26.7 million jury verdict in November 2014 in Florida federal court (Miami) against Boston Scientific (Pinnacle/POP) in a four plaintiff case tried before Judge Goodwin. The jury found the mesh was defective, the warnings were inadequate and the risks outweighed the benefits of the device.  No punitive damages were awarded.

 

  • $18.5 million jury verdict in November 2014 in West Virginia federal court against Boston Scientific (Obtryx/SUI) in a four plaintiff case. The jury found that the manufacturer acted with “gross negligence” and awarded $4 million in punitive damages.

The pelvic mesh manufacturers have prevailed in just three cases—one where Ethicon obtained a directed verdict in its favor before the case went to a jury and two others against Boston Scientific tried in its home jurisdiction in Boston.

Juries understand these cases and recognize the harm caused by defective mesh used for pelvic organ prolapse and stress urinary incontinence.

Gavel  500The verdicts make that loud and clear–eight cases, fourteen plaintiffs, over $100 million in compensatory and punitive damages.  While the jury system is inherently unpredictable and any trial is risky, these results underscore the strength of transvaginal mesh cases.  The results are nothing short of extraordinary.

 

It is important to remember that pelvic mesh devices were never approved for safety and efficacy by the FDA.  Rather, the mesh manufacturers relied upon the 510(k) process to quickly get devices marketed in the United States.  The 510(k) process determines only whether a new device is “substantially equivalent” to a legally marketed “predicate” device.   As I discussed in another article, the 510(k) process is fundamentally flawed.  Transvaginal mesh devices were marketed based on claims of substantial equivalence to predicate mesh devices that were never reviewed for safety and effectiveness.

Hopefully, the basis for this disparity between large jury verdicts and small AMS settlement amounts will be explained for the thousands of women who had an AMS device implanted.  The purpose of “bellwether” trials is to give the parties a chance to evaluate the strengths and weaknesses of the cases.  While settlements, which resolve a case before trial and therefore involve less risk, cannot be expected to match jury verdicts, they should bear some reasonable relationship to results at trial.  Based on the jury verdicts so far, that reasonable relationship appears obscure.  If your knowledge of this litigation was limited to the AMS settlement, you might conclude that the injuries caused by pelvic mesh were minimal.  Jurors, who have sat through these cases and heard the evidence, have quite a different view.

Dan C. Bolton is Of Counsel in the Los Angeles office of Keller, Fishback & Jackson LLP.  The firm represents plaintiffs nationwide in pharmaceutical and medical device cases, including transvaginal and hernia mesh litigation.  Mr. Bolton oversees the pharmaceutical and medical device practice. 

67 Comments

  1. sandy says:

    Go get them Dan I’m counting on you. I agree that our settlements should resemble the same as those who went to jury or at least come close we are no less hurt than those women. what AMS is offering now it’s completely unthinkable almost uncomprehensible how they could offer so little. help us all Dan to try to get a fair settlement and to get a little bit back of what we lost. Even the average citizen who serves on a jury can see that all of this is so wrong and that we do deserve to be paid good settlements which are fair to us after everything we’ve had to go through. thank you Dan for continuing to fight this battle for us to help to keep us educated and to share your views so that we might be able to see things more clearly you are appreciated

    • Lorri says:

      I am on the “disgusted train” with everyone!

      It is a shame that our long term suffering is nearly equal to what attorneys are making off of the settlements. Lawyers are making more money to live off, shop and vacation long in to the future.

      Meanwhile we are cut short on set settlement amounts which 40%, misc fees and taxes will be taken out. WE VICTIMS get the net remainder. Something is so wrong with this picture and I cannot fathom how judges, courts or companies such as AMS feel that their most recent judgements are fair and just.

      I may end up with $12,000 or less after all fees and that does not help me for all that I have endured and still ongoing problems since 2008 and in the future. I have emailed my lawyer asking what if I do not accept the settlement what happens ? I haven’t received a reply as of yet. I will not accept payment so they get nothing as well than to be insulted by their generalization of categories for compensation. Especially since a fender- bender accident victims can go to court and get the same amounts and have no multi doctor visits, meds and permanent damages etc…

      • Terri says:

        Lori. all that you say is so true. No you don’t have to except this settlement offer you can opt out .Do not let your attorneys shove it down your throat. Even if you opt out they still have to see your case through. I was once where you are and made some terrible mistakes. Because I trusted my attorneys. Only to realize that the end game was to line their pockets. How is this for an eye opener. My attorneys settled my case without my knowledge. I found out by reading it on the internet several days later. Some months later I received a letter stating the amount I would receive. No where close to what I was told my case was worth,I refused. A couple of days later these attorneys show up at my home. They tried everything possible to get me to take the settlement at one point even called me a stupid idiot.After two hours the lead attorney pulled out another check, slid it over to me it was 3 times more than the first. How is that possible ,you say. That is what I now am seeking answers to.

