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Judge Goodwin Calls for Pelvic Mesh Settlements as Lawyers Gather in WV

Judge Goodwin 300 from WV Daily RecordJudge Joseph Goodwin has a problem.

With more than 72,000 federal cases filed in his court, consolidated in multidistrict litigation (MDL), he knows there is not enough time for these plaintiffs to ever see justice.

The MDL was never intended to deal with a class of plaintiffs this large.  So what to do?

Judge Goodwin has called all lawyers to Charleston, WV, the federal court where thousands of cases are consolidated. February 5, and 6, will be the judicial version of a “come to Jesus” session to reach some reasonable settlements and bring justice for the thousands of waiting women and do it now!

Woman are sick and need immediate financial help for revision surgeries, to save their homes and what little they have left after being debilitated by pelvic mesh implants.  Finally – do the right thing, he will suggest, instead of spending hundreds of thousands of dollars fighting a losing battle in court. 

With $100 million in jury awards so far for the plaintiffs, the mesh manufacturers are calculating the risk/benefit analysis for the good of the company.

Judge Goodwin had intended these sessions to take place in January but updated the order here. 

Defendant Representatives

Charleston, WV federal courthouse

Charleston, WV federal courthouse

Called to the court are the “defendant client representative(s) with full authority to make all decisions” related to each of the MDLs.  He will meet privately with defendant client representatives as well as the plaintiffs’ representatives.

On Friday, attorneys for both sides of each MDL will be required to attend “breakout sessions” to further consult and come to some consensus.

Will the defendants be willing to negotiate or will they instead move to push Judge Goodwin to step down from this litigation as some have suggested? How do stockholders feel about the ongoing litigation with unfavorable outcomes for defendant companies – C.R. Bard, Ethicon (J&J), Boston Scientific, Covidien, Cook and Coloplast?

The judge let his feeling be known last December at a hearing in Charleston.

“I can’t imagine a corporation facing potentially billions of dollars in verdicts wouldn’t find it advisable to try to achieve a settlement for a much lesser sum,” said Judge Goodwin.   “I base that billions of dollars of business on some of the rather large verdicts that we’ve had,” reports Bloomberg.

And there have been large settlements – $73 million in damages to one Texas woman implanted with a Boston Scientific mesh (later reduced to $34.9 million); $3.27 to a woman who had a J&J mesh; $26.7 million to four women whose cases were consolidated in a Miami federal trial against Boston Scientific. $18.5 million to four plaintiffs in Charleston also in December of last year. A few of these  cases could cause a company to go bankrupt, comments a product liability law professor Carl Tobias to Bloomberg.

BTW- no amount of money will ever make a person whole who is permanently damaged from pelvic or hernia mesh.  There is no price that can be put on health.

Some settlements are beginning to occur. Endo agreed to $1.3 billion to resolve most of its case; Bard offered $21 million to settle 500 lawsuits.

The company notes it is facing “significant financial exposure” with the remaining claims.  #

150 Comments

  1. Jane Akre says:

    Some quick math here. For J&J alone- $70 billion a year company. If each of the 30,000 pelvic mesh cases receives $4 million (half going to law firm) that amounts to $120 billion in settlement dollars to the company. (Plaintiffs- if your law firm says they have “expenses” make them produce proof!)

    • evy says:

      Thanks so much Jane

    • Shirley says:

      Thank You Jane for the updates as always you have kept us updated more so than our own attorneys and cannot comment very much due to privacy but no amount of money will ever bring back my health nor other women who truly have been victims as well.

      • Tamara Snell says:

        Yes, having only heard from my attorneys a handful of times over the course of 4 years has been extremely frustrating. Praying for a resolution while I am alive.

        • candy salvo says:

          Mrs. Jane has been my only life link information ,surely not my lawyers , Thank You so much lady! also I would like to say I’ve never saw a letter from my lawyer charging me for phone calls, faxes , paper, website, pencils, and the charge’s go on and on etc. ITS AWFUL THAT IN THE BEGINING THE LAWYERS DONT TELL YOU ALL THESE THINGS ITS ONLY WHEN YOU SETTLE!

          • janet says:

            Jane…thank you, I agree you have been there ..I received know information from my attorneys office…but I can tell everyone this i will not settle for nothing either. .Boston scientific knew what they were doing..I am so so damaged for the rest of my life

            I will never use anything of that company ever…they have done this twice now…sham on this company. .and they still want to fight

            They should have to pay all the attorneys fees..I would not have to have one if they would have left this stuff off the market the first time

    • cathy says:

      Thank you Jane!

    • Jane Akre says:

      There are settlements that are being discussed in Charleston but without being there I’m uncertain just how much weight the Judge’s urging will have on actual settlements….. stay tuned…

    • janet says:

      Boston scientific knew what they were doing with this mesh. ..they settled lawsuits when it was protagen …they knew they were butchering us….I have had 2 surgeries facing 2 more..a lot of damage I will never be the same..I want to know why they did this to us..

      I have lost my home..my vehicle

      .my personal belongings. .trying to stay a float since I can no longer work full time. .my child did not have a graduation from high school because I coul not afford it..I had a good job…I want answers …why the fda let them do this again. .

      we need this over..I have so much anxiety and pain I hate living this way..please do the right thing come clean and apologize for your company. .but let’s get this over with

    • janet says:

      I will not settle with 6000.00 dollars. ..I have already lost my home my health. .my child had to put up with all this..I know longer can work like I use to..I had to take out a loan do to trying to get things paid off.if I had the job that I had all this would not have happened. .these manufacturers are crazy they butchered us and they know it..I am in my 3rd surgery trying to get this stuff out of me…o have bills because of them just like all these other women. ..they really need to get busy with some good settlements…this is the 2nd time that Boston scientific has done this..they knew this stuff was bad..but yet they keep on butchering women. .why I do not understand. .please take responsibility for what they have done. .why waist money fighting something you have done twice does not make since..I would not even need an attorney if they would have taken this stuff off the market and left it off instead of changing it’s name from protagen to transvaginal mesh. ..thanks for butchering us women

    • janet says:

      Looks like from the way it is stated is that there is time running out for these cases. ..that is so sad for us women that have been damaged and butchered buy the manufacturers. .if judge Goodwin can not make them maybe it’s time for the supreme court to step in…I believe Boston scientific needs to be fined big money for letting this happen a second time..why, I would like to have answered by that manufacturer. They took our health our life away from us..we will never be the same..but yet they think it is ok…I would never use any of there product ..women wake up, they need to pay for what they have done…judge Goodwin please do not let them get by with this…send these cases over to the supreme court ..we have already lost our health

      • Nora says:

        Is there any one who cares in Illinois.Chicago area. I need help just had prolapse surgery , in osin kaying here..cant wk. Single mom. I oray God’s. Guidance n wisdom n fairness. I had a revision n after bladder. Sling. Too systemic. Infection and reoccurring Uti.

    • janet says:

      Jane..

      I wish these manufacturers would have this material implanted in them..then they could walk in our shoes for awhile. ..I wonder if any of these manufacturers would let there daughters are wife’s be implanted with this crap..

      it’s a scarey thought by do in g some of this reading that they might get away with butchering all of us…I have contacted different media to see if we could take this to higher to get our pain out there..

      I really do not understand how these manufacturers can sleep at night knowing how the butchered so many women. .I have been in this lawsuits for 7yrs..I have had dozen of procedures and had to be car derived for bleeding many many times that is very painful. .I have had 2 surgeries and headed back for another one…why are these manufacturers not standing by the product that they made..they have butchered so many women. .shame on these people. .they need to come clean and settle there mistake let us try and get well. .they are still causing us pain and depression and alot of anxiety. .do we need this in higher courts can the supreme court handle tjis..we really do need more media on this stuff..it’s toxic we do not even know if we will not end up with cancer from this stuff. .please help how can we get this more in the media. .

      • Renae says:

        I did end up with cancer!!!!! My life has only gone down hill since the mesh implantation.!!!!!

        • janet says:

          So sorry to hear that renea..I pray to God everyday that we will finally see an end to this lawsuits. ..I was always taught to stand up to your actions and always tell the truth. .wow..makes me wonder how these manufacturers attorneys and there CEO ‘ have been raised. .there are 70 thousand plus victims out there..we all have the same issues we do not know each other…so what is these manufacturers problem. .we need to take care of our lifes and be able to get back on our feet..but they are making us suffer even more by keeping this Going

          I just pray that God would touch there hearts and do what is right by all of us…stop wasting money on fighting just to loose again and

          again. .we all need this over…please judge Goodwin, make them pay for our pain and for taking this to long in the justice system. .

          again. .

          • Renae says:

            I pray everyday that justice is done. I can’t imagine how I’ll feel in another 4 1/2 more years. A nurse asked me to fill out a mental health questioner….when I was done, she looked it over and said ” Do you really feel like dying everyday of your life?” I answered ” yes, and you would also if you felt like me everyday! “

          • janet says:

            Everday I pray this will be over with. .so just maybe we all can lay our heads down and say thank you to God. .This has been a very long journey for us all…we have all been injured and we have all lost so much from these manufacturers. We are all trying to live with the surgeries and pain loosing our homes , and family members do to the pain and emotional roller-coaster that these manufacturers have and still are putting us through. . We are all wondering when will we see justice come our way..Please hold on do not give up we need every woman that has been injured and butchered with this stuff to help the fight. ..

