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J&J Offers Second Major Settlement to Pelvic Mesh Injured Women

logoMesh Medical Device News Desk, September 9, 2016~ Healthcare giant offers second settlement to resolve pelvic mesh injury cases.  

Undisclosed Settlement is approved by multidistrict litigation judge.

Motions have been flying this week in the Johnson & Johnson Pelvic Mesh litigation filed in federal court in West Virginia.

Johnson & Johnson has agreed to its second settlement to resolve an undisclosed number of lawsuits filed by women injured by its vaginal mesh implants.

J&J and its Ethicon division has come to agreement with Athens, Georgia law firm Blasingame, Burch, Garrard & Ashley (BBGA).

Mesh News Desk has an inquiry into J&J for comment.

While settlement amounts are confidential, last April a $5 million settlement was revealed in  New Jersey court documents in a private agreement with one injured woman. In January of this year, J&J agreed to a $120 million settlement, to resolve 2,000 to 3,000 pelvic mesh cases, its first big mesh settlement announced.  The latest settlement is reported by sources to be close to that amount to resolve fewer cases.

“The exact allocation among and distribution to covered claimants, or any other persons or entities asserting a claim of subrogation or reimbursement, has not been finalized at this time.”

J&J is the last of seven manufacturers to offer settlements to resolve claims of injury and infection.  As of today, the healthcare giant faces 34,535 product liability cases filed in federal court in West Virginia, where pelvic mesh cases are consolidated in multidistrict litigation (94,265 total),  as well as 8,931 cases filed in New Jersey,  Internationally, cases have been filed by law firms representing injured women in Canada, Australia, Israel, among other countries.

Women who have filed lawsuits claim the mesh shrank, caused organ damage, constant pain and infection. In many women, the permanent implants cannot be removed.

In Pretrial Order #237, filed September 7, Judge Joseph Goodwin, who is overseeing multidistrict litigation in WV, approved the Confidential Settlement Agreement with Ethicon. Judge Goodwin also appointed (PTO #236) Special Master Cathy Yanni to allocate and divide the settlement payouts.  A woman’s medical condition, the number of surgeries she has had to endure as a result of her pelvic mesh implant will all be considered. Any outstanding liens, whether medical or to a lending company, will be negotiated as well.

The Special Master will receive $300 per claim plus $10,000 per calendar quarter and $2,000 per appeal.

Ms. Yanni has mediated over 10,000 matters over the past 17 years and has been appointed by Judge Joseph Goodwin to act as the Special Master for certain settlement agreements between Covidien, C.R. Bard, Boston Scientific and Coloplast and certain Plaintiffs’ counsel. She has also mediated DePuy Orthopaedics Inc ASR Hip Implant Products Liability Litigation, another company owned by Johnson & Johnson, as well as Medtronic Infuse litigation and Gadolinium Contrast Dyes product liability litigation, Bextra and Zicam litigation.

In another filing, Ethicon, moves to have Dr. Anne Weber excluded as an expert in some upcoming pelvic mesh trials.

In PTO #235, Judge Goodwin announces a September 13 and 14, 2016  status hearing to access the progress made by both sides in settling this massive MDL, the largest ever filed in one court.

In February, 2015, Judge Goodwin predicted a “Rocky Path” if both sides did not meet some agreements. See MND story here. ##

 

118 Comments

  1. Pat says:

    Good job Jane!

  2. J Maxwell says:

    Of course, my obvious question as probably many others will wonder. How do we find out what case numbers does this involve. Is there a list of the cases this settlement covers or is this for the whole 94 thousand cases in West Virginia courts? Sorry but this is all sorta confusing.

    • Jane Akre says:

      It is for about one thousand cases… if you click on the documents you will see it is one settlement overseen by Blasingame Burch in Athens Georgia and it just covers their clients…. That’s how this is being done…. one law firm settles its cases… then the next etc. In some cases a law firm will fold in cases from another law firm to get them all done. Sorry that is not clear but neither are the settlement agreements.

    • Kitty says:

      Your attorey let’s u know

  3. Carrie says:

    So one woman gets $5 million (and she deserves it), and the rest who weren’t allowed to file individually get $40k-$60k? And that’s before lawyer fees. Doesn’t even cover a year of my previous salary.

    • Carrie, all of our cases were filed individually. What we could not control, however, is where our cases are litigated. Federal judges determined to establish an MDL and most of the mesh cases were transferred to or filed in West Virginia. There is another MDL in New Jersey. I have no idea how that determination was made. If the cases were filed as class action, we would have no ability to turn down a settlement and request a jury trial. Everyone would just get a token check. Most of the money would go to the class action administration. Nothing in this entire litigation makes sense nor is fair. We are truly caught in a bizarre system. But, it is the system we have been handed at this time. My hope is that MDLs will cease to be because of this litigation. It has not served the plaintiffs well. They were set up to speed up litigation in cases where preliminary work and shared discovery would benefit each plaintiff. Obviously, this hasnt happened.

      • D says:

        I received mesh litigation paperwork stating ethicon has settled. I’ve had to send off all my injuries and conditions, surgical reports etc ( makes you wonder just what exactly am I paying my attorney for?) when I first signed on w my attorney she sent additional paperwork stating she was partnering with another firm. When I called her she stated she was still my main attorney the other was for paperwork. She got angry once because I called and questioned her. She’s lied to me on a couple of things. I’m sure it’s not lies in her mind cause she would often be confused on which client I was when we talked, anyways, I was to confer w her via email, she set up a conference call of which she never called. I sent emails back asking if I had dated wrong? But no response. Now couple months later I get requests for information from the mesh litigation team. All they told me is they’ve reached a settlement with j&j, nothing disclosed yet and paperwork they sent me to sign. Supposedly from my attorney I’m in Bergen county but I can’t find my name there. I’m disgusted with this whole proceeding. But of course I really have zero recourse but to get back in their herd line

        • Jane Akre says:

          YOu cant find your complaint listed in Bergen county? Do you have a case number? Can you look up your name here? New Jersey court schedule
          http://www.judiciary.state.nj.us/mass-tort/pelvicmesh/index.htm

          It would be nice if you got your money directly and the law firm had to come to you for its 40%. You could say “I’ll get back…..”