        Many years have gone by and my life is ending now,because the mesh implanted in me ten years ago has eat me inside and out.I tell you, and I am prove there is NO getting better. Don”t settle for the lawyers to get richer. My pray is that the government will soon see the big picture here and stop the madness.

        • lorri says:

          Terri, I appreciate your reply.

          Who are the others that can be dragged into court because the attorneys handling my case and thousands of others say that 830 million settlement from AMS (Endo) is alot and if more money would be sought after would bankrupt the companies. In my opinion who cares as they will continue to move forward and make and sell a better product, whereas those who were injured continue to suffer and barely pay their medical bills or not at all.

          I am sorry to hear that your situation has been hard and I will pray for you and your family. Thankfully you do have support from a very special spouse that is some great medicine!

          God Bless

          • Terri says:

            Lorri, my story is certainly one for the books. One would only have to go to the chatham county, savannah ga. court house to read the first chapter. After all that I have suffered physically,I honestly feel that the very people (attorneys) I sought to help turned out to be the worse kinda monster’s there are. Those that are able to hide in plain sight and call it justice. There is no difference in what was done to me,as what they seek to do you and the others.It will not change till the government takes notice. I am trying every way possible,along with many other injured to get their attention. For now our cries continue to fall on deaf ears.We have only PRAYERS. Which are powerful and being heard every day.

            So Lorri keep praying. Stand firm you know your worth.Often I think about the monies I finally gave up and took. That 3 times more was it for someone more needing,more injured? May God have mercy on the souls of those who have done such evil.

      • S says:

        Settlements are not taxable. But they are trying to release 51 thousand and retain 61000. 00 for subragation. I’m not getting only 2 revisions counted. I’m afraid if I sign this 51 thousand is all I might ever obtain. This should have been done the entire time they refused to appeal after 6 more surgeries, but they only counted 2 revisions when I had 3.

  2. Disgusted says:

    I would like to know how they were able to convince injured women to accept this offer. It doesn’t even cover the insurance medical costs. The insurance wants to be reimbursed first. Was it one lawyer who got a 40% cut? That should be illegal. I’m not saying they don’t deserve to be paid, just that it isn’t reasonable when you consider all the plaintiffs represented. The costs are figured separately that they have invested into this. Who is being represented? The injured or the law firm? Just wondering. Thank you for writing your perspective.

  3. Hal says:

    Dan, is the problem that Endo simply isn’t a large enough company to cover all of the cases against them? Their “market cap” is $14 billion, but they only have $773 million in the bank. I suspect that their board of directors cannot enter into a settlement agreement that would bankrupt the company, and I am not sure we want that either. What would bankruptcy do to all of the pending claims? Is this a legitimate concern for us?

    • mesh says:

      I have no problem with my attorney getting 33% but what i have a problem with is the 40,000 to 42,000 and if serverly its 500,000 max. can some one tell me whats behind the secene, cause most of the manufactory wants to only give 40,000? So if you dont take the offer i wonder what will happen, will they make an bigger offer for all the ones who opt out and refuse their little offer? Or is they going bankrupt? Can some one help or inside attorney share some light on this issue?

      you can email me with suggestions at amezonusa1@yahoo.com hope to hear from you

  4. sandy says:

    I believe you are entitled to get list wages back etc…. The amount they are offering wouldn’t come close to even covering that let alone everything else. AMS give my case back to my attorney and then we can move forward. This special committee that you have now isn’t working.

    • Jan Urban says:

      Why do you have to pay the insurance company back? It’s not our fault that these devices are defective and they approved the procedure. How do you find the right attorney to represent you in this MDL? There are so many firms that are trying for a piece of the pie that are small and do not have the resources to fully represent a mesh injured person. Are These smaller firms able to plead a case for all our injuries. What are the criteria needs of a legal firm to best represent you. How do you release an attorney and find a new one? Does anyone know? What should you expect from your attorney? I am pretty fed up with the disrespect , patronizing, condescending, disregard, neglect, perception, validation and perception we as mesh injured have received from the Doctor’s, medical community, the governing bodies of health systems and the legal community. It is deplorable. As mesh injured, not receiving acknowledgment that we have done our homework re: the adverse events taken place in our bodies. For years now we have endured these groups of professionals denial that mesh has harmed our bodies in many ways. Are they THREATEN by our knowledge and fortitude? We have networked for years sharing information with each other of the vast array of horrors this mesh has caused our bodies, and that we do know what we are talking about.. I do not want to be a pawn any longer. Life is to short. We have struggled as our own advocate for to long of time and they all should listen. Struggling with the medical and legal aspects of Mesh of late, Jan Urban

    • Disgusted says:

      Sandy,

      Is your case one of the “settled”? Did they give you an offer in writing? I’m wondering how they are working this. I also would like to know if the individual didn’t sign-off on a settlement, if they have any other way to receive reasonable compensation?