            Maybe it’s time for all affected by this to push letters and any of the media to get our stories out …we need voices. .there is not media telling what these manufacturers are doing to us now..but what they have done to us also…so if they want the roller-coaster ride let’s do so..

        • Jeanie says:

          I am sorry to hear I am scared this will happen to me God Bless you

    • Nora says:

      Please help me Judge, i am so lost, i am in the hospital now, with prolapse..justhad surgery. Today. Bladder sling put in 2005,i had reoccurring UTI´S ,A REVISION. IN 2005 , BLED A YEAR AGO peed blood ,ENDED UP IN hospital with systemic. Infection. Stayed in hospital. Prolapse..rectocele. I lay here in oain n AFRAID. Im a single mom . lawyers of a furm working with another. Law firm saying they take 45% plus fees of copies.calls. med records.i need God’s. Help n an honest counsel

    • min says:

      I so agree! I feel they have totally took advantage of people in this case!!

  2. Hal says:

    The problem we all have is that J&J is the ONLY one of these defendant manufacturers who can even THINK about global numbers that big. The rest are only $12 billion companies.

  3. paula says:

    My mom deserves some sort of life…. 6 years still no help…

    • janet says:

      Paula.

      The sad thing is I just read were the courts are running out of time in settling our cases..

      I believe now this has been nothing but the run around with our lifes

      Boston scientific. .I will never use any of there products, devices,

      They have gotten away with butchering us again…

      We have lost everything.

  4. candy says:

    I recently settled for pennies , how can i get legal advise to get my lawyer to sent me the rest of the settlement there holding on to, when I did the math on what AMS settled for I knew right then I was being (robbed blind) by my lawyer, I’m lost I don’t got anymore fight left in me at point!!!!

    • Terri White says:

      Candy the money you say your attorneys are holding? Is that what was held back for medical liens? After getting robbed in settlement negotiations by my attorneys.I did my own medical negotiations. Although I had to pay for A firm that my lawyers hired to do the negotiation of medical bills. I realized quickly my attorneys nor the other guys had any interest in what was considered my money. Had I not intervened BCBS would have gotten 8 times what was due. Please be vigilant, tell your attorneys to not issue any checks without your approval ! They have gotten paid and I can assure you they have know interest in you now.If your case was anything like mine. you were only a number to began with. My case was settled a good week before I even new. I read about on the internet.

    • The judge is absolutely for helping to save manufactorers

      • janet says:

        Candy, so sorry to hear what happened to u ..I was praying that these manufacturers would be honest and our attorneys. .but I guess that’s far from the course..

        Wo was your attorney did u have surgeries. ..an why did u settle with them..

  5. candy says:

    I would give the world to speak with judge goodwin!!!!!!

    • Terri White says:

      CANDY, I would love to speak with you ! Please email me at smileycc@yahoo.com. If what you have posted is truth I maybe able to help. We are not the only ones that have been represented unfairly ! Sadly as if mesh didn’t destroy our lives. The very ones we thought would help recover some of our loses. Have done far worse !

  6. v griffin says:

    Don’t think for even a second that I will settle for pennies I will get what everyone else has been awarded I don’t feel sorry for these companies (mine is coloplase) they knew this was a bad material and they chose do continue selling this for there profit I’ve had mine since 2007 have must profit have they made for 8 years I will keep mine in court for the rest of my life and they can pay the pricey attorney or they can pay me for my life is a tragic matter and they need to either pay us upfront are they can pay all our medical bills and lost wages. They made this record we are only playing it back for them

    Eye for an eye tooth for a tooth. This had ruined my life. How many of the companies family members have this implanted in there body?

  7. Louise says:

    Does this apply for Canadian Women? Will we wait 12 years to get our money, like the Vioxx lawsuits? Many will be dead by then.What about the problems we will face later on in our lives? Can’t you, at least, tell us a Year, that women will get compensated? We need HELP, NOW, not in 12-15 years..And, what about our Families, who sees us in pain ,they should also get money…Please Help all women out there !!!

  8. T.M.M. says:

    What if your suit is out of a different state? This is Federal, would this apply to ALL pending cases?

  9. Thank you so much! Jane, you have been a Godsend.

    All I know is that Khercher and Williams from TX advised me that I did have Ethicon and I am part of the class action lawsuit in WV.

  10. Angry says:

    It is not really a class action am I correct ? And ladies please keep in mind, we have the rest of our life, how ever long that will be, to face what residue health problems will surface. Who pays for that? If you are one of the lucky ones to get medical help, the second they become aware you received a settlement, that will be the end of medical help. Think it out and just because you have a legal team, as some found out the hard way, does not mean your in their best interest…Stand up for what has been wrongly done to you, Fight for yourself here, Not going to get a second chance.

    • Jane Akre says:

      Its multidistrict litigation which consolidates cases like a class action, but it awards people individually based on their injury, not an equal slice for each participant. AND, this is important, it’s supposed to reduce the costs to plaintiffs- therefore the expenses should be reduced, not billed at full retail, in my opinion as a nonlawyer.

      • Lorri says:

        I totally agree; if a law firm has several hundred to several thousands they should only receive no more than 25% because they haven’t filed each and every case, and if they failed to sit down and have a one on one with each client they shouldn’t get a dime!

      • Angel says:

        in the settling documents..they are keeping 5% and asked to go into the MDL account. why is this 5% coming out of my money? this is to anyone that may know the answer. please email me it’s easier for me to locate information that way my email address is angel skytrain at Gmail

        • Jane Akre says:

          Seems as thought the mdl funding should come from the manufacturers, not those harmed. When you say They are keeping 5% who are you referring to….

  11. Karen says:

    Jane, God only knows where we would be with out you over the past four years. So many would be totally lost.

    • Jan Urban says:

      I now see why our stories of the devastating, debilitating effects Pelvic Mesh has caused all of us is suppressed in the main stream media. J&J advertising $’s says it all. Commerce over the Life, Health and Welfare of Human Beings!!!!! Thank you Jane. Jan

  12. Robert says:

    if J&J can spend 24 MILLION DOLLARS A DAY ON ADVERTISEMENT they have plenty of money to settle with. If you have good products, you don’t have to spend that dern much on advertisements! I’m sick of them talking about breaking a company. They have plenty of insurance,they have plenty of cash in reserves and they can hit the share holders for a little too!!!

  13. msm says:

    There is NO Break-out session for AMS.

    AMS has NOT settled the majority of its cases. Negotiations are on-going .

    AMS has agreed to settle but not for any amount and under no time limit (except for a small % of cases). They have set aside $1.6 billion to satisfy the SEC but that doesn’t mean they have any intention of paying out anywhere near that amount. Have they just “agreed to settle” to avoid the scrutiny of Judge Goodwin and to fly under the radar of the justice system?

    I’m sure Judge Goodwin is much too sharp to allow this to continue.

    • Jane Akre says:

      Sharp he is… no doubt. He’s great to watch in action. He totally gets what is happening as a casual court observer.

  14. Sandy says:

    May be its time for sanity to come back into our worlds. J &J may have the most money but that doesn’t mean the rest of the companies can’t be made to pay big also. They have insurance for these things and maybe they will have to take out loans to pay for their mistakes. Just because my evil demon isn’t J&J doesn’t mean I have to take pennies. I am hurt just as bad as many others and I know how much I need to handle a permanent disability for the rest of my life! I am not about to sit back and say ” oh I didn’t have J&J so even though I am hurt as bad and maybe even worse I still have to take less—HELL NO!!!! AMS IT’S TIME YOU AND I VIA MY ATTORNEY TALKED! You have taken my marriage, my family time, my ability to be active like I use to be. You have taken my home, and everything I held dear. You have taken years of my life and there is no end in sight as to how many years I will live in pain! There is no reports or documentation on what long terms effects of mesh and nerve damage on this issue. I also have damage to the other side of my body too. You have taken my life. No amount of money can give my life, my family, my body and health back. But you can sure bet I will seek damages that are just as much as J&J can pay. Maybe your stock holders will have to sell off, may be you will have to go for loans or lay people off. I don’t know and to be honest after the last 18 days of my life I don’t care. If I have to suffer the way I have then you do too.

    I just hope some day in our history that the mesh stories are told to millions. I just hope the pain and agony that we mesh victims have had to endure will come out. I hope some day all these medical companies will have to hang their heads in shame and maybe even have to close their doors. A company who could deliberately hurt thousands of people with no care or concern should not be in business at all!!!!

    • Hal says:

      I hear you and sympathize with you… but that’s not the reality.

      If two people standing on two different street corners each get hit by a truck… and one truck is a Budweiser truck and the other is a 1982 pick up truck covered in rust… the two injured victims are NOT going to get the same result — even if they suffer the exact same injuries.