          • Ron james says:

            Jane my mother lives in West Virginia and we were wondering how to find out information on her case. Her lawyer hasn’t called her ever. My sister got their name from someone and they sent her papers to sign and that’s all they’ve done. She’d love to fire them and get someone else but we’re afraid they would still get a large cut if she does it. Where can we look up her case?

          • Jane Akre says:

            Google- the Southern District of WV and on page one you will see the MDL. Click on her manufacturer. You can put in her name in the Search Bar and designate it to find her by Plaintiff. You should be able to pull her up… let me know if you have problems. I wish lawyers would talk to their clients. They are encouraging the bad reputation lawyers get, that they are just interested in the $$ and not the client. It is easily remedied by placing a call every other week. That’s not too much to ask in my opinion.

  4. Linda K says:

    Linda K waiting to hear about the mesh settlements from J&J and Ethicon as I had a TVT unremovable done and into my organs the pain is unbearable .. waiting for it to end..

    • Anon says:

      The manufacturers knows which firms will settle their clients low, especially J J Ethicon. A shortened vagina, dyspareunia, (painful intercourse) nerve damaged, etc, and so on………. does not belong in a pyramid settlement, These injuries are permanent in nature. Demand of your firm the amount of settlement you deserve individually and especially not according to how many surgeries you have endured. Do not sign until you clearly/totally understand what you are signing away.

      • Jane Akre says:

        Good advice, thank you. Please read the fine print. Many of these injuries are permanent though as is an inability to work…Lifecare plans would be appropriate but I do not see that happening for most women. Please correct me if I’m wrong.

        • Anon says:

          SAD….My heart breaks for most of these women. They are the ones suffering severe, life changing injuries, due to no fault of their own, but everyone, everyone else is getting paid what they deserve except the injured women. How do we change this?

        • k says:

          Jane, I would get a life plan but I do not see how it is helping women in their case unless they go to trial. Based on the scales nerve damage isn’t even compensated for. I have had one removal surgery and life long nerve pain but will only be compensated for removal based on the scales. I also need corrective surgery for incontinence. If I had removal and one corrective surgery and no nerve damage for life I would be compensated more. Who in the hell is laying out the tiers? They need input from the suffering!

          • Jane Akre says:

            Agreed it almost seems like you are shoehorned into a lesser tier just for expediency, which is NOT in your best interest…. I’m sorry. The system is not supposed to
            work this way….

          • Barb says:

            K………….having an operation for incontinence will not be considered mesh issues. Using me for example: 3 surgeries involving the mesh, 2 surgeries after the deadline which I have appealed for more monies from the hold back fund. My last major surgery included organ prolapse repair, complete hysterectomy, birch method and full mesh exision. I will only be compensated for full mesh exision, nothing to do with incontenance. Ask lots of questions!!! The amount that is taking out of our settlements is horrendous!! Attorney’s , mdl fee’s, obtaining medical records, several other fee’s!!! I’m going to find out how and what is taking out of surgeries performed after the deadline and how they decide what figure is used! Good Luck to you all! We have come a very long way and Jane has been amazing!

        • Gg says:

          Dear Jane & other Ethicon recipients. Don’t count on much from J & J settle nt offers..I had a pitiful one
          Very disappointed in mine. Have had several Surgeries post mesh removal as well as have a permanent injury in the fact of having a very short vagina even after creation of a new vagina (through a very painful ordeal having to wear a mold that a biologic material was stretched over and had to have my vagina sewn at the labia and had to wear it like that for 3 weeks. ).
          I received an offer from Ethicon and I was told not all Surgeries I had could be traced back to my Ethicon implant. Not even taking into account the vag. Reconstruction ..I’m sick to my stomach my offer was somewhere between 60-75,000. Not even enough to cover one surgery. . May I add that I also had 2 of Ethicon products in me? Both which have been Proven defective in court!

      • Anon, I would be anxious to hear if you have been successful using that advice. Most of us have injuries that impact the rest of our lives. If all women demand a seperate settlement,then the MDL would cease to be. Get out your contract you signed with your attorney. They will have a clause where you grant your law firm your proxy to negotiate and come to settlement with the defendant. I woul be interested in hearing from someone who successfully withdrew from the tier allocation and had an individual settlement based on all of their permanent issues. That would help those who would like to do the same.

        • Anon says:

          Correction: Tier Allocation Ultimately, our cases are individual cases, you do not have to accept the settlement. You can exercise your constitutional right to plead your case in court. Be careful, if you choose to appeal, you have to accept Ms. Yanni’s decision, therefore, you forfeit your right to plead your case in court. (I think)

          Remember, we have power in numbers, but your state politicians are in position to plead your case, for you with others in power such as (Judge Goodwin). Email, write and phone them on a regular basis, just enough to keep you in mind never as a pest. I have gotten a favorable response from President Obama and his staff. The (Man) really, really care about People, he and his staff reflects the compassion that feel for victims in the swift manner that they respond to a request for help.