      • Jan Urban says:

        No. I have a TVT Exact by Ethicon. Not happy with my attorney and what they will claim. A few days back was the first time I had spoke with an attorney since I signed with them back in march of 2013 and was told that they were to busy to address every issue with me personally? Imagine that. I call them one time and report something of significance and request some additional information and all hell breaks loose. Why was there a postponement of the Ethicon trial? And what is this meeting in January for?

        • Disgusted says:

          Jan, You can read the order for the January meeting: http://www.wvsd.uscourts.gov/MDL/boston/pdfs/PTO_117.pdf

          • Jan Urban says:

            Disgusted and Sandy have you been on this web site. Links to Medical Mesh Research…..meshproblems.weebly.com/-research.html. When you arrive the first page lists all the Research on Autoimmune effects. But at the top it will bring you to the link to medical mesh research.. There is some research about Prudential nerve damage. These sites have an extensive list of research. Check it out….. Jan

          • Kim says:

            Jan,

            Thanks for the link. I sent it to an ob/gyn I saw regarding mesh. I had to send it through patient relations so I don’t know if he’ll get it, but at least they now know that this doctor told me there wasn’t any evidence about my health issues.

            Thank you so much!

  5. Hal says:

    I agree that the proposed settlement is nowhere near enough, but I am fearful of this company declaring bankruptcy and somehow avoiding responsibility. Or would bankruptcy be a good thing in that they would have to give their entire company to the victims?

  6. sandy says:

    disgusted mine is not one of the cases that have been settled they would have to think I’m completely insane and I’ve lost my mind to settle for such a lousy amount is our offering. I have not even been approached. it is my understanding that there are several large large law firms that have many many AMS claims that have been approached and a settlement is trying to be reached with these companies. I have been advised that if I do not want to settle for what they offer I do not have to..it is my understanding then as I’ve been told by some people your attorneys can say you don’t take this I’m going to resign from the case some may continue to fight it that would be between you and your attorney. as for me I have a very good attorney who I will wait until AMS and the settlement committee gets done playing around and at the end I will have it sent back to my attorney he will negotiate my settlement. I was not happy with my first attorney I wrote him a letter fired him hired a new attorney and I have to say I am very pleased with him I think he’s compassionate he understands what we’ve been through to a degree and I believe you will fight for me in every which way he can. the thing is you need to find an attorney that believes that you do deserve a substantial settlement for all you’ve been through. in my personal opinion yes I believe there are attorneys that do go out and do what is referred to as ambulance chasing trying to get the big settlement to get the big payout not really caring about people. all I know is this is just been a crazy insane unbelievable past 3 years of my life soon I’ll be going into the fourth year and soon I’ll be having a major surgery all because I wanted to be active and not have personal problems with urinary incontinence. what should have been a simple hour and a half surgery and a few 6 to 8 hours at the hospital has turned into a never ending nightmare for me. how can something so simple go so wrong and take a person’s life. there is no amount of money that can never repay what I lost perhaps I am especially depressed after a long weekend of nothing but fighting with a soon to be ex spouse hurtful words and even more and there’s nothing I can do about it right now except try to just survive from day to day. I want to cry my head off right now I want a yell I want to scream and say to AMS how in the hell can you ever fix this you can’t but at least you could be I man enough or woman enough to step up to the plate and fix what you did fix what you destroyed. sorry disgusted I got off the track a little bit but you need to fight don’t sign for anything if you’re hurt don’t go after something that isn’t rightfully yours be paid for the injuries you have received .if you have been hurt bad then you have a right to get that money you have a right to go to your home state and take it to trial it seems like we have no rights but we do its just hard some days to fight. I’m sorry I did not mean to offend anybody when I say this but what AMS is offering is ridiculous and unacceptable because of the injuries that many of us have suffered both physically emotionally personally what you’ve done you can never repay me enough for. I’m hurt because I haven’t even tried to contact me an offer me a settlement I guess this is the way the game is played.

  7. sandy says:

    They haven’t contacted me — sorry I missed typed —- the effects of pain meds is clear. if you want to fire an attorney write him a letter send it to him firing him. it would be good probably to talk to another attorney first to see if they take your case. the first attorney will have to be paid forrk that he does and you’ll have to discuss this with the attorney that you are interviewing or thinking about hiring. it is best to get legal advice from whoever you talk to just remember attorneys can be fired just like anybody else.

    please let’s remember each other and say prayers for each other during extremely hard time of Christmas it’s hard enough to have all the stress of Christmas without being hurt it is even harder when we can not do things that we want to do or perhaps even going through a family breakup and remembering all the wonderful times in the past in the next two weeks let’s be especially vigilant and be thinking and praying for each other.