      I am NOT trying to be a bearer of bad news. But reality is what it is. AMS directors and shareholders are not going to elect to settle for an amount that puts their company out of business. I agree that they need to put MORE on the table than they have… but thinking that they are ever going to pay enough to make all of the injured victims happy is unrealistic and will only lead you to unhappiness with ANY result.

      If you don’t want to settle for less than you think you can get at trial… then don’t. Tell your lawyer you want to go to trial. BUT… with 70,000 cases filed… do not blame your lawyer if he or she tells you that your case will get to trial in 2032.

      • Lorri says:

        I beg to differ regarding some AMS cases waiting that long to go to trial because Judge Goodwin is fed up with the 10s of thousand cases filed and he will force them to get these cases resolved by any means necessary

        • Hal says:

          Technically you are correct… because the first 100 cases tried would get verdicts of $4,000,000… and the company would file bankruptcy due to the fact that 19,900 more verdicts are still to come… so the first 100 victims would be taken care of and the rest would be screwed.

          These companies like AMS don’t have 10 billion dollars in insurance. It just doesn’t work that way and no carrier would sell that much. They are not going to insure a company for more than it would be worth liquidated.

          Look, I appreciate everyone’s suffering and their legal RIGHT to recover $2,000,000 or more for their horrible pain. Nobody is disputing this.

          But you have to look at this situation like someone is opening a box of 12 cookies in a room of 400 kids. Every kid has the same right to a cookie, and every kid wants a cookie… but none of that will make 388 more cookies appear.

          The kids can say “OK, we are all in the same boat, so let’s all just get a small bite of each cookie so that everyone gets something,”… OR… they can say “Everyone demands a full cookie – so let’s draw names and watch 12 people get helped while 388 get screwed.”

          Sorry, but this is the situation. Inciting everyone to get angry and demand their full cookie from ENDO and AMS is not going to do anything but help a few people and screw a lot more:

          http://scholarship.law.upenn.edu/penn_law_review/vol148/iss6/11/

          This is what happened in Asbestos, breast implants, dalkon shield, and many other situations like this one.

      • candy salvo says:

        does anyone know how I could fire my laywer and look for another if I already received a partial settlement payment?

  15. Sandy says:

    msm so how do we get AMS to settle up?! How do we get Judge Goodwin to take a come to Jesus look at AMS . why should they be able to skirt around while others are told to step up and pay. I get so pissed off at AMS!!!!!!!!

    • msm says:

      I can only hope that plaintiffs’ lead counsel makes this clear in the general meeting on Thursday and there aren’t any “under the table” agreements.

  16. Tammy says:

    Jane, Thank you so much. You are truly an Angel. God knew our needs and delivered you. I believe Judge Goodwin understands what has, is and what these manufacturers are doing. He is far too smart to allow this to continue on this way. There is too many women losing homes family jobs and not to mention their lives. I would love an opportunity to speak with Judge Goodwin.

    • Are all of you saying we have to watch out that the attorneys don’t rob us blind ?

      • janet says:

        Jane,

        A

        You are a true blessing. .I never receive any information from attorney are there staff..and they wonder why I am pushing for information when I phone in…it’s like please do not phone us..but yet they wanted us fir clients. .I do not know if this will ever be over witj..it seems they have butchered us and still want to butcher us even more by dragging th us on..

        Boston scientific has done this twice it should he cut and dry fir 5 hem to settle. ..but here I sit 7 yrs and still know here in settlement are even in negotiations with this manufacturer. .

        to the manufacturers that are progressing and settle there negligence my hat is off to you..and I hope that you do what is right by these women. .you will be able to sleep at night knowing you did the right thing for your piece of mind and your company

        I

  17. Deborah Boggs says:

    Thank you Jane… YOU ARE ANGEL ..

  18. Tracey says:

    I have a J & J case, and was listed as a bellwether case over the summer. J & J sent an attorney to do a deposition on me and my ex-husband and determined not to try my case. Since then I have not had any rhythm with my attorney’s regading returned calls, etc. I am suffering daily with infections, etc. The specialist in my area does not think it wise to begin removing my mesh (which is insane to me), and I feel isolated. I have been dealing with this group of attorney’s for almost a year, but my main attorney’s for about 3 years. This is insane and sad. Where is our help. I thank you so much for your blog because it is basically all the information I receive.

  19. Lee says:

    I am torn about the whole deal with the speech given by Judge Goodwin. I agree the companies should be doing more to come up with amounts to settle their cases but it almost seems prejudicial to say “hey settle these cases for alot less now”.

    • Jane Akre says:

      I don’t believe he is encouraging a ten cents on the dollar approach… Obviously they does no one any good but the companies.

  20. David says:

    Judge Joseph Goodwin is not the only one with a problem – the greater mesh industry has a bigger problem (a problem so big that it could also still –via transparency, be the “end of […companies] and result in […mass] bankruptcy [filings]”*): How can any surgical mesh manufacturer continue to market their “substantially equivalent” (“SE”), 510(k) cleared polypropylene (PP) surgical mesh device,** as being fit for its intended use,*** after it and/or other “SE” PP mesh device were found defectively designed in U.S. courts; while also coherently understood by the FDA, though legislation, under 21 U.S.C. § 360c(a)(C)(ii)(II), to “[present] a […] unreasonable risk of illness or injury” to human health? (The reason why…I guess for…maybe why the FDA is still planning to…or still thinking about getting around to finally reclassify the lone surgical mesh indication for: the transvaginal repair of pelvic organ prolapse (POP), from a Class II to Class III medical device…But how to address the real-world, indiscriminate surgeon abuse conundrum: the industry’s own “gold” standard of care/the best physician practice without a “black box warning” and accompanying contraindications to prevent the “unreasonable risk of illness or injury” resulting from continuing preferential surgeon surgical mesh abuse?)

    * As stated by Carl Tobias, in the December 11, 2014 Bloomberg article: Bard Judge Says Implant Maker Facing Billions in Verdicts, written by Jef Feeley.

    ** Per U.S. law, under 21 U.S.C. § 360c(i)(1)(B), it is written: “For purposes of subparagraph (A) [“determinations of substantial equivalence”], the term ‘‘different technological characteristics’’ means, with respect to a device being compared to a predicate device, that there is a significant change in the materials, design, energy source, or other features of the device from those of the predicate device.”

    *** Per U.S. law, under 21 U.S.C. § 360c(i)(1)(A), it is written: “For purposes of determinations of substantial equivalence under subsection (f) of this section and section 360j(l) of this title, the term ‘‘substantially equivalent’’ or ‘‘substantial equivalence’’ means, with respect to a device being compared to a predicate device, that the device has the same intended use as the predicate device….”

    — As there is NOT a significant change in the materials between “same [510(k)] intended use” POP/SUI indicated PP surgical meshes, cleared to market as “SE” to hernia indicated mesh devices–also not significantly different in PP materials per statute (21 U.S.C. § 360c(i)(1)(B)), all individual manufacturer, device proprietary design differentiation attempts between “same [510(k)] intended use,” “SE” PP surgical mesh devices are also flawed, down their 510(k) predicate device lineage, to their non-inert base PP materials.

    Why do these mesh manufacturers continue to fight reality? –the reality being: that they (and/or their peers) negligently, defectively designed their “same [510(k)] intended use” “SE” PP surgical mesh devices, which were never even first FDA approved for safety and effectiveness. And consequently, their devices are not fit for their intended use as labeled and as currently used in standards of care, when indiscriminately abused by surgeons as their own one-sided best practice. Therefore, current unrestricted mesh use in clinical practice is a patient health safety threat. The reason, I believe for this why: this denial of reality – is that an industry is desperately fighting for its way of life to continue –to still be able to inflict its own, self-prompted “gold standard of care”. As there are no real manufacturer profits in a roll of stitches, it was only through unethical collaboration with current, and upon cultivation of future industry positioned leading influential surgeons (to insure its future), that, via forming their societies, the surgical mesh industry can exercise its abusive control of the practice of medicine (to/by self-promoting its own self-serving standards of care). And, in so doing, to demise of all patients (AKA: “the public health”), target as large of patient populations as possible –to maximize its profits (upon expanding device indications) and then, to satisfy its artificially created (restricted) surgeons’ device efficacy self-gratification “need”.

    In my opinion, the FDA has an even bigger problem than just Judge Goodwin and the mesh industry has: As stated on page 29 of the January 2, 2013 Citizen Petition and Petition for Stay of Action to the Food and Drug Administration (FDA), submitted by DuVal & Associates, P.A.,**** addressed to FDA Commissioner Margaret Hamburg, M.D. (“filed on behalf of the medical device industry generally to challenge and force discontinuation of the administrative practices and definitional interpretations that FDA has put into practice since 2009 in reviewing 510(k)s which have dramatically changed the manner in which the 510(k) program operates”): “[The FDA] by making clinical utility/benefit decisions and making comparisons to standard of care, FDA is attempting to practice medicine and impose its choices upon the entirety of the medical community. Physicians determine the clinical utility/benefit of devices not FDA. The sponsor’s only job is to ensure the claims it is trying to make are substantiated. FDA is practicing medicine when it tries to ensure that a device has clinical utility/benefit.”