          • Anon, please don’t email Judge Goodwin. That is something you cant do while you are a litigant in his court. Your attorney would probably advise you that it is improper conduct. It will not help your case at all. Politicians are not able to step in and take over the decision making of a federal court. Can you imagine how much worse a mess we would be in if politicians could jump in and direct the verdict or settlement agreements of all their constituents who are involved in lawsuits? If The President could impact a jury or judge decision, we would no longer have a democracy. I imagine it has happened over the course of our history, but not in an ethical or public way. Judges are tasked with being impartial and to run their courtroom with that standard of behavior. They dont administer the justice, they oversee court proceedings to make sure the intent of law is followed. As I have said before, this is the system we have been handed, regardless of how unfair or unjust it may seem. It is certainly not a perfect system, but if we lived in a perfect world, we would have never been implanted to begin with.

            I just want to urge the readers to contact their attorney for legal information about settlements, jury trials, and anything that is case specific. You should also ask them about what is considered appropriate as far as contacting Judge Goodwin or employees in the court. We want to know what our attorney is doing and we have the responsibility to keep them up to date on anything we do that has the potential to impact our case.

  5. Jane and mesh injured women. As I watched the 9/11 remembrances today marking the 15 year anniversary, the smell and noise of Ground Zero came rushing back to me. On September 18, 2001, I was sent to New York as a national disaster volunteer for the Red Cross. I was assigned to drive an ERV( the big ambulance type vehicle you see on television) . I worked out of St. John’s University, which had become the center of red cross services and I drove to Duane Street, in Tribeca area, to pick up and load foodfrom 10:00 at night to10:00 the next morning. It was grueling,exhausting work. Normally, the red cross helps survivors of disasters like floods ,hurricanes,tornadoes ( I worked in all of these disasters). We didnt have survivors. We were there to take care of the search and rescue workers, hundreds and hundreds of them. At one point, we served more than 15,000 meals per day. I witnessed horrendous pain and suffering, watched frantic firemen with the soles of their boots burned off from the heat of the pile as they searched for sons, daughters, parents, and friends. I watched volunteer veterinarians care for the burned paws of search dogs. I watched policeman, fireman, FBI, CIA, volunteer rescue workers smile as they read the thousands of letters that came to ground zero from school children all over the country. And that smile is why I am writing this post. Some people on this site have told me I do not write with feeling, with the anger that accompanies this terrible mesh experience. Ground Zero is why I let go of my anger. I saw scores or ordinary people who were brutally thrust into this hell that no one could have ever imagined. I was angry with God, very angry. And yet in the middle of it all, there were smiles, a glimmer of hope. Not many at first, but as the weeks went on ( I was there for a month) some joy seeped in. The night the Yankees ( or Mets) won their division in baseball was my last week there. They watch the televisions and cheered.

    I decided when I left Ground Zero that I would make a commitment to find joy even when I didnt want to, even when life is so hard I wanted to die. I felt a strong need to honor those I served and those who died. Seven years after my Ground Zero assignment, I was implanted with mesh. Grond zero is the lens I look at life through, the context of my conscious. It was so much more than a Red Cross assignment. it was a time of epiphany, a life-changing experience that is hard to put into words. As I face a day with pain, I am encouraged to press forward by my ground zero experience. Seeing what I saw at Ground Zero does not make me minimize the mesh pain, but it does allow me to reduce my suffering by undertanding that we all swim in the fundamental darkness of life. It is my responsibility to live my life in a way that shines a light when I can. When I left New York, I pledged to tell my story every year so others will remember. I didnt schedule a program today, so, Jane, if you will print this somewhat off topic post you will be helping me fulfill my pledge and hopefully this might be a light of encouragement to some of our mesh family.

    • Jane Akre says:

      Still— You are awesome… with much respect it is an honor to publish this….Don’t let anyone criticize you for how you write and express yourself. It is beautiful!I hope to meet you some day.

  6. Mindy says:

    I have had over 8 surgery’s and I have o hole in my bladder for where it attaches to my bladder then went through it I would to know what j&j will offer

  7. Lisa A says:

    I Filed in 2011. Mine cannot be removed. I’m with the Lanier Law firm.
    Still waiting for HELP…

    • Jane Akre says:

      Mark Lanier is a very good trial lawyer…in my opinion.

      • Lisa A says:

        My lawyer called yesterday (9/19) and
        said I was going to get nothing because I didn’t try to have mine removed. This is ridiculous. My doctor
        told me not to try and do this because mine was implanted in 2009.
        I have had nothing but pain and problems.WHAT CAN I DO.

        • Jane Akre says:

          I’ve always thought that taking care medically is most important regardless of any legal standing…… Sounds like you got some bad advice. You could fire your law firm and try to go with another…. I’m assuming you have complications and a list of medical issues, appointments, infections, pain etc. Please read the fine print of your agreement with your law firm to see what they believe you would own in the event you do not come to settlement terms. I’m not a lawyer so please understand that.Do you have your original medical records so you can take them elsewhere. This is a good example of why it’s important to Keep Your Records!

          • Lisa A says:

            My law firm is the Lanier firm. I can’t believe they told me that. What is there problem. I thought they were supposed to be very good. I guess I found out the hard way.

        • Heidi says:

          You need to find another doctor, a urogynecologist. Mine was implanted in 2006 and my doctor was able to remove it in 2013. It was a long surgery and a lot of cutting. He got it all except a tiny piece. Keep on trying.

    • laurie says:

      Lisa,:I was just wondering if you were able to get some resolution. I don’t understand why you wouldn’t have legal recourse if this thing is unremovable.I hope your doing ok.

      • Lisa a says:

        Thank you, I’m just trying to stay strong but it’s hard. If I knew this was going to happen I would gone another direction.