  8. Sharon B. says:

    What about all of us 65 plus???? Medicare will not pay for any removeal surgeorys. We can only get pain medications. Will we get enough to cover other surgeorys we need??????????HELP US PLEASE SOMEONE

    • Jane Akre says:

      Sharon- My understanding is that Medicare will pay for removal surgeries? Perhaps not in the clinic/doctor/ hospital you went to. Where are you located?

      • Sharon B. says:

        Jane..Thank You for continuing to stand up for all that you do for us. I am located in Kansas. I been told by my Doctors in KC MEdical Center. To have removeal surgory I would be left with a colostomy and a Urostomy bag. How do those options sound. I’m not even sure to receive enough money to help. Do You ?

        • Jane Akre says:

          Sharon- what type of mesh do you have? You may be given funds to travel if you have a settlement coming soon…. pls advise… and thank you!

          • Sharon B. says:

            I have the Ethicon. I have never known so many Doctor’s to denie with not even trying to consider how this has affected me or others. To get travel money one has to agrree to such a large percent of any money received. The attorney’s alone get almost half of what ever if anything is received. But need them to present our cases. THANK YOU for your time, words and consideration in this matter.

        • Jane Akre says:

          Sharon- What kind of mesh do you have? Do you have all of your medical records. I would not take the word of one medical center which may have a philosophy they do not want to deal with these injuries. That is not uncommon. You will need to seek out a specialist for another consult.. …..if you would get back we can talk… do you have insurance? Can you travel? janeakre@meshnewsdesk.com

          • Sharon B. says:

            Hi Jane …….I have went to several colorectal and Urinalist’s. That’s how I finally was referred to Doctors at KU. I do have legal counsil. They have all my records, from Hospitals, Doctors and etc. I have Medicare and secondary. I can travel but not finacially set to travel. I’m on the waiting list like all other Mesh Angels. I just hope to get enough money to help take care of my medical needs as time continues. But it’s You and the few that are out front that help those of us with little or no voice. I would almost think the Judges and ETC. would almost have to look at each case. But We know that can’t happen either. This has just really affected so many people. Thank You for the concern you continue to show in this matter.

    • Bev says:

      Go to Dr Raz at UCLA. He takes Medicare. He is the best removal Dr.

      • pbande says:

        If there is any way you can get to Dr. Raz at UCLA, you should do it. He is “THE expert” in mesh removal. After years of pain and two mesh removal surgeries, I made the decision to see if there was a possibility that he could help me. He is the most compassionate physician I have ever known – and I am a nurse with 33 years of experience working in the hospital setting. He was able to remove the mesh in it’s entirety, and even though I still have residual effects from the mesh itself, the improvement in my life was well worth it. Don’t hesitate – make an appointment with him.

  9. Sharon B. says:

    I ‘m on social security I can’t afford to travel.

    • Sharon B. says:

      I am so Thankful for my Family. My spouse of 50 years is so supportive and kind. I hurt and cry everyday and I know He tires of my pain , hurt and tears. When I can’t go anywhere due to the pain, diahreah, effect of pain medication and etc. He just tries to be the man He is and stays by me. Our daughter cannot stand to see the pain, the heating padsor the bathroom stays. We have two sons , one is like His Father and just Loves me and tries to understand. I have a large loveing Family that has seen the pain sinve 2007. Always wondering me included what’s wrong with me. The Holidays aare here another Year of wondering just how severe the pain will be.All the little ones here , me tring not to pick them up or let others see how musch pain I’m in or how crazy the pain meds make me. I asy a prayer for myself my family and all other MESH ANGELS and their Familys. HAPPY HOLIDAYS

      • Jane Akre says:

        Sharon- your story is heartbreaking and a true example of how mesh injuries injure an entire family! Let’s hope that those behind this dark chapter in women’s medical history soon wake up to what they are doing to ALL of you. I’m sorry….. jane a.

  10. cheri says:

    As I sit here on Christmas eve night my thoughts and prayers are with my fellow mesh sisters. I pray for the holidays to be gentle with you and the pain takes a vacation from you, even if for only a few hours. God bless each and every one of you! I hope 2015 brings about some resolution and relief for all of you.

  11. Sharon B. says:

    I’m old,I’m tired and mad as hell at those involved in this mess. I now learned I will have a spinalcord stimulator put in my spine to help with my pain. If it works I’m looking forward to it. I hurt, I take meds. The Urologist that put it in called me and wanted to see me and visit with me. He called me and my Doctor at Ku liars. There are more than just manufactuers of these mesh products that need to be dragged into a court room. I hurt, I’m digusted, I hate, I just want it to stop. I hope this Spinal cord stimulation helps. It’s put into the spine like a pacemaker. But the one that hurts more than Me is my spouse of 50 years. He has gone to all the Doctor’s with me every trip, hears everything they tell me. Totaly supports me in every way.