    **** https://www.google.com/?gws_rd=ssl#q=citizen+petition+to+Dr.+hamburg+MN

    Although “this voice for industry” goes on to state: “Patient advocacy groups and physicians want more choices made available to them, not fewer. So FDA inappropriately acts as a filter of the devices it believes physicians and patients should have”…can it be believed that patients really want the medical device industry’s unsafe/dangerous medical devices implanted into their bodies, when not even effectively FDA regulated for a reasonable assurance of safety and effectiveness understanding? And then, left for “physicians [to] determine the clinical utility/benefit of devices not FDA”…and not even a legally informed patient him/herself? “Consider the…” POP/SUI surgical mesh “…example”: physicians [determining] the clinical utility/benefit of devices…” have made life-destroying decisions for not only U.S. women but women globally – when negligently failing to even legally inform their patients of risks…apparently this was because they themselves did not even know the risks but were, however, still willing to abusively subject this “risk of the unknown” to their patients.

    As both the intent and generosity of the medical device industry cannot be likened to Santa Claus, upon giving patients “more [device] choices” which it too “believes physicians and patients should have,” the FDA is also not scrooge, “inappropriately [acting] as a filter” to take away an industry’s beneficial gifts…What “patients should have”? – I think every legally informed patient would only WANT, if truly needed as the last resort, the scientifically understood, least risky device responsibly surgeon implanted. More “SE” choices are not better choices for patients; nor are Premakret Approvals (PMA) which take away risk-mitigated, non-device surgical choices (a non-device surgical choice(s) which could have benefited a patient without the unwanted device and immediate and subsequent long-term procedural risks). An industry’s device “gift” to a physician is not a gift for a patient when there is no treatment choice left other than the industry restricted, once unwarranted device “choice” (via a now lost, non-device surgeon competency to put their patient’s needs before their own).

    In order for the FDA to carryout its primary mission of: “[promoting] and [protecting] the public health,” from these habitual, premeditative device industry attacks against past unsuspecting U.S. patients, the FDA MUST NOW proactively intervene with the practice of medicine (to protect more future unsuspecting surgical mesh implant patients, in particular, from the mesh industry’s injurious infliction of its standards of care plaguing the populations of patients it is deceptively now targeting): by placing risk specific contraindications an all “SE” surgical mesh devices (across indications) via “black box warnings,” while also using its authority under 21 U.S.C. § 360c(a)(B) (“other appropriate actions as the Secretary [FDA] deems necessary to provide such assurance”) to establish the “special control” of a universal, two-step, type of implantable medical device patient informed consent process (to legally inform every U.S. patient of risks independent of this understood rampant surgeon negligence). These preceding two long overdue, “appropriate FDA actions” will help begin to ensure that every potential, future U.S. medical device implant patient is able to give full legal informed consent, independent of the intent of “the physician learned intermediary,” to prey upon his/her vulnerabilities as an illegally uninformed patient and/or un-consenting human test subject. With the transparent effect: to begin dispersing the industry’s indoctrination of the physicians’ biased, regressive mindset back into the ignorance from which it came…With end result: to protect the patients who comprise the public health from unreasonable device risk –and its outward recognition of adverse harm.

    Risk is the reality; the potential for benefit recognition is of statistical probability. And, patients are purported to have the legal right, pre-surgically, to weigh the risks and benefits not with post-surgical regrets regardless of outcome recognition.

    The surgical mesh industry’s currently unfolding, “messy” transparent collision with reality, I believe, will be the pivotal inaction destroying the greater medical device industry’s “least burdensome” means to its profits: the 510(k) clearance process. In my November 19, 2012 letter to U.S. Senate Majority Leader, the Honorable Harry Reid and Speaker of the U.S. House of Representatives, the Honorable John Boehner, entitled: “An Open Letter to Leading Members of the 112th United States Congress Asking for: Belated, Responsible, Prompt Congressional Action,” I asked for prompt, responsible Congressional action – in the interest of public safety (specifically from both Senator Reid and Speaker Boehner as “leaders” of their respective halls of government ) – to call for a vote to repeal Section 602 (The CLARIFICATION OF LEAST BURDENSOME STANDARD) of The Food and Drug Administration Safety and Innovation Act (FDASIA).

    FDASIA (via Bill S. 3187) was signed into law by President Barack Obama on July 9, 2012. FDASIA Sec. 602 amended Sections 21 U.S.C. 360c(i)(1)(D) and 21 U.S.C.360c(a)(3)(D) of The Federal Food, Drug, and Cosmetic Act (FD&C Act). This following patient exploitative legislation, blatantly enacted by the U.S. Federal Government, in spite of the recognized multifaceted failures in then existing medical device regulation, is the despicable “handy work” of the American People’s elected representatives – derelict in their duties under the U.S. Constitution – to recognize the People’s unalienable rights to: “life, liberty and the pursuit of happiness”:

    The Sec. 21 U.S.C. 360c(i)(1)(D) amendment:

    (ii) For purposes of clause (i), the term “necessary” means the minimum required information that would support a determination of substantial equivalence between a new device and a predicate device.

    (iii) Nothing in this subparagraph shall alter the standard for determining substantial equivalence between a new device and a predicate device.

    The Sec. 21 U.S.C.360c(a)(3)(D) amendment:

    (iii) For purposes of clause (ii), the term “necessary” means the minimum required information that would support a determination by the Secretary that an application provides reasonable assurance of the effectiveness of the device.

    (iv) Nothing in this subparagraph shall alter the criteria for evaluating an application for premarket approval of a device.

    The preceding legislative amendments to the FD&C Act further enabled the diabolical intent of domestic and transnational medical device manufacturer predators, marketing their implantable devices in the U.S., to more readily prey upon the vulnerabilities of more future unsuspecting U.S. patients, illegally not informed of this legislative reality.

    • Aaron Leigh says:

      Ok, was in acceptance phase, now back to seeing red. Can any of us affected ever get our lives back through money? If the notion is that we can’t then, at least bankruptcy would get the damn mesh off the market, “for business reasons” of course. I hope some of our families see tens of millions or hundreds of millions of dollars in a “financially sustainable agreement.” But what if they all just went out of business? What if they did? What would that mean for all of us? What would if mean for the medical industry? Would we miss JnJ Q-tips (black box warning: No not use to clean inside ears?!)? Would we miss anything that Coloplast or Bard or BS does? I don’t know the answer. I’m asking the question.

      • David says:

        As a member of the American Hernia Society – while an attendee at their annual conferences for the last five years – I have come to appreciate the reality (although not by my own experience) that there is a small demographic subset of patients who truly do need mesh on primary repairs (those repairs which do not address, after the fact, the very foreseeable failure of surgical mesh in the human body). If all these mesh companies went out of business it would create an “unmet patient need” within this small subset of patients where, in my opinion, an indication for mesh use would warrant a “reasonable” risk. However, I do believe the greater good would be served, for “the public health,” if all these mesh companies did go out of business.

        A “black box warning” on all “substantially equivalent” (“SE”) polypropylene (PP) surgical mesh devices could be the means to create this “public health benefit” across all its indications for use. As stated by Bill Vodra,* under the “FDA’s Tool Chest,” in an article written by Matthew Bin Han Ong entitled: As FDA Weighs its Options on Morcellation, Debate Erupts Over Harvard Device Study**: “Don’t underestimate the potency of a black box [warning]. They intensify the duty of care that a doctor must exhibit in order to avoid malpractice exposure.”… “Every product liability and malpractice lawyer in the United States picks this warning up in a minute, and any doctor that uses it after that is exposing himself to all kinds of risks.”

        “So for FDA, a warning is one of those tools they can use that’s not in the statute, but it can modify behavior dramatically fast in that regard. There are other courses of action besides the law to get things done” stated Mr. Vodra…. “In the past, FDA’s press releases have demonstrated the capacity to destroy markets for products overnight, Vodra said.”

        To answer your question (again only in my opinion), while the majority of patients would not perceivably miss these mesh manufacturer pests and their dangerously, unpredictably behaving non-inert “SE” PP mesh devices (by means of a completely trained surgeon in art of suture repair)…regressively trained mesh surgeons would miss their favorite toys (via design and –for use in their own best, one-sided practices).

        * Bill (William) Vodra is a former FDA associate chief counsel for drugs; a retired partner of the Washington, D.C., law firm Arnold & Porter, LLP; and both a brave and goodhearted committee member on the Institute of Medicine’s (IOM) Committee on the Public Health Effectiveness of the FDA 510(k) Clearance Process. (I had the privilege to shake Mr. Vodra’s hand, at one the IOM’s workshops on the 510(k), and thank him personally for being concerned about patients).

        ** http://www.cancerletter.com/articles/20141121_1

        • Jane Akre says:

          David- the black box warning is an excellent idea and we should push that in our communications with the fda… Thank you.