  8. Kitty says:

    SS thank u for your service….

  9. Randy Hefner says:

    My mother passed away waiting for a settlement. She struggled for the past several years with abdominal pain, sickness from UTIs, etc. The complications stole her life and will to live. She continually declined because of sickness and inactivity due to it. THE manufacturers need to learn a lesson from this MDL based on a few trial cases. Then perhaps the settlements will be reasonable. My mother has 6 sons and 10 grandchildren who have all lost out on her not being around for them.

    • Bejah Blue says:

      Oh Randy, I feel for you. I am tempted to say “Let go and let GOD” handle this because it is so vast in its evil reach, it seems at times only divine intervention can bring these monsterous entities to their knees. But it is also said that “GOD helps those that help themselves”. I guess I am left with feeling that both of these principals, if I may call them that, apply in this matter.

      Randy’s mother lost her will to live and when that happens there is little hope. She chose to “Go home” and we must respect and understand her position.

      We must have faith but we should also try to stay present in this life as long as we are asked too by GOD. The Universe, known and unknown, is so vast we can not conceptualize it. If GOD, who knows all things and all moments, wants us to bear what we must to stay alive then we must try always and forever.

      I would comfort you if I knew how. I lost my mother in 2010 to a different monster. It was the greatest loss I ever knew but it was not as horrific as your loss.

      can only hope that where we have a shortfall in the capacity to comfort you, we do have understanding, knowledge and commitment to fill out that shortfall.

      I pray that through the force of intuition and will and contemplation we can all reach you somehow and you will sense our deep feelings regarding your terrible loss. Bejah

    • Randy, thank you for sharing your mothers heartbreaking story. We dont often hear from sons about their mother. What a wonderful relationship that you must have had with her for you to be so aware of her physical health. Women tend to want to keep personal information from children and especially sons. Tell her story, pass it down to the next generation so this tragedy wont happen ever again.

  10. Cathy says:

    Treat my injured sisters as you wish to be treated!

    • Bejah Blue says:

      Bless you Cathy and “Here, here”. Blessed are those who care more for others than for themselves. What we have learned I expect is that feeling for others makes us feel a little less pain. We are becomming better human beings, seeking not so much revenge but justice and the truth illuminates our path.

      Bejah

  11. Trish M says:

    I see and read all these messages, so far, its been since 2008 that mine started. My case is one of those that are in New Jersey. This is insane. But thank you for keeping us up to date on these cases.

  12. Anon says:

    I am speaking from my experience with them. This is my truth.

  13. Discouraged says:

    8 surgeries later, first in 2009, open abdominal. Still suffering. Filled in 2010. Still waiting. No hope in sight. Atty has only one other client with same issue. Feel abandoned. Anyone else in Same situation?

    • Bejah Blue says:

      It is understandable to feel abandoned in these circumstances. Understand that feeling this way is normal but it does not mean it is true. Try to reach out to others to lessen this feeling and do not allow yourself to be obsessive about this subject. Refocus and it will help you feel better. I think the courts are notorious for taking a long time to process cases. Remember friend, “A watched pot never boils”. It is so true.

      Bejah

  14. Linda M says:

    Thanks for the update. Do you know if J & J are settling just certain cases or the ones that were filed in 2012 -2013.
    Judge Godwin wanted cases to go to court from oldest filed. I just wish we were getting more updates from our lawyers.

    • Jane Akre says:

      How about this… when it is time for the law firm to collect its 40% tell them – Yeah, I’ll get back when I have an answer….. Actually it doesn’t work that way, they get the money first.

    • Bejah Blue says:

      I think I remember Jane saying the judge will hear all the cases from one law firm at a time. It is my understanding that one of the things this means is that the least powerful as perceived by Jnj counsel will be first up. I do not know if this is true though, so please correct me if I am wrong. Bad information travels faster than the truth it seems. Bejah

      • Jane Akre says:

        Bejah- In this instance Blasingame is negotiating for other law firms is my understanding. Whether the judge sees them individually or en masse after the Special Master makes her decision is a good question for your lawyer…

  15. Linda says:

    Im so very confused and feel awful about all the pain I see posted…My Dr. is advising surgery for me and I am wondering if the surgery procedure has improved at all in past few years? Can anyone advise me? It doesnt seem there are many options for relief without surgery but then the possible complications are so scary to think about doing anything at all.

    • Jane Akre says:

      Hi Linda-

      If you are considering a sling please do a few thing. Look up the doctor registry and see if your doc is nicely compensated by the sling manufacturer he is suggesting. There may be nothing wrong with that, but if he is being paid to teach others, he will not bite the hand that feeds…. Please look that up. Then to answer your question, mesh is still polypropylene, it is still implanted the same way, meshes found defective in a court of law are still on the market, Dr. Raz, of UCLA will now NOT use mesh and he is one of the top docs in the country. Yes, there are alternatives such as using fascia from your own body and simple suture fixes in some cases. I’m not a doctor but these are the facts. In response, your doctor will tell you not to read the internet. I’d ask him if he does?