  12. lorri says:

    Terri

    Sorry I did not realize that I had to posts from you.

    I am learning after 6+ years that being angry only wears you down even more and as time goes by that one small hill has been crossed but so many miles have been walked, only to see a mere light at the end of the tunnel and getting a slap in the face by the shameful results to date!

    It is so sad that you were left in a situation without choice that is now causing the ending of your life. My heart aches for you and my mind cannot grasp that you now have no choice but to be forcefully accepting of your now destiny. This angers and disgusts me. It sounds like you have been a strong woman for the last 10 years and courageous to face and fight such a hard battle, a never-ending battle!

    I wish I knew your whole story from beginning to end.

    Ms. Terri, I wish you peace, love, life without any more pain, protection and comfort from the Lord Jesus Our Savior!

    Lorri

  13. anna cantu says:

    Are settlements being sent out? I haven’t heard of anything and I have an AMS product. I know that they are supposed to be reviewing medical records to categorize people. I wonder if the offers out there are for the highest tier of suffering?

    • Lorri says:

      Endo(AMS) tiers are $20,000, $40,000 & $80,000-Unfortunately the amounts are nowhere near what they should be for the pain and years of suffering as well as to help with ongoing/any future medical issues/bills. My attorneys office is telling me I have to take the amount to be sent to me but there is an appeal period in which I can do but chances of receiving more money is slim to none.

      I was told by my attorneys office that there is 20, 000 women that need to get paid and if they were to get more money from the company that ENDO would go bankrupt and have to close. WHO CARES!!! The worst is that the attorneys get 38-40% of what you receive which is nearly as much as you will get after taxes are paid on the final amount received. IT IS SICKENING!!!

      • Hal Lewis says:

        Dear Lorri,

        You are wrong to attack your lawyer because your facts are incorrect.

        For starters, YOUR RECOVERY is TAX FREE. So if you pay your attorney 33%, you will end up getting 66% of your settlement. (*Please tell me that you know intellectually that AMS was NOT going to be nice and just voluntarily pay you without you hiring a lawyer and taking the appropriate steps. They are not in the business of being nice.

        On the other, the money your attorney gets is NOT tax free. The IRS will get 33% of it.

        So if you recover $100,000:

        You get $66,666

        Your attorney gets $22,222 (which he then has to use to pay his employees, bills, overhead, etc.)

        The IRS gets $11,111

        So when you say that your attorney is getting nearly as much as you are from your settlement… it just isn’t correct.

        After all, your attorney is NOT the reason you are not getting more. It isn’t his or her fault that AMS isn’t a huge corporation that can afford to pay you more. Your attorney was there for fight for you at all times for the past few years. Turning on him now when the money has come in is just not right — especially since you signed the contract in the first place and agreed to pay the percentage.

        It would be one thing if you were getting an unexpected bill. You are getting charged exactly what you agreed to pay. No, you are getting charged exactly what you HOPED to pay… because that’s all any mesh victim had back then: The HOPE of someday getting some sort of justice.

        • Lorri says:

          I am sorry you are that you feel the need to attack me. I only stated the FACTS that were given to me from my attorneys office and paperwork received for acceptance of the portion that I would only receive and how it would be distributed. Further, if you want to appeal after the 1st settlement offer then it will cost the person who has a mesh problem 2 to 4 thousand to get to appeal for further investigation to receive more money. SO you receive money and have to pay out money in order to appeal to receive more money…Does this seem okay to you? It does not set well with me!

          I cannot imagine a victim of this mesh class action suit to say what you have said, so I will assume you are an attorney and taking what I said personal or you have a really upclose and personal relationship with your lawyer.

          We are all entitled to our own opinions and share our own individual experiences. To be clear my attorneys office is getting 40% and I was not attacking my attorney just stating whatI was told to me, Mr. Lewis. Please do not assume your own facts or knowings of my case in my state with my attorney! Thank you

          • Barb says:

            Dear Lorri, I don’t believe your being attacked in any way, however you do seem to be quite out of the loop on new changes. AMS did originally say $830 000, and yes everyone one of us feel we are the worst clients who should be awarded most money then anyone else. However we don’t have to take the first offer, the Special Master will loo at the case again and remember all these cases that go to trial are setting a prime example of what jurors are more likely to award in monies based on the clients injuries. AMS increased their settlement to $93. 000.000 plus an extra $3 000,000 plus in reserves! That is alot of money compared to what they originally. Your attorney is working for you not against you!! Yes each case is individually put in categories for example someone who is only suffering infections compared to someone who has had 3 sugeries, has 2 defective devises in them, having prolapse issues I will stop there I literally have 20 medical issues due to my devices been since 2007 continued health care now possibly having a hysterectomy will find out this coming Tuesday May 5. They ones who have never had revisions, never continued health care and I’m sure you know as well as I healthcare is very important to continue I’m only 53 and this all started when I was 45.