  21. Sue says:

    Hi Jane thank you for keeping us all informed about the status of the cases in West Virginia, but do you know how this is going to work with the cases in state court I have a Coloplast case it’s in the state court where the headquarters is located.

  22. Sue says:

    I was perfectly fine before my mesh implant but now I have fibromyalgia is anyone else experiencing this? Is this an after effect

    of mesh?

    • Jane Akre says:

      Sue you might post your question on the Facebook page. many women report autoimmune issues including fibromyalgia. In fact about 2/3rds to three-quarters of the people your editor speaks to has some form of autoimmune disease including Lupus. Please reach out. You will find you are not alone.

    • Josette L C says:

      I was diagnosed with fibromyalgia last year. I asked my doctor could it have come from the mesh. She did not think so but I do. I feel that some doctors are working against us.

      • Jane Akre says:

        Josette, please add you experience to the Autoimmune registry on page one…. the information is being considered by the science community so it’s important to hear from all of you.

  23. karen says:

    I agree with you . So what else can we do other then write representatives . We need to try some new tactics. I wrote letters and so far this has not change what needs to happen. I would love to have known about the complications that vaginal mesh had.I would not have signed any documents knowing the risks involved .I would have been working on my 11th year as a united state postal carrier. Because trying to Trust Doctors and all their interested in is who has the bigger yacht is not my problem. This FDA system needs a New Engine and its not called Money. You know whats hard here is that everyone should understand that we are human being first. Again your information way wonderful. Thank you

  24. Lisa says:

    Can only pray it speeds up the process in Australia! And is finalised in time to keep me alive and get to USA for surgery. It’s my only hope to make it to 42.

  25. stopmeshimplants says:

    Thank you, Jane. I am hoping and praying that justice will prevail and that Judge Goodwin will force these settlements. I am also hoping and praying that very soon these mesh kits will be pulled and no one else will suffer from these mesh complications. I agree with all of you who are warning others to think long term. Do not agree to anything you think is not a fair settlement. Many of us have severe pain issues even after mesh removal. There is no way I am going to accept anything I think is a joke of a settlement. And if it means I have to get another attorney than that will be my next hurdle. I am still mad as hell and have some fight left in me. As I read these stories of women who have lost their ability to fight it makes me want to fight that much harder. Do not give in or give up!

  26. msm says:

    AMS settlement ONLY INCLUDES “women who have undergone ONE REVISION surgery OR NO REVISION surgeries”.

    “• American Medical Systems is the only company to offer large-scale settlements to end transvaginal mesh litigation. In 2014, Endo International Plc, owner of American Medical Systems, agreed to pay approximately $1.3 billion to resolve lawsuits. Those settlements typically involve women who have undergone one revision surgery or no revision surgeries to repair damage allegedly caused by the mesh. Women who have undergone two or more revision surgeries have not been included in the settlements so far.”

    http://www.lawyersandsettlements.com/articles/transvaginal-mesh-tvt-sling/tvt-sling-transvaginal-mesh-26-20391.html

    • msm says:

      Does this mean that cases involving women who have undergone two or more revision surgeries are left hanging? Or swept under the rug? Considering there is no settlement and Judge Goodwin is not holding a meeting with AMS, do the rest of the cases not matter? No agreement. No timetable for negotiations. Nothing?

      • Hal says:

        No, it means that the cases with 2 or more revision surgeries are considered the “most serious” cases for the Plaintiffs… so those will get resolved on a case-by-case basis for an amount that is much better than peanuts or 10 cents on the dollar.

        • msm says:

          Thanks, Hal. Seems like that will be a long process but I guess it’s bound to take less time that trying each case .

        • sandy says:

          If this is how AMS works categorizing number of surgeries vs injuries how can one who has neglegence by Dr and hospital get what is deserved or justice in this matter when statue of limitations is factor and also because the AMS Atty would not allow you to counsel with others regarding the case.? Example 2nd surgery was to have a colorectal surgeon to remove mesh within a year time frame of first surgery and the doctor chose not to have that specialist in OR to do the job, covered it up along with every single dr and it never happened. how do they determine the level of damages done 7 years later because of neglect? Also explain please how the AMS attorney can get away with what was a MDL filing and mess up the filing by filing in two jurisdictions and two different case numbers eere assigned then settle on aggregate settlement. Where does the fault lie? If the 2nd surgery would have been done right it could of added 6 yrs to my life. Then forced to sign off on settlement offered and pay more than 40% and not go to court. What are my legal rights does anyone know. I feel screwed by the doctor for neglect of getting mesh out with scheduled surgery, screwd by AMS and screwed by attorney and not to mention screwd because I can’t go after malpractice with case settling. I need legal help. Is this my fault because when I signed surgery papers it listed procedures but not indicate mesh removal from bowels by colorectal surgeon. I remember being rushed through signing the papers.

          • sandy says:

            What happens if those involved in the AMS settlement do not sign the settlement documents? Will it be years again? And where is this 1.3 billion extra set aside and what or who is it set aside for? Is it true that another settlement will ml ot be offered by AMS?

  27. and Roche hasn’t paid, they have appealed

  28. Ronald James says:

    Jane, I was wondering if I can sit in on the proceedings since I live in Charleston and have power of attorney for my mother?

    • Jane Akre says:

      Of course you can…. we have open courts…. are you talking about trial or the lawyer meetings? Just go there and sit in… you may. Please let me know what you see/hear. thank you.

      • Toni B. (SC) says:

        Jane, Have you been to the February meeting, or are you planning to go to this meeting on June 2nd? I would like to go, but my case is filed in NJ federal court and it will be 3 years July 25th. Would it do any good to write Judge Goodwin or should I call and see where my case is on the docket in NJ?

        • Jane Akre says:

          No I’m not planning to go. While the hearing is in open court, generally, only lawyers hired by the plaintiffs, including the plaintiffs’ leadership, and lawyers representing the defendants are permitted to speak during the status conference. The meetings after that with leaders of the individual MDLs are not open to the public and are held in chambers. I think the Edwards v. Ethicon case or the Cook cases would be very enlightening to all in the courtroom.

  29. Disgusted says:

    I think we need to find a way to be able to speak before congress. They set the laws. They are “in charge” of the FDA. The pharmaceuticals/ medical community needs to be regulated much like the automobile and utility industries. I think they should be able to come up with new products and help people. But they should also have to be held accountable to the public they “serve”. We have been defrauded, whether directly or directly or as a third party. That it is legal to do so because of loopholes is sickening. I read an article, now years ago that talked about the AMA sending out letters to protect their freedom and they are able to “police themselves”. This is always dangerous when stockholders and profits are at stake. Unfortunately, it seems most of the country see’s transvaginal mesh commercials and thinks “ambulance chasers”. We are not legitimized by any main stream media. I pray for justice for all of us!!

  30. jade says:

    I do NOT get it! Remember this “ground-breaking” news release from Joe Rice of Motley Rice???

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

    It does NOT appear from this blog that any of the AMS victims have received settlements, nor notice of any settlements! Joe Rice reported this in May of 2014 – almost ONE YEAR ago! Come on – nice “pat-myself-on-the-back” press – but, Joe – “Where’s the Beef”????

  31. Angry says:

    Where is all of the interest money going?

  32. jade says:

    Dear Fellow Victims – I think we have to realize NOW and act on the POWER we all possess to get this UNbelievable “EXPERIMENTATION ON WOMEN” out in the open! We are NOT helpless victims – we are connected (if we search our lives) to many powerful people who would “walk-the-mile” for us. We need to go out there as individuals and talk to ANYone of them that will listen, help us and put pressure on these manufacturers! This is NOT a Tabacco Industry case; not an Asbestos Case – the devastating injuries to our bodies occurred almost immediately AFTER implantation. None of us were complaining of a “sore throat” – we ALL had the same complications, reactions, and life- altering injuries within months AFTER implantation. IT WAS THE MESH! IT COULD ONLY BE ATTRIBUTED TO THE MESH! And idea: Let’s make a Master List of EVERY IMPLANTING SURGEON that we know. We ALL do know WHO implanted us, right? Let’s get an Excel Sheet together listing EVERY implanting surgeon; his affiliations with any manufacturer of MESH; tally the number of women he’s implanted from our data base and send it to EVERY print/online publication and every involved doctor. Believe me, these implanting doctors are cowardly shying away from this “mesh debacle”! They DO NOT want to be associated in anyway with it. YES, we are VICTIMS, but we have to STOP acting like victims! We are in pain, YES, but we have to draw from a reserve energy to get these manufacturers SEE that they have a formidable force against them and their PAID doctors. If we approach these crimes with strength in numbers; show up at jury trials in force; wear buttons and T-shirts; talk to anyone who can help us to get the word out – these manufacturers will have no place to hide – no one person who is NOT aware of transvaginal mesh complications. They will then REALIZE they will never receive a fair trial pretending the Plaintiff is ONLY one or four women! Everyone will know that there are 100,000+ women suffering in a matter of 6 years all OVER the WORLD! This threat of exposure might just be the incentive to settling sooner!