      Here’s what women are told today about pelvic mesh
      http://www.meshmedicaldevicenewsdesk.com/myth-busters-women-told-today-pelvic-mesh/

      Here’s what True Informed Consent might look like
      http://www.meshmedicaldevicenewsdesk.com/informed-consent-look-like/

      Place your doctor’s name in these two databases:
      http://www.meshmedicaldevicenewsdesk.com/doctor-sunshine-may-want-know-doctors-conflicts-interest/

    • Linda, what are you needing to have done? Surgery for prolapse and particularly what type of prolapse or surgery for incontinence? They both have risks. Much has been done in the past few years to identify non-surgical or minimally invasive treatments for both. I had prolapse ( cystocele, rectocele and perineocele) , but never incontinence. Others have both. They BOTH require extensive discussion before surgery is ever an option. There are some new laser treatments for incontinence, plumpers, etc that have helped. Correction without mesh is entirely possible and to me far more preferable. My prolapse progressed over a three year time frame to ultimatley a stage 3. I had done quite a bit of research and went in to my doctor with the desire to try a pessary ( this is a fitted piece that is inserted to hold up prolapsed organs. My doctor said that I would not like it, I would have to come to the office to have it removed and cleaned and that since I was so healthy she would do the posterior and anterior mesh repair and I would be back to hiking, kayaking, gardening in a blink. My current treating doctor told me that. I could have cleaned and inserted the pessary myself just fine. But, I trusted her. She had been my doctor for more than a decade. Well, its been a long blink to say the least. Even surgery using your own harvested graft can have complications, but in different ways. . Any abdominal or pelvic surgery can cause post surgical pain, scarring, adhesions. Knowing what I I know now, here is what I would need to know to make a truly informed decision. 1. Is there a pelvic floor dysfunction,chronic constipation, other overlapping pain conditions( interstitial Cystitis, TMJ, Fibromyalgia) that could make me more likely to develop post surgical pain? You need to have a pelvic floor work up and pelvic floor therapy if there is a problem BEFORE you have any surgery. 2. Make sure your doctor does a complete urodynamic testing. It is a rather humiliating process, but not nearly as humiliating as taking everything off from the waist down to be examined multiple times a month for the rest of your life. i told a friend that if I was walking down a street in town and someone told me to take everything off from the waist down, I would do it just out of habit. HA. A friend of mine went to a new doctor to see about her SUI and he immediately scheduled her for surgery, no testing, no other options and that was just LAST YEAR. Thankfully, I talked her out of that decision, she is seeing my urogynecologist , and is doing great without any surgery at all. 3. I would want to know how many surgeries the doctor has performed and what his/her complication rates were. Studies have shown that those doctors with less experience have more patients with complications. An intersting point here is that a physician may say they are not aware of any complications,but they may not be doing the follow up with the patient. I was referred to my treating doctor soon after the mesh implant. He treats my complications and manages all of my routine annual mammogram, annual checkup, etc. Yes, my gyn who did the mesh implant said she didnt have any complications because she passed me off to someone else to manage the mess. 4. I would never have surgery without a consult with a urogynecologist. They have different training in that field and I think they have a better frame of reference. That doesnt mean that urogynecologists don’t have complications,they just have different skill sets. 5. If a surgeon tells you this mesh is “new” and “improved, run like hell and dont look back. 6. If your doctor will not give you a full and honest answer to every single question you have, run like hell. By reading this site, you should be able to gather some pertinent and pointed questions. If he/she pats you on the head and says dont worry, be worried….and run like hell. Ask your doctor if he is a preceptor for the medical device company. This should be revealed of course,but usually isnt unless you ask the question.
      The last piece of advice may not make sense to you, but as the surgery approached I was just uneasty about it. im a pretty decisive person, so that isnt my normal thinking process. Also, the night before my surgery, my daughter called me and said she had a bad feeling about this surgery and that I should not do it. I didnt take my own negative gut feeling and my daughters intuition seriously. i should have stopped the train. I had a significant bulge between my legs, but, really, it could have waited. So, Linda, I advise you to proceed with an abundance of caution. I understand that you feel that your quality of life is impacted by your prolapse or SUI, but for some , mesh has taken away any quality of life. You are wise to ask questions, wise to take your time. This is not a surgery that can be reversed without brining on its own set of complications. So, study, read, ask….and get some new running shoes just in case you need to RUN LIKE HELL.

    • Pat says:

      Please don’t do it.Mine took 8 years to really cause major issues.I noticed small abnormal things going on that I attributed to aging and menopause.Then I started getting horrible itching rashes that went systemic.Hair loss,swelling.tremendous weight gain.My blood pressure which was always low went to 230/130!!!I was tested for so many things,that did not show the cause.Finally,out of frustration and concern,i demanded that the mesh TVT be removed just in case.It was found to have attached to my colon and adhered and cut into my pubic bone.Took 4 1/2 hrs of surgery to remove.That was an additional 45 minutes just to remove scar tissue and adhesions.Foreign body response with severe inflammation!!!!.After surgery ,my body tried to rid itself of the inflammation.Dead inflammatory cells were actually pushing thru my skin.Almost 3 years later,I still have tremendous scarring from rash ,Rash flares are not very frequent now ,but are mostly on head and cause hair loss.Lost 35 lbs after inflammation started subsiding and blood pressure normalized.This will be with me forever,but so much better since removal.Follow your gut instincts,if you don’t feel comfortable about the procedure,heed the warning.My doctors agree that it very well could have killed me with its complications.Women,demand your doctors pay attention.Thank God mine listened to me

    • Kath says:

      I have had the mesh removal surgery, and it went well. Didn’t change my incontinence, but overall I have had less UTI’s since this. Still painful to have sex, and hard to lead a normal life sometimes due to the pain or distance of a restroom. I just wish this lawsuit was behind me. I am trying to get on board with the fact that this is the new “normal”.

  16. Anon says:

    S S: I had to go back to my comment to reread what I said. Obviously, you misunderstood. I did not mean that our politicians can/will literally plead/try our cases. Only our attorneys can plead/try our cases in a court of law. Our politicians are the perfect instrumental figures for cutting through the Red- Tape.

  17. Janet says:

    Jane, my question is if a woman has 2 cases against J& J for 2 separate mesh, will these be considered as 2 claims and evaluated as such? Or will they try to lump all together?