          • Barb says:

            Lorri, I’m an AMS clien as well!! There was NO monies listed on my paper to agree to when I signed the paper to be on board!! If you have not been happy with your attorney then why do you still have them?? Would like to know how many years of suffering and when you got in contact with a legal Firm? I cannot say enough about how amazing my attorney firm is, They call me 2 a month and always tell me if a new development arise immediately contact them!! Hall Amen to you Sir!! So many people on this site are either not fully educated on MESH or have a very small world. Our attorney’s put so much time and they want to settle as quickly as possible but there are legal steps they need to follow in an MDL case just like a court case. Many of you will be disappointed with your settlement however it is based on your medical records to highly support your case! Stop hating Doctors hospitals, it’s not their fault they like us victums were not informed properly or at all. I personally was not given any information on my 2 defective devices! And again it’s YOUR medical records that’s going to determine what Tier your in. Did you not know that your award when it gets close is TX FREE???

        • Corinne says:

          Hal,

          I’ve read your posts in response to mesh victims and I too am taken back by your insensitive justification of the attorney’s incomes. First of all, most of the attorneys on these cases are managing hundreds of similar cases and much of the paperwork is duplication which is quickly and easily done via “word processing software” therefore some of the leg work only has to get done once, the same applies to the product research portion, couple that with the fact that the “overhead” is also a shared expense with many cases which should be a deduction right off the top of the “lump sum” settlement before any anything else is distributed (in my opinion). Then remember that many of us still have upcoming procedures that we’ve put off in anticipation of a cash settlement so we can afford to have these corrective/revision/removal surgery(ies) performed, so many of us will remain injured beyond whatever we end up receiving monetarily because guess who has to pay for these procedures?

          I am not kicking my attorney’s down, I’m simply stating that, in the end, what the vast majority end up with is probably not enough to cover our past medical expenses, future medical expenses, time off work, etc. and the attorney’s do end up making large profits at the victim’s expense. We the victims endure the destruction these medical devices have placed on our bodies, we have no choice but to hire professionals if we want a chance to get justice, and…I haven’t met an attorney yet who was willing to negotiate his/her price unless they adjust their work to reflect it, but, that’s what we are being forced to do, settle for less than the injury has cost us.

          • Lorri says:

            Thank you for your voice! RE: response to Hal Lewis attacking subject regarding attorney fees and such……

          • Hal Lewis says:

            The legal system IS insensitive.

            If you want hugs and apologies, this is not the place for it.

            Sorry, but as an attorney, my clients hire me to shoot it straight to them, not to blow smoke up their butts.

  14. anna cantu says:

    How do I find out when the FDA approved a particular mesh product-the AMS SPARC sling?

  15. Still Suffering says:

    I didn’t know where else to post, but Sandy is suffering post surgical complications after leaving Phoenix, AZ where she had another surgery. She is in a nearby hospital in her state and would appreciate prayers that they can stop this complication. I am a mesh survivor too and know the hell we are going through.

  16. ANGIE says:

    HI LORRI, I AM A FIRST TIME WRITER AND I WANT TO JUST SAY THANK YOU FOR ALL THE HELP AND INFLUENCE YO HAVE GIVEN THESE WOMEN. I TOO AM HAVING PROBLEMS WITH BACK, LEG, HIP PROBLEMS WHICH I HAVE BEEN SEEING THE DOCTOR WHO HAD ONE OF HIS DOCTORS INSTALL THIS MESH IN 2008. I OR THE DOCTOR DON’T KNOW FOR SURE IF ALL MY PAIN IS FROM THE MESH BUT I CERTAINLY BELIEVE IT IS. I HAVE HAD NO SURGERY SO FAR BUT THE DOCTOR IS SAYING HE WOULD LIKE TO TRY AND RELEASE THE MESH THRU SURGERY TO SEE IF THIS MY OR MAY NOT BE THE PROBLEM. GO FIGURE RIGHT. I HAVE HAD PROBLEMS WITH MY BACK SO I ALWAYS ASSUMED THIS PAIN WAS A PRODUCT OF HERNIATED DISK WHICH WERE RESOLVED. I JUST HAD A TRIAL RUN CALLED PERCUTANEOUS TIBAL NERVE WHERE WIRES WERE INSERTED IN THE BACK AND PAIN WAS CONTROLED BY A BOX ATTACHED AND ME TURNING IT UP OR DOWN SIMILAR TO A TENS UNIT TO SEE IF IT WOULD HELP WITH PAIN, NEEDLESS TO SAY IT DID NOT WORK AND I FEEL MORE PAIN THEN BEFORE AND MORE WEAKNESS IN MY LEGS WHICH STOP ME IN MY TRACKS WHEN I WALK OR MOVE AROUND TO MUCH. I COULD GO ON AND ON BUT I REPORT LATER ON THE RESULTS AND WHAT THE DOCTOR WANTS TO DO NEXT WHICH IS SURGERY TO LOOSEN THE MESH. BY THE WAY I HAVE 2 MESHES INSIDE ME. I CANNOT EXPLAIN THE PAIN LIKE SO MANY OTHERS AND AM TAKING PAIN MEDS EVERY 4 HRS AND THESE ARE NOT OTC MEDS THEY ARE PRESCRIPTION MEDS A LOT TO TAKE AND THE PAIN IS HARDLY TOUCHED BY THE MEDS. OK I WILL LET YOU AND YOUR READERS KNOW WHAT HAPPENS NEXT AND TO LET THEM KNOW LIKE OTHERS WE KNOW AND FEEL YOUR PAIN EVEN THO SOME OF THE DOCTORS THINK WE ARE NOT MAKING THIS UP. TILL WE MEET AGAIN I WANT TO AGAIN THANK YOU FOR ALL THE HELP YOU HAVE GIVEN US. LADIES BE BRAVE AS YOU CAN AND KEEP FIGHTING AS I WILL BE DOING. ITS NOT THE MONEY WE ALL WANT ITS THE REFLIEF OF PAIN. I HOPE AND PRAY THE DOCTORS GET THIS MESSAGE AND HELP ALL THAT COME TO THEM FOR HELP. MAY GOD BLESS EACH AND EVERYONE OF US WE SOOOOO NEED IT. KEEP STRONG LADIES AND FIGHT FIGHT AS I WILL BE DOING.