  33. Linda Drye says:

    Thank you Jane, for letting us know what you have found out in regards to the thousands of mesh cases. My comment is to Tamara Snell, I am with you all the way. I spoke to my attorney today and the results were the same still waiting. I’ve been waiting for 4yrs. J&J needs to get off the pot and do something for us. They have billions what’s the hold up? Waiting for us to die I quess. We need our settlements I don’t know how many year I have left.

    • Paula says:

      My settlement was with JNJ and when I finally received my settlement letter after almost four years I was shocked at the little amount of money my attorneys wanted to settle with me. I had my bladder sling put in 2009 and went through five years of pain and suffering before Dr. Raz did surgery on me to have it removed then seven moths later was back at UCLA having another surgery where the doctor took six inches of muscle out of my left leg to use as a sling to bring my bladder back up, because of all my surgeries I have a lot of scare tissue and currently going through laser treatment called the Mona Lisa touch because I can no longer have sex without having horrible pain and bleeding . I’m trying to find another attorney that has my best interests and will fight to get real money for my pain and stuffing that I am still going through.

      • Jane Akre says:

        I’m sorry your settlement was disappointing. Can you ask your attorney to have another review of your case? Does the firm have all of your medical records? There are some lawyers taking those who choose to opt-out of their settlement, but you can’t contact them if you are currently represented. You can write me privately janeakre@meshnewsdesk.com

        • Paula says:

          I never sighed my settlement papers because I was upset with what they offered me and when I told my attourney that I was still having issues and going through laser treatments which they were well aware of my situation because they had pryer doctor statements , the attourney told me to sign my settlement papers first then they would see what they could do about a new claim but it’s the same claim and they already have this information .

  34. Linda Drye says:

    Thanks Jane, very informative, at least you give us understanding that our attorneys don’t give. All they say is the papers have been submitted. 4 years of the papers have been submitted really getting on my last nerve. And they don’t call you it’s always you calling them to hear the same thing nothing.

    • janet says:

      I am with you..these manufacturers keep losing there cases but yet they want to waste time and money just to prove there were negligence in butchering us..this is the 2nd go round for Boston scientific. They want us to get tired so we would stop fighting. .

      I will never give up…

      And why want the fda put a big hefty fine against Boston scientific. .since they screwed us with protagen and now transvaginal mesh..

      Please judge Goodwin they need to settle

  35. addison says:

    Jane, or anyone who might know this information: We have noticed a few posts regarding settlements. For example, someone mentioned settlement tiers – possibly AMS tiers? Compensation amounts were also provided. The amounts listed are supposedly being offered to injured plaintiffs with either no revisions or one revision surgery. Somewhere else, we read of the highest settlement offers being much higher.

    -Are these guesses, or does someone have access to this information? We were under the impression this information is not to be discussed by plaintiffs and won’t be released until all is said and done, meaning the public won’t be aware of full settlement details until it has been implemented.

    -Is it being said that the tiers are formed strictly by removal surgeries required? How will a company classify those with no revisions because more surgery is too dangerous yet their situation is dire? How are those who are permanently injured but had one extensive revision with a skilled surgeon classified? And those who had two or more surgeries? Some with two or more are still hurting badly while some are thankfully doing better. Are severity of injury, permanent injuries, if one had to take disability, and age being looked at as well?

    • Jane Akre says:

      Everything is being looked at… but that doesn’t mean it will be fair or just. Unoffocially I’ve heard of settlements as low as $6,000. I agree with you, some of the most dire cases have not had removal surgeries…. and they will need the most help in their lifetime.

  36. Renae says:

    Pain, pain, pain and more pain from the first week on. Diagnosed with fibromyalgia, chronic fatigue, debilitating depression, my hypothyroidism grew into hashimotos, had my thyroid removed, it had cancer. I had revision surgery and several injections, need at least another surgery from the nerve pain in my legs. Thru a miracle, saved my home from getting sold from courthouse steps, with one day to spare. My daughter a senior in high school had to get a job to help pay bills. I had to file bankruptcy for the first time in my life due to medical bills. What about future medical bills and autoimmune disorders ? 🙁

  37. Tracy Alcaida says:

    As I read the news today, I see that the tobacco companies have settled for $100 Million for approx. 400 cases filed in Florida( their own choice, and not for survival). Yet, I personally live with unannounced pain spurts, some worse than others at all hours of the day or night. Whether I am standing, sitting, walking or even in my sleep. I hemoraged the first day I received this mesh contraption and was taken back into surgery 6-7 hours later. I was never told exactly what this was suppose feel like or the risks involved, or even the possible side effects. I did ask and was told that this would allow me not to have urine leakage and I would be able to laugh and not wet myself. I would be able to hold my urine at least to get to a nearby restroom. NOT TRUE. Why is it that we are having to fight so hard for believeing our doctors, who intern believed in a product? I didn’t choose this product, I chose the doctor. I expected to be done what I was told it would do! Makes one wonder why when the Surgeon General posts a message about the effects of tobacco and people still CHOSE to smoke and use tobacco they are compensated millions of dollars?

      • janet says:

        I know how you feel..we all live with this pain….I am going on my 4th surgery to try and fix the damage from this mesh. .and there will be another after..I will never be able to have a relationship. That is how damaged I was from this stuff. . I just would like to be able to enjoy a little bit of life…I pray that these manufacturers would just settle so we could try to move on with what we have to do. .but it just seems that they want us in pain and all this anxiety with depression is getting really bad…but if these manufacturers cared they would do the honest thing and settle there transvaginal mesh that damaged us…it should never been on the market. .it really want an apology for what they have done to us the butchering not once but twice now

      • janet says:

        Just found a comment from a woman that was made to settle from American Medical from Boston scientific. .so sad that after there 40% they are left with nothing. .after all her surgeries. .after what these women have gone through do to this material. .after did she was told that they are going bankrupted

        What the crap….so the justice system is letting thus happen. ..

        So scared I have lost my home…I had to sell all my household belongings to make it..I could not afford my child a high school graduation. ..she has given up so much…we had to live in a 10garage. .because I could not afford anything. .I am still going through surgeries. .I will always have issues with my vaginal wall..I will never be able to work only 5 hours a day..because of the pain..I will always have nerve damage. .I will live now with depression and anxiety from all of this…and now this slap in the face..for the rest of our lives…please God we need real justice. ..these manufacturers have so butchered us

        surgeries. ..I do not know 2 hat my future holds…

        • Lee says:

          We do not have to settle for what ever they want to give us… we can choose to go to trial. Now I know that may be a long time but serious we are all going to have alot of future medical care expenses and our insurances are not going to cover all of this. There is no way it is ok to offer nothing to take care of the damage they have caused us to have to live the rest of our lives with because for real no one else is going to pay for it.

    • janet says:

      I really do not know how these manufacturers justify what they have done to us…and know matter what the outcome is for them. ..we will never be the same we will Carr the medical issues the rest of our lifes…and what happens if we should get cancer latter from this crap…I pray everyday that justice will be in our favor and they need to come out with a descent settlements for everyone of us please..the sad part to u can not put money amounts on what you have taken from us women. .you manufacturers should really hang your head’s down in shame you butchered us for the rest of lifes…

  38. janet says:

    Well here it is march and still not in any negotiations with Boston scientific transvaginal mesh. .

    The sad thing is that they knew what they were doing to us..they settled in protagen lawsuits in 2003…and they turned around and butchered us again. ..this manufacturer needs to come clean. .they are so so selfish and hungry for money that they did this twice. ..I am injured for life…they played God with our bodies. .they made the choice to put this back on the market. ..they need to settle with the right settlements for us…I will go to trial if they choose to butcher us again by offering nothing. ..my life are others will never ever be the same same. ..I am going for my 3rd surgery and another after that…and they really do not know how many more…they owe me the rest of my life and my childs…I want answers to what they have done….I want them to feel my pain everday challenges of sitting. .walking…not being able to do alot do to that company. ..and they want to play more with our lifes..I would not even had to have an attorney if they would have kept this off the market. ..FDA needs to fine them

  39. NoNameNow says:

    Jane, I gotta hand it to you, your one persistent leader. When I began my mesh journey, you reached out to me and, it was not all positive but you stuck in my heart because I felt what you were feeling.

    All the comments about how you have helped us all by keeping in the loop and fighting tooth and nail for all of us. Thank you for all you do and will do, kudos to our mesh Hero!

    I have come full circle in my journey for now. I have had three mesh removal and repair then the Burch ligament suspension, to the rear lumbar. This has helped return me to the way I was before I had the first surgery. The first one that, no one offered to warn me or even inform me what they were going to do. I looked upon them with trust. Sorta as one would a automotive mechanic, most don’t ask them what procedure or method would he be using to make the repair on our vehicle. They should have the customer sign something at best. This was not afforded to me. Anyway, now I have lost my marriage, my friends and my health. Then my house. I pray I get approved for disability. I can pick out at least one related issue or symptom from each and every comment here. That is a crying shame!