    • Jane Akre says:

      Janet- There is no way for anyone except your attorney to answer that question. Have you seen your complaint? If your law firm talking to you? If you had two DIFFERENT manufacturers, generally that means two different lawsuits, so logically that would apply when the manufacturer is the same……You need to know from your law firm whether or not you are even in this grouping. Blasingame is settling cases for some other firms…. find out. You deserve to know!!

      • Janet says:

        Thank you Jane, you provide a much needed service for us injured women. I have received a letter regarding my injuries for the special master to evaluate. I had actually 4 mesh products, a TVT-O by Ethicon, a Gynecare Prolift mesh by Ethicon, a Cook product, and a AMs product. I would think since It was 2 seperate surgeries to implant each device from J & J that it would be considered 2 cases against them, Thanks for advice I will ask my lawyers.

      • Babs says:

        Jane and everyone- What does anyone have to say about Motley Rice?

        • Anon says:

          I would like to know also. All I had is be glad they are your firm. But they never update you on what’s going on. Asking them is like pulling teeth, and then they act like you are bothering them. Scared to make them pissed, cause to many years in to start over with a new firm.

    • Were your cases filed together or seperately? Im just speculating that if you have two case numbers they should be handled as individual cases. I had two cases, but, as Jane noted, there were different companies involved. If both are J&j, it might be in your best interest to be litigated as one if the combination of the two as far as number of surgeries would put you in the highest paying tier. For example, if you had one implant in place with medical management and/or one revision surgery, you would be in one of the lower tiers, but if you had the second surgery as a result of the failure of the first, that would put you higher and even higher if you had another revision surgery after the second implant. I have knowledge about three different settlement tiers and there is a big jump in award money if you have more than three surgeries. I imagine your attorney has already determined what will net out more in the end. You do absolutely deserve to know. I doubt that they will give you much information, however, if they are in the middle of negotiations or if they have recently. come to an agreement for fear that some of the information would leak out and the defendant would be mad and cut off settlement talks or back out. They take that confidential part very seriously.

  18. Janet says:

    Will these injuries be classified in a tier as with AMS?, if so do you have a link to it? Just wondering what to expect. I’ve been permanently damaged by it.

    • Barb says:

      Janet, I believe at on time the tiers for AMS was published however I believe an attorney for AMS asked for it to be taken down! I have AMS however I’m not willing to reveal their pay-out tiers with injuries, I hope you understand.

    • Barb says:

      Janet I can tell you all you will get compensated for are number of surgeries, infections, abdominal pain, unable to be intimate. They look at all your injuries I too have nerve damage however was not included neither was the pain meds. You at some point down the road receive a Verification of injuries just really pay attention to wording. It does not seem fair but they are not going to compensate us that we feel!!

  19. laurie says:

    Hi jane I just found your website and was wondering if you had any
    knowledge of attorneys bryant fitts. And parilman and associates.  I just
    retained them as I had mesh sling done last October and have been in pain
    and infection since. I already had a sling release but now I am having to
    have it all removed in 3 weeks. I haven’t been able to find much out on
    them as attorneys I was wondering if you or your readers have any knowledge
    of them. Thank you, laurie

    • Jane Akre says:

      Laurie, I’ve not heard of them, sorry. Just curious what you were told by your implanting doc to convince you to have a sling? Not blaming you, but just wondering what you were told. …thank you. You can respond privately if you prefer janeakre@meshnewsdesk.com

      • laurie says:

        I was told I had a stage 2 prolapse and since I was having a hysterectomy done that if I didn’t do something about it my bladder would basically fall down further because there wouldn’t be any thing to hold it up so he wanted to do the sling at the same time as the hysterectomy. He assured me it was just a small sling nothing major like I seen on tv. I should have waited and seen if that was gonna happen but I didn’t want to go through surgery twice but now I’m so messed up can’t urinate on my own half the time. Sex is horrible. I’ve had nothing but infections and pain. I had the sling released 3 weeks after the initial surgery but that has still given me no relief. I now have a new dr whom says he wants to remove all the mesh he feels it was incorrectly placed and placed to high which is why urinating is difficult.Also that I have nerve entrapment which explains pain in the leg and buttock. I really wish I never had this done. I’m scared about removing the mesh as he told me a 50/50 chance of leakage and other problems but I can’t take the pain anymore.

        • Jane Akre says:

          Question for new doc- How many full removals have you done? not partials full? How do you know they were full removals? Did you measure the mesh removed and compare it to the original length? Can you do a bladder tact without mesh? Do you do any surgical intervention without mesh? We already know you are having reactions, its likely he might put in another mesh. What are the chances your foreign body response to the mesh will cease? Ask your new doc if he is in a financial arrangement with any particular manufacturer- does he take consulting fees? Travel on their dome? Is he a preceptor? I hate to see the new doc experiment on you if he is not an expert, and few are. Let me know privately if you prefer janeakre@meshnewsdesk.com

          • laurie says:

            Jane I have asked several of those questions. His answer on whether he will be able to remove absolutely all is 50/50. He has done many successful ones he said but he has also got in there and felt done removals weren’t worth the risk. He said the problem is he’s kinda going in blindsided in where last doctor placed my anchors. So that means exploratory. He has told me the first procedure I had done is one of the worst because it was a socrocolpopexy which is more unnatural suspensions. He said he will not put any mesh back in. He is gonna let me heal and then wait and see how I feel. If there is bladder leakage he said there is other options besides the mesh. These of course are just the things he has discussed with me. He does know I have just retained an attorney due to this.He said he has worked with quite a few locally. I don’t know if that’s good or bad. I just know my options are limited and I’m in pain all the time because of this stuff.