  17. LISA says:

    I just wanted to commend all of you for telling your story as I know all to well how very hard all of this is. Since March 2011, I too am living daily with this monster and see no end in sight. I have undergone pelvic floor therapy, pain management, have endured a stroke from all of the big clots from bleeding and open heart surgery….YES I SAID A STROKE AND OPEN HEART SURGERY ALL BECAUSE OF THIS MESH. I just had my 8th surgery for mesh removal as it has eroded into my organs and unfortunately up by my major pelvic artery. I have the best surgeons that one could ask for but there are only so many miracles that they canperform and keep me safe all at the same time. I live EVERY SINGLE DAY in pain and since March 2011 have not gotten a full nights sleep due to the pain.

    Just in case some of you are wondering……I am 47 years old and I was VERY healthy before all of this happened. I had an incontinence problem from having 4 healthy children.

    I would never have made it this far if it weren’t for my family as this has changed my life. This has changed who I am as a person, as a woman and has changed my relationship with my spouse of 26 years. As supportive as he has been, I know he has needs and he cries inside but the thought of the pain getting worse makes me shake and cry and just makes me angry because I just don’t have any control. I always had control of my life. That was taken away by a manufacturer and their greed. I am a number to them, to society, to the lawyers, to the judge, etc……

    BUT…….when I read posts like all of yours, I know I am a worthwhile person. I’m not alone!!!!! AND I WILL CONTINUE TO FIGHT!!! I want to thank you for telling your stories!!!!

  18. dave says:

    You are made to settle

  19. K says:

    I have no problems with my attorney getting 33%. I do have a problem with the settlement being a lousy 40 grand. After three surgeries and NO sex life. Do the math, it sucks.

    : (

  20. Donna Hart says:

    I just got an offer from my attorney from AMS outside of the main settlement put out in the news This offer also not anywhere near acceptable The lawyers try to scare you into taking the offer – saying Judge could just dismiss your case My husband said turn them down If you end up with nothing it is not much more than what they are offering

    I am in Texas halfofhart@inbox.com

    • cybil says:

      Donna – I don’t understand. I thought everyone was grouped into the “main settlement”. What do you mean by “outside of the main settlement”? Does that mean you’re not in the MDL – or, there are individual settlements being made besides the “main one”? Please explain/help????

      • Barb says:

        Yes CYBIL your correct, no one has gotten or received an offer from AMS MDL. Not sure what she’s talking about!

      • Barb says:

        There is only ONE main settlement Cybil!! The settlement on the table for everyone with AMS is currently $93, 000, 000 plus over $3, 000, 000. It;s people like Donna posting perhaps something not accurate!! Just keep up with these trials……….my attorney firm said the monies will they are hoping will start distributing November December 2015. The manufacturers are not going to write one check at a time it will be hundreds or thousands. Remember the MDL cases are still based on individual cases the monies are not divided that’s what people don’t understand and thats why our cases are put in tier’s or category’s based on how sever your case is!

        • Cindy says:

          My friend who had attorney out of TX got 230,000.00 and will get an additional 50,000.00 … my attorney said mine will be 40,000.00. This is according to a matrix sent to them by a special master. My injuries and surgeries and risudal problems far surpass my friends, we have compared medical records to determine this. My district is the west virgins district. I’d like to know why this is. I’d also like to know who to ask about more facts.