    Hearing, “Your Not Alone” does not really work in this rare but NOT RARE, situation. Having this site you were motivated by your pain and anger and, its finally paying off, we must claim the victory! We must fight the God fight! We must get rid of the dangers and stand up till we cannot anymore! We must educate before the blind lead the blind into the mine field. Think of all the ones who got implanted in just the last month. Not all will have issues but I am willing too bet a large portion will. We can avoid this with majority rules!

    Its not about the money as far as being set, however, what other compensation or justice is there in place for historical and revolutionary mass injuries? They can’t bring our husband or wife back, they can’t bring back the dead. The time cannot be comped back too us.

    One mesh angel hit the nail on the head, in my opinion, about future medicals along with reimbursement for all the surgeries and costs, travel, meals and supplies. Wages, Punitive….so on and so forth. Why should we pay one cent toward even the very first surgery and all after? Had we been given a choice, it would not had been necessary.

    I have no health insurance, I have no one that will see me with out hundreds of dollars. I live daily with vaginal infections from rejection of the piece that the world famous surgeon left in me. I get stabbed at random times, which is pretty embarrassing when your in public and you all the sudden scream and flood yourself. Then, on a good day, the public views a well put together survivor of this nightmare and tags you as being a whiner or money grubber. Sympathy dies out, frustration and depression sets in.

    My prayer for all the plaintiffs and families plus friends, skip on down if you don’t believe but you should be open now more than ever, we all need a savior this time!

    “God please help us all, give us the strength that surpasses all understanding, as you promised us in your Word. Give hope where there is none Lord, and please have mercy on all. Let us recall that the more we are tried and tested, the more we can endure, we are truly blessed when we experience your interception and justice motivated only by your Love for us. Let us be heard Lord. Relieve our pain and suffering. Bring us healing and redemption. Not just for the mesh victims but for all the families and friends that suffered with us. Thank you for your love and peace that surpasses all understanding. In Jesus Name I pray, God’s Will Be Done!”

    Its a real slap in the injured face, too insult hundreds upon thousands of innocent victims of criminal, corporate greed. Too put a meager amount and bully some too take the crumbs and expect it to settle the suffrage, seriously? I would rather stand up and gain nothing than walk away feeling even more cheated and violated for taking wrong settlement. At least if I hold out for a more fair and reasonable amount after all other expenses and attorney fees and liens are met. After all, we should end up with the most over all others. Just as another writer pointed out, the attorneys are not having to handled this as a local, regular civil trial would be handled. Lets not forget, the resounding complaints of plaintiff attorneys ignoring the clients, agreeing to settlement amounts and handling same without permission or acknowledgement of the claimant? This is maddening. I am going to the bar, the highest court and to the highest point, if my attorney agrees to any amount I have no say so about. That’s actionable as well, I am guessing.

    Why hasn’t the National Press Association given this topic its spotlight? I would rank our story much higher in the news priority line-up. People should be warned now that the jig is up. Especially, since FDA and the manufacturers still are supplying these weapons of mass destruction. Why not tell the public what to look for and where to get the right and honest answers? Something besides me, smells rotten here. We hear about everything under the sun. But why not Mesh Warnings? All the public sees are attorney advertising with fake spokespersons, a hundred times a day. What a joke and, folks the jokes on us here unfortunately. All that advertising is uncalled for, obviously, look at the numbers that claimed before this waste of time and money transpired.

    I am done for now…..I only do this once a year. I could go on and on. This is what made me end up alone. I had to trust in the power of God’s promises of justice. There is no way, God would desert the masses after all He has done to save us? Hope this helps you as much as it does me. Let us all pray for patience, may as well be. If we pass away before the pay back, at least our children or people in our lives we choose, will have our gifts. in that event, we should stipulate that each one too benefit from our injuries, must put a percentage in educating and fighting to keep these types of attacks from reoccurring.

    (after reading my writing, I see I come across much stronger than I really am.) I am a receiver of my own advice and prayer)

    Thank you Mesh Medical Advice News Desk and Jane for providing a vessel in which to release some pressure and pain, if nothing else. We have each other. Victory comes by the masses!

    God Bless Us and Bring on the Justice!

    • Jane Akre says:

      I’m so sorry you are on this journey- clearly you are not alone. Can you get medical insurance? If not, why not? It’s not as though this was a preexisting condition…..and even that is not an exception anymore. Please let me know. Insurance is part of the problem of course. It directs your care (ie mesh) then does not pay to send you to an expert. Everyone having that problem – there is a letter you can send to your insurance company after you customize it a bit. Here it is….http://meshmedicaldevicenewsdesk.com/open-letter-to-insurers-concerning-mesh-injuries

  40. janet says:

    What the hell. ..so the attorneys take 40 to 45% and then another 5% goes into the MDL..there is something ohhh so wrong…so who else are they paying off…

    We are getting the bad end of everything. .these manufacturers butchered us and we have to pay over and over again for what they did to us

    I really believe the supreme courts needs to step in because this is so wrong. ..I have had 2 going on 3 surgeries severe problem s with my bladder had to be rebuilt on one side of my vaginal wall due to this mesh…

    Boston scientific Made protagen in the 90s it butchered almost 800 woman …they settled the lawsuits in 2003 for that butcher. ..then they turned around and made transvaginal mesh and butchered 70 thousand women. .

    So I guess we just keep on loosing. ..and manufacturers keep on getting by with butchering us again and again. .

    I just love our justice system. ..we will always live with pain in so many ways…

  41. janet says:

    Spk with my attorneys office and I was informed one of Boston scientific sister companies have filed a suit against them regarding the mesh..I find this interesting if found true..is this a plot to keep us in limbo for Boston scientific. ..

    They do not want to settle these cases properly. .

    And as for as thus June 2nd hearing ..is Really believe Boston would rather go under then admit for the 2nd time they butchered us women. ..

    This is getting very old..i hate living this way…

    I wish I never heard the name Boston scientific. .they keep me depressed and they give me a lot of anxiety

  42. Louise says:

    Why don’t they give 1 million dollars to each women and more to those who had surgeries, and be done with it ? I don’t know the law but it’s an idea. Just saying!

  43. janet says:

    Here it is going on May still know outcome regarding any of the manufacturers. .so sad that they do not care about what they have done to us and our bodies. .

    I am in so much pain on a daily basis ,I can barely walk,I can only work part-time now and even that kills me..it has even taken very simple task away from me,it can no longer take a shower and shave my legs..it have to sit and do it..it can not take a bath in a tub because I can not get up are down without help..so shaving my legs by sitting on the tolit lid,and I have to hold on to a bar to take a shower. .this is so wrong I am only 57…I have another surgery

    soon,and another after that..this will be 3 and 4…so much pelvic pain..and sometimes when I walk I feel like something is catching in the pelvic and it has made me fall 4 are 5 times because the way it catches and the pain…I still have so many bad UTI ‘s…they are hoping this surgery they can remove what they can get to..I wet myself all the time…the infections are so bad that every antibiotic they have tried does not work…

    I have nerve damage. ..I take so much medicine for my age this is so unfair to us…I might be in a wheelchair before I am 60 because of the nerve damage. ..and possibity of bladder cancer ..

    And they still want to keep butchering us women. ..

    I am trying to hold on..but I am in so much pain…

  44. janet says:

    Just read where cc bard offered 21 million for 500 cases…that’s crazy…we are injured for life. ..and so they want us to take a slap in the face for 41000. Then the attorneys take 40% 0f that

    I would rather go to trial

  45. Louise says:

    What world are we living in? That’s crazy,for sure.Judge Goodwin should make them pay us more than that.Are they laughing at us.They truly are CRIMINALS…We should get justice and ask those manufacturers, that we will not settle for this.We will go to every MEDIAS and we will speak our minds.Simple as that.There’s 20/20 , Dateline, 48hrs. Hard Evidence, CBC …etc..etc…and let’s not forget “”ERIN BROKOVICH”…Even one million for each one of us, is not even enough, because we WILL have our Say and we Will Fight for our Rights.Let’s not forget that that “HORROR” in our bodies will also bring more complications for the rest of our lives.And the lawyers will take their share, also? What will be left for us, the injurers who have pain and suffering and many Surgeries will follow….They (the Manufacturers) knew that the mesh was not fit to be in Humans but they IGNORED it.They should all be in Prison for conspiracy and for killing us, day by day…Hope the HonorableJudge Goodwin, fight for all of us and won’t accept their ridiculous offer…

  46. Louise says:

    Just found out that a certain Doctor removes meshes…This DR. has ties with Boston Scientific.NEVER will I trust a Doctor who is in mist of clinical trials with Mesh, with this manufacturer….Yeah! Right!!!

  47. janet says:

    I would never ever see a dr. That has ties to these manufacturers Exspecially Boston scientific. .that manufacturer knew this mesh was no good…it butchered women twice now this manufacturer settled lawsuits from protagen in 2003 almost 800 cases..

    This company would do anything to butcher women. .and this so called doctor who has ties with them I would never have him touch me…and I hope and pray that all these other 70 thousand women would do the same..

    He would probably lie and getting paid to do so to help there lawsuits cases against them..