          • Jane Akre says:

            Laurie- I’m glad your doc isnt turning his back because you have an attorney. I’ve heard far too many stories of doctors doing just that.. Does he use ultrasound? Some swear by it, others like to explore without it. I don’t know where you live, but as a non lawyer, doctor, I’d certainly suggest two or three opinions just to make you feel better….

          • laurie says:

            Jane, thanks for such quick replies. Iv tried getting help on other sites and no one replies. Lol. It’s frustrating to say the least. As for the ultra sound I have had a few but he said there not really that helpful. He said the best option is to go in vaginally. He said honestly it’s the best advantage point with the least risks associated.I feel he’s being pretty honest on his part. I am actually a little more concerned about if I have a good attorney or not since I really can’t seem to find to much on them on the internet. Not sure if it’s a good thing or a bad thing. I am in arizona the law firms are in Houston and san diego . So all contact has been by email and phone. My doctor has to face me and have conversations with me so he’s a little easier to gauge on the trust issue. Also he is my 3rd opinion. My second opinion I was told that this needed to come out also but conveniently they no longer took my insurance after I said I was looking into getting an attorney.Of course I wasn’t notified in writing of that. That’s just what they told me when I called to schedule my follow up with him.

          • Jane Akre says:

            Please keep all of your medical records, make copies, in case you need to change firms. You should have them regardless. Sounds like your doc is being honest, …can you find a contact person at the law firm, someone with some maturity and knowledge not a ten dollar an hour paralegal. (nothing wrong with them except sometimes they make outrageous statements that are not true, I’ve heard)

          • laurie says:

            I am in contact with the one firm but they are of course not the lead firm.They are the 4% firm. Lol. I sent email to the lead firm a couple days ago I am gonna actually call them tomorrow and see if I am able to speak to an actually somebody who can answer some more questions I have. I’ll let you know how that encounter goes. It’s just rediculous that you have to go through so much distrust and loops to get heard.I think they think we are like cattle and just herd us through without any thought or real concern. I understand there are alot of frivolous lawsuits out there but NOT all of us women are them. This procedure and this product has literally destroyed my very being.I or shall I say we depend on our drs to have our best interest at heart but unfortunately that’s not how it is.

          • Jane Akre says:

            Tell them you’d like to do a story with Mesh News Desk. Suddenly you will have their attention! NoT IN A GOOD WAY, BUT they will pay attention to you.

          • laurie says:

            Jane, I will do that. Thank you for all your advice. I really appreciate it. I will post to let you know how things go.Hopefully they are responsive. I feel they should be if they truly care about their clients. I know if I was a lawyer I definitely would want a face and story to go with each and every case. But that’s just me. Definitely was very open that I wanted an attorney that didn’t see me as a paycheck. I was shocked when I first started to look for an attorney and found you go through a screening process where most of the people I spoke with could barely read the questions.So when I was in search I actually got in a few arguments with screeners because I felt I deserved to speak with someone that had a degree behind their name Not some one with broken English and no legal or medical knowledge. I’m not meaning to be rude about others nationality but I was just uncomfortable with most of the tactics these lawyers are using to screen women for these cases.I never fathomed I’d be in this situation but now that I am I definitely want to make sure I am making the most informed decisions going forward. The internet is such a huge place and there really isn’t a one size fits all solution to everyone’s questions and problems. I’m glad I found your site. It has been great reading so many others story’s. And of course I am grateful for your actual response.

  20. Hope says:

    I have had 13 surgeries to date. I had 4 different j&j ethocon products. I have had as much of the mesh removed as possible. I have had two fabulous doctors in my journey to be mesh free. The first doctor, my Angel, Dr Peggy Norton from the University of Utah made it possible for me to be able to sit again. The second doctor that I was so blessed to find is Dr Raz at UCLA. I too shall never be pain free, I now have nerve damage, shortened vagina and painful intercourse. I don’t quit know where I’m going with this, except to say it has been along time of not being the person I used to be . That person is gone. I now have to come to terms with this person that mesh has made me. I try to find some joy in each day. I have a wonderful husband and family that are there for me. My husband understands more than anyone my day to day struggles of getting on with this thing called life. I still have tired days, I still don’t sleep well at night. I have to be aware of the surfaces that I sit on and the weight I try to lift. I want more than anything to be able to go back to December 2008 and have a do over. I wonder if any of the people from j&j have mothers, wives or sisters who wish the same thing or are they so insignificant in this companies quest for money that they have been swept under the rug as well?

    • Jane Akre says:

      Thank you Hope… you express yourself beautifully… you are right about the families who are brought down with mesh complications…. this is a family issue!

  21. Mindy says:

    I would love to know what the link is for the cases being held in GA thanks

  22. Anonymous says:

    I had gynecare TVT mesh, Two removal surgeries. I am on disability even after mesh removal. My case is in NJ courts. My attorney told me he expected settlement soon. That was two months ago. If anyone that shares what I am going through wants to talk please reply here. I am seeking to start a support group as I feel very alone in this nightmare.

  23. P says:

    Hey we all need to understand – anyone who got a multi-million dollar settlement has not received any money – and will probably not for years, and when they do, it won’t be for that amount. There will be appeals, court dates, etc each taking months to sort out. Plus the % to their attorney (30-40%?) + attorney costs, and until the settlement is set in stone, the attorney is still on the case, billing. It is in no way a ‘done deal’, they got this, why can’t I. Please don’t compare your settlement to anyone else – we are all in this together.

    • Jane Akre says:

      You are very smart, thank you also for being very kind.