          • Jane Akre says:

            Hi Cindy- Please be careful about posting your last name… I’m certain your attorney would not want you to do that. In some cases the number of surgeries upped the value of a case. Do you have the same number of surgeries? Was your friend also filed in the WV court? For the 40% of your award the law firm is getting, the very least they can do is answer your questions..!!!! Make sure your medical notes reflect your actual degree of injury. In some cases, doctors do not accurately report what you told them! Everyone should demand to see their medical records routinely and make sure the notes are correct. If not, correct them, sooner rather than later. That is my non legal opinion

    • Barb says:

      Advising you your attorney I’m sure advised you not to put anything out there in the media! As I was told by my attornies no AMS clients have been paid and not sure about offers WE are not going to be Millionaires here, however maybe your case when it went to the board of medical doctors you would have received a paper from your attorney’s firm that was broken down and what the doctors put on the list of things that they associated with your injuries. If everything you have associated with the mesh is correct or if they missed something you should make sure everything on the list was correct, so you would hae an idea of what your settlement would be. Things I have read on the AMS site is you can recieve lost of intimacy, punitive damages, possible lost wages, pain suffering and a few more things!! AMS is trying just like our attorneys, special Master, doctors.

      • Jane Akre says:

        Hi Barb- the settlement monies are not compensating you for loss of consortium, punitive pain and suffering… despite what they may say on their site. In fact could you forward that along?

    • Barb says:

      Maybe your case is an easy one Donna…..I wish you would explain more

    • ed says:

      Donna Hart , Hi,

      My wife too has a AMS mesh. She has had 3 surgeriers, and is still in a lot of pain. I’m curious to know if you would be willing to contact my wife through my e mail ? We have been going through this for a lot of years now and we are down to nothing. I lost my job the beginning of the year because of my health. I’ve had open heart surgery, triple bypass, and I get very little money on SSI. We are disperate and would love to ask some unanswered questions that my wifes attorney will not answer for her. So if this is at all possible you can contact her @ buddd50@yahoo.com. Thanks

  21. Cindy says:

    I WANT answers!!! Why would one distribution ts distribution amounts be so much higher than the 40k being paid in the West Virginia district?
    http://meshmedicaldevicenewsdesk.com/anatomy-of-an-ams-settlement-692-pelvic-mesh-injury-claims-to-be-resolved
    Any ideas?

    • cindy says:

      I think I may have made wording errors above. I meant to say that different districts have different distribution amounts. The TX district is much more than the WV district. I have seen the matrix from both and though the main structure is the same, the amounts are very different. My friend was in the TX district and her case has already paid and per the projection and the matrix of my claim, it has paid 190k more than mine ‘may’ pay. I am thoroughly upset with the situation. Through some investigation, I have discovered that an amount of money was given to the district to be split up among claimants in a systematic manner. The number of clients in the WV district out numbers the TX district by many many claimants. There is something badly wrong with this picture and I don’t know how to find more information nor how to try to resolve it.

  22. Sharon says:

    I have the Bard mesh any thing on any of their settlements? I just never hear anything good about any of the waves or any selltements other than the ones that go to Court? Any comments?

  23. Ann says:

    Hello

    I have read a majority of the post and did not realize the extent of the damage a mesh can cause, so my question is how do I go about finding out if there is anything wrong with the (AMS) mesh implant I have. In 2009 I received a mesh for SUI, I currently have back, leg and pelvic pain as well as 2 types of incontinence, I had to quit work because of the pain that I’m in and currently have no insurance because I am not working, but would like to see how to get this looked into. Please any help is appreciated.

    • Jane Akre says:

      Hi Ann-

      There are many questions …. did you have the pain before your implant? Did it work for awhile? Do you have your medical records? Do you have a competent doctor who recognizes the link between a mesh implant and complications? There are a few around the country…. perhaps one is close to you. email if you want to provide your location janeakre@meshnewsdesk.com You may also want to ask this question on the facebook page for Mesh News Desk and/or the group. People usually reply. Don’t give up your search!!!

      • Ann says:

        I had pain and had my left ovary removed because of it and received the mesh also because of the SUI, The pain was gone for a while and then started in my back on the left side, I can not hold it when I need to use the restroom and I am in tremendous pain until I relieve myself. The pain became so bad that I started seeing a doctor for it but he only gave me pain meds but did not do anything to find out why I was having the pain. There are medical records of me going to him for the back pain as well as ER visits, Urgent care and pain management, had an MRI done and have a compressed nerve as well as herniated disk, but the pain has gotten worse and has progressed into the joints of my left hip and extends over to my pelvis area, making it hard to walk as well as sleep. In regards to a doctor who can help the answer is no that is the information I need and will go to the Facebook page to make inquiry there.

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