    Shame on this manufacturer. .and maybe this doctor will wise up and stay out of this matter…

    God,please take of us women from these manufacturers that Wang to keep hurting us…

    • Louise says:

      This Doctor, should not be allowed in a Courtroom.SHAME on him.and SHAME on Boston Scientific.They Butchered us and want to get away with this,. We women are in pain and we are suffering because of them . What about the complications that we will endure for the rest of our lives.If, we can call this a Life…Like I said before, one million dollars is not even enough for these MONSTERS.No Doctors should attend these trials, period…They knew it would harm us.and they did it, anyway..This so-called Doctor should have his license, revoked..Plain and Simple.The Honorable.Judge Goodwin,is a Good judge and he will fight for us.My Trust and my Faith is on Judge.Goodwin…

      • janet says:

        Please judge Goodwin take care of us…do not let these manufacturers get by paying us nothing after they chose to butcher us..Boston scientific knew what damage this could do to us they just settled those protagen cases in 2003 then put the same thing out…

        Please we have enough for there practices of bad material. .

        They really need to step up and do us right

  48. janet says:

    Getting so tired and I hate this depression. .of dealing with this stuff on a daily basis. ..this has been going on so long now

    My attorneys office advised me that it will take another 7 8,10 years

    Was advised by there office that Boston scientific wants to go to trial on each case. ..she said we will never see anything from Boston scientific. .

    So I guess Boston scientific got away with butchering us like t h e did in the late 90s. ..

    Boston scientific should be shut down. ..for what they have done to us women. ..maybe if I pray hard enough God will see fit to take care of this manufacturer

    • Louise says:

      Why can’t a Judge put pressure on those manufacturers? It’s crazy that we will have to wait 10 years to get our compensations.A lot of us might be Dead, by then.More depressions, more suicides, more surgeries, more meds, more complications…and so on… Boston Scientific are criminals, and criminals go to jail, because they ruined lives and butchered us.It’s like putting poison in someone’s glass and let them drink it.The Law should either put them in jail, or close their manufactures or pay up a large settlement for what they did. Women need urgent help…They absolutely put this horror in our bodies, and they knew it was not fit to be in Humans…Boston Scientific are a bunch of Incompetent and a judge should tell them that every cases should be paid by 2016, at least…Judge Goodwin will see to it, that they should settle, now,.and he will fight for us…We are humans, we’re not animals(even an animal gets treated better than humans) Women,don’t know what to do, next.Should they go to White House as a last resort???

  49. janet says:

    Judge Goodwin :

    I am so confused on this transvaginal mesh cases. .

    It just seems that these manufacturers are getting by in causing the women and myself alot of damage from there product.

    But ,yet this had been proven time after time these damages.and we are suppose to settle for nothing. .

    And our attorneys are putting most of the monies in there pockets,is this fair that we are the victims and they get everything

    Is it right that our lives is basically gone and we get nothing for the damage the pain and suffering.

    This should not be happening at all.

    Will someone please stand up for us and take care of our needs

  50. Jeanie says:

    I am glad to be able to understand what is going on I didn’t realize how many more cases were happening I am one and want the best for all who are suffering as Ia m now . God Bless ,

    • Nora says:

      I just got home from prolapse surgery,third. Surgery.. Sunce Transvag mesh. I am in so much pain. I can barely walk ir stand. I fear nerve damage long term effect or organ problems or possible surgery again .I dont know who i. Can go to fir help in litigation

      • Jane Akre says:

        Nora- let me know if you are represented. It sounds like you signed some paperwork…. that might mean THEY think they represent you. I’ve got some female attorneys who would be willing to talk to you.

  51. Jeanie says:

    I have had a revision it had to be one of the hardest surgeries I experienced and to find out it was not found made me freak out , I have yet to recover from all the pain from this device and it is only getting worse to the point of there are days I can barley walk this has changed my life , I have days I think well maybe today I can do this then I end up in worse pain and feel tied down and helpless just want to be able to run and play normal with my Grand Babes . . I want all who are suffering to get what they deserve and for further help for their pain and suffering. God Bless

  52. Nora says:

    Weak,tired,backpain,rectum pain,vaginal pain,bleeding ,coughing hurts , can’t get uo without assistance. What should i do now Jane? I have gotten more help from you then anyone else. Thank you. Thank you again. Any of your female attorneys experienced in my kind of case with positive outcome?

    • Jeanie says:

      I know how this feels and honestly I thought I was the only one I am sorry for the suffering , I have had mine revised but I am still sick and so much pain and it don’t get better I feel like people dont understand how this affects us , to even walk and sit to lift ! but this is real and more of us need a talk and now we are not alone. prayers to u and to all who are with us in this battle for what all are feeling and going through .

  53. Denise B says:

    I have been suffering alone for years. Thankful to have found this. I live in WV and no one had been of any help, doctors did not want to go against one of their own. Law firm is out of Virginia and taking 40%. Is that the norm as they said? I just feel lime I have been treated like less than human and have wanted to give up so many times.

    • Jane Akre says:

      Hi Denise, that is the norm but did you sign? it may be negotiable, especially if they are not working you up for trial. Ask about that. Ask if they will forward your case to another firm to do the actual work. Just my opinion.

      • Denise B says:

        Yes the attorney here in WV sent it to VA. I am relieved to hear it is the norm. I hope it is over soon. It is so stressful..among so many other things.

    • ReneeA says:

      Denise B I am also from WV and just read your comments. I too still have the Boston Scientific Bladdermesh after 3 surgeries from the eroded mesh and looking at another due to prolapsed bladder. I am being tossed from dr to dr not wanting to fix. My life like yours has come to a crawl. Medicine on top of medicine for infections and no relief in sight.. Hoping Judge Goodwin in the past couple of days with his meetings with Boston Scientific will get us the relief and our dignity back.

      • Jane Akre says:

        Renee, if you have insurance, I suggest finding an expert to deal with your complications…. otherwise you will do exactly what has happened,,, go from doc to doc with no answers and in some cases, more injury. contact me and I can help you find someone… janeakre@meshnewsdesk.com

        • Jan says:

          I have insurance but they will not let me go to one of the Drs. That can do the removal of the bladder mesh
          I have had now 4 surgeries but they will not remove are attempt the mesh around the bladder do to the serious possible complications. . My bladder us totally inflamed on the left side and I keep severe UTI’S with 2 different bacterias.. will be going to a dr. For IV antibiotics next month
          I have been on antibiotics fir the past 3/4 yrs nothing touches it.. irs bad enough that I had to be rebuilt on the left side vaginal wall from that mesh and all the scar tissue and constant pain and the anchors have made such issues in walking and my hurts in the joint area severely everyday
          And now from the infections and the anxiety I now have bad palpations and heart is jumping beats.. spent 3 days on a cardiac floor
          This is not justice I am tired of being tired
          I have been In this lawsuit for 8yrs going on 8..
          I would love to have my health back and all this stuff out
          But I can not afford to see any doctors outside my insurance. .
          I lost my good job when all this started and my home and vehicles. .
          I stay from place to place because of what they have done..
          When will we see a good justice

      • Jan says:

        I am praying that our lives are worth something to the judges and maybe the ATTORNEY GENERAL OFFICE needs to get a hold of Boston also
        I am going ty o be fair after they have taken my life away ftom me.. but I play honest
        I really believe they do n I t know how to he honest but let’s see

  54. Jan says:

    Poor Judge Goodwin
    He keeps calling for these meetings of the mind, but these manufacturers still do what they want
    They take their time we are in debt and we all have medical issues
    And me myself I live from place to place because I can not afford to have my own home anymore. I have to depend on people to take me every where.
    But they still do not care.
    I just had another surgery yesterday still in hospital. I know longer have good credit because I have to support my child now she is a young adult I can no longer work a full-time job. When will it be enough?
    When will these manufacturers start caring for what they have done to us as women.
    Boston scientific has apprently done this before
    With I believe it was called ProteGen.
    But it’s a MESH and it did the same thing to women they settled about 800 lawsuits regarding same issues
    Why in the world would they place it back on the market knowing what it did before to women SHAME ON THEM
    I guess they love destroying women. .
    They really need to get rid of the RATS and get humans that have morals about people and life. .
    And they need to act faster with settlements and really they need to offer settlements that will take care of our lives for the rest of our lives because we did not ask for this poison.

  55. jan says:

    When is it going to be enough for these manufacturers to settle
    It’s bad enough that they throw how much they have to fight if they put 185 BILLION towards fighting. Why can they put that to settling some of there cases..
    I have had 4 surgeries, still having UTI’S still have mesh around my bladder. I would love to be able to have Dr.Raz to take that out
    But the doctors I have now could not get..
    The way it’s going I will be on a walker soon..
    There is no way I will settle for beans. My health was good until I had a hysterectomy and I did not know what they used. If I would have been giving the opportunity I would have said NO..
    but Boston scientific had lied all the way around
    In my investigation I found they did this before and injured 800 woman when will they stop please they have altered us and injured as doing so
    They should be paying out BIG

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