      • P says:

        Well I think we all have become
        ‘experts’ to some extent (unfortunately).I filed in 2011 and had three surgeries
        to remove it. Five years later I am still
        waiting… at least we have each other 🙂

  24. Sick & Tired says:

    Now all I have to do is actually get an answer from my attorney. Hurry up and wait some more!

    Thanks for all you do, Jane 🙂

  25. Georgia Kelly says:

    I received two letters from my attorney, but have not received offer of settlement from them. It’s been 2 months now. Just wondering what the next step would be. My attorney is Potts law firm.

  26. Georgia K says:

    Thank you Jane

  27. Mystified says:

    I signed up with Bailey Peavy 3 years ago. I could never get them to call me back when I needed to inform them of 2 additional mesh revision surgeries. There is only an intake center. The intake center has no information, they only forward requests to the lawyer to contact me along with request to add additional surgeries. I have called the lawyer directly several times, emailed and done the instant chat on the website….every time I am told someone will get back to me but they never do. I just want to know my case # and where it is being tried. I have tried to search my name in the trails to no avail. Then in Sept. I get 2 pieces of mail. One that I will be represented by 2 additional law firms and my signature is need to accept my information being shared with them but no extra costs would be incurred to me. This mailing had no case or contact information on it. The second mailing was a pre-settlement verification of surgeries, injuries and any possible lien information. It lacked the additional surgeries I had reported 1 year ago. This paperwork had no case number on it, only a call center whose website lists AMS litigation, mine is Ethicon. The website seems to be a recycle of what had been used for the AMS settlement procedure. I have called all 3 law firms, emailed and chatted their websites. The call center only has people that give generalized answers but don’t know of my case # or state of trial. My name doesn’t show up anywhere…..I’m glad I got some paperwork but so mystified as to this process….

    • Jane Akre says:

      You are being treated as though you had entered the Publisher’s Prize Sweepstakes….. this is not professional behavior. Depending on your state, you can call the Bar Association and send along what you have here. Ask if they can get in touch with someone at the law firm. See if that doesn’t get their attention. The other thing you can do is send them a letter saying you no longer need their services and fire them for their reprehensible representation. Of course, I’m not an attorney and have no idea the degree of injuries you suffer and whether or not it would be difficult to find another law firm, but this is really unacceptable.!! At the very least, I would contact the Bar Association in your state, find a person to talk to, and let them know what’s happening…….Just my opinion. Have you looked up your case in the MDL? Do you know how to do that? janeakre@meshnewsdesk.com I will walk you through it…. but basically go to so district of wv. Click on AMs ( I”m assuming you have only one mesh) and go to numerical listing of cases. in the upper right hand corner, put in plaintiff so you can search by your last name. Let me know if that helps … we are anxious to hear your next step!!!

      • Mystified says:

        I actually have 4 meshes all Ethicon and in need of another corrective surgery. Although I reported to the intake center the 4th surgery before it took place, I was never contacted about keeping any of the extracted mesh. I have reported the 5th upcoming surgery then postponed it due to the fact that I’m still paying off the copays on the last two and the Hospital required $5000 copay before 5th surgery.I still have not heard from any of the 3 law firms and no additional paperwork sent to me. I have searched endlessly per your instructions and still do not find my name anywhere. I have contacted the Bar and hope to have more answers soon.

        • Jane Akre says:

          I find it totally unacceptable that you hear nothing from your law firm. Are you sure they have your contact information? (stupid question I know). The state bar is a good place to start…..I’m hoping that Judge Goodwin comes to understand that in his MDL many plaintiffs have no idea what is happening and their law firms are playing a numbers game, passing them on until there is a number, the first number, which they expect you to grab (so they can be paid). It sparks a story idea- just what can/should a client expect from his/her lawyer regarding contact. What is considered NOT professionally acceptable behavior and what can a client do about it. I know many of you are in this position. I will post a story to start the conversation and so some research. I”m sorry….

  28. Undisclosed says:

    Why is J$J leaving amount undisclosed? I am the first 2000 women to file with tremendous and severe problems. My lawyer has 27 counts against this horrible ordeal! What does that mean for me? I can’t have it remove, the material is coming out! It led to divorce, mostly the pain and sickness I have daily is indescribable!

  29. ANNA M says:

    Just checking in to see if there are updates in my tvt-mesh nightmare…

    Any thoughts as to when i may get a disclosure packet? My attorney hasn’t said anything definite yet…
    thanks
    Anna Daniel

  30. SF says:

    I have been waiting for years for settlement, have gone through more pain and aggervation than imaginable. It has taken my normal life style way from me, children,grandchildren and fiance. I really wish my case would settle already. I have had surgery and still in pain. Why is this taking so long to settle

  31. SF says:

    see above, i’m from luzerne county Pennsylvania, is there any way to find out more information. I keep in contact with my attorney he said i’m a tier 3.

  32. PW says:

    I signed the settlement papers and returned them, I still haven’t heard if everyone agreed with the terms of their settlements , we have to have 90%, and my lawyers say they can’t find that out..Motley,RIce got the settlement for my legal team, Simmons( I didn’t know another lawyer could step up and do this, so why do I pay Simmons?) Am I been given th run around?

  33. Chris says:

    I have watched my wife suffer like no other! This has taken a huge toll on our marriage, etc… You name it, she’s going through it! Lawyers agreed to use special master. This is a joke! We received paperwork and amount in January 2017, it was like a slap in the face! I can not believe after the pain and everything else that she has gone through that they can sit back and allow this to happen. Be careful people about the law firm you choose. They are the ones who are being compensated! Not these poor victims like my wife. Our attorneys aren’t even taking our calls or returning calls. Its really a shame that this can happen in the United States of America!

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