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Law Firms Remaining in TVM Litigation

From whistleblower law

Mesh Medical Device News Desk, April 18, 2017 ~ Many of the large Mass Tort law firms are no longer taking transvaginal mesh cases (TVM).  

While many law firms are pursuing the coated hernia mesh cases, fewer are remaining in transvaginal mesh litigation.

Litigated since  the early 2000’s, TVM has gone through many changes, from forming a mass tort and MDL in Charleston, WV to a few bellwether cases to test legal theories. Even fewer settlements have been offered.

To date, four cases that have gone through trial have settled after exhausting the  appeals process. See the MND story here.

Though the following list is not complete, it represents the law firms that remain in transvaginal mesh litigation.

Please let us know if your firm is continuing to take these cases.

Many are not but continue to work to settle the cases they have.

 

WHICH LAW FIRMS REMAIN IN TVM LITIGATION?

Many of the law firms that form the executive committees in the multidistrict litigation are moving away from transvaginal mesh litigation.

Some of the few left include:

Sheila Bossier
Bossier & Assoc.

 

Adam Slater, Feb. 2013

Adam Slater – Mazie Slater, Katz & Freeman, Roseland, NJ
http://mskf.net/
Trying Coloplast, Ethicon, Boston Scientific, Bard, AMS

 

Sheila Bossier- Bossier & Associates, Jackson, Mississippi
http://profiles.superlawyers.com/mississippi/jackson/lawyer/sheila-m-bossier/bcce2f88-7ff9-483b-9eef-d4e390262b64.html

 

Steve, Amber Mostyn

Steve & Amber Mostyn – Mostyn Law Firm, Houston, TX
https://mostynlaw.com/
Ethicon, Boston Scientific, Bard, Cook, Caldera

 

Aylstock,Witkin, Kreis, & Overholtz

Bryan Aylstock – Aylstock, Witkin, Kreis & Overholtz, Pensacola, FL
http://www.awkolaw.com/

 

Joe Saunders – Saunders & Walker, Pinellas Park, FL
http://www.saunderslawyers.com/
Taking AMS, Boston Scientific and C.R. Bard

 

Kline Specter – Philadelphia, PA
http://www.klinespecter.com/

Aylstock is focusing on Ethicon; Mostyn on Boston Scientific, Bard, Ethicon, Cook and Caldera; Saunders is taking AMS, Boston Scientific and Bard cases.

Firms that are no longer taking TVM cases are Blasingame Burch Garrard Ashley;  Matthews & Associates, and Fleming, Nolen & Jez, among others.

29 Comments

  1. W says:

    I have Aylstock,Witkin, Kreis, & Overholtz, they don’t communicate well. I guess women have no real choice when calling 800 numbers for help. I don’t think this lawfirm actually goes to court, it is like a warehouse and it is holding clients til mass settlements, they will collect lots and lots because of good advertising. I guess someone has to do it but I think they should take a less % of money.

  2. HurtForLife says:

    What about Motley Rice?

    • Jane Akre says:

      This does not by any means represent a full list of litigators left in the mesh trials. I have put out queries to many firms and expect this list to grow.

    • Vaginas Broke says:

      I would like to know that also..all you hear from them when you all for updates is we are meeting with them regularly, hopefully it will end soon, it takes time, like 8 years is not enough time.

      • mia says:

        i agree i have been waiting 6 years, the last time i called they said they were meeting with them and that they hoped to have the claims finished by september, we will see!

    • babs says:

      yeah, what about motley rice?

      • Jane Akre says:

        I asked and have not received a reply. The firms that have cases are going to see them through… how vigorously, I don’t know.

  3. Sheree says:

    I have my case number. How may I find when my case will be heard? I have contacted attorney’s office but no response. If you can tell me which site to look at please

    • Jane Akre says:

      Your law firms owes you an answer! That is unacceptable. Tell them you will contact the Bar Association in your state. you don’t say where you case is filed?

  4. SHERRY says:

    What has happened to Caldera?
    As usual, I guess they get the Gold Mine and we get the Shaft !

  5. Broken says:

    Jane, I have odd question what is involved if one suspects legal malpractice? If your attorney committed this over and over again based on ethic regulations and documented proof? How is a complaint to state board handled if Atty was not in the state one lives? Is there a time limit And can this be done after a settlement based on the way they handled case? I.e., lost/misfiled paperwork, case number misfiled in diferent districts, misconduct, deformation of character, selling personal information to doctors etc? Prob not your area but worth try to ask direction. i was told I had Med malpractice, legal malpractice and product liability but told by Atty not to file Med mal as I would be dismissed from MDL after telling me they would help my file Med mal. As I read this stuff I find myself getting angry again without standard of care dismissed because of the word mesh and proof of malpractice but SOL an issue now. The doctors who cover up malpractice and ruin me as a patient with slander and put it in every record so it follows me everywhere. what options does a mesh victim have? The drs are not accountable for their actions. Many left in this situation. My story would be a book! tired of covering drs and lawyers. I threatened to call state bar in the state filed got faster results but unethical behavior. Every single dr that covered malpractice in my case committed some type of malpractice of their own. Failure to inform of serious conditions or things I never knew I had, altered records, lost records and test results, failure to release records the list goes on and because of my horrible Attys instructing me not to talk to anyone on top of all the mesh problems where do I turn? It is not a money issue it’s a wrong doing from everyone and ruined every part of me. This is the stuff no one hears because of fear speaking up.

    One more question not sure you can help but can you tell me exactly what a signed waiver of summons is and what does it do regarding mesh cases? My attorney was of no help. Thank you! Good luck this week.

    • Jane Akre says:

      Hi Broken-

      I’m not a lawyer as you know. Legal malpractice complaints can go to your state bar association. It is not necessary for your lawyer to live in your state to represent you in a mass tort… in fact, most do not reside in the same state. Medical malpractice, and you better be able to prove that, should go to the hospital, and the accrediting organization for his hospital, known as The Joint Commission. Hospitals don’t like it when their accreditation is questioned so if you can PROVE it, that may also be a place to start. You will need a good summary letter, not a manifesto, but a clear summary of your complaints. If he doesn’t belong to a hospital, and has destroyed documents I would call the entity that owns his practice. The medical board of your state is probably the last place I’d go since they will stand up for their own… Hope that helps

  6. Diva64 says:

    I can empathize with the less than medically and legal ethics with which the medical arena are practicing . Originally I believe this was limited to Mesh Patients, however now fell it has moved on to me the “Gold Standard of Medical Care ” all to benefit Medical Equipment and Pharmaceutical Companies. Then add that to the legal field and our bodies are keeping a lot of professionals on vacations ,good clothing and dining out in 5 star restaurants, and living on ” Nob Hill” . I don’t think any of it is about patient care at this point.
    And if and when we suffer become homeless ,credit wrecked, etc . It will just amount to SOL

  7. Victimized Twice... says:

    I sign this as “victimized twice” because I was victimized by the mesh company and by Aylstock, Witkin, Kreis & Overholtz, Pensacola, FL. I wish I could go into full detail but please understand I need to remain somewhat anonymous. I had more than half a dozen surgeries and medical procedures that were all bladder related. I was strong-armed into taking a settlement which was no where near what I should’ve gotten. They told me that if I didn’t take this settlement, they would no longer represent me. It was a low six figure amount and I walked out with about
    1/3 dollar amount of that amount because of AWKO. (In the $30,000 -ish
    range) They bullied me when I had a question about a $700 amount on my bill and told me that they would not remove that from my bill and that if I didn’t accept the settlement as it was written, I wouldn’t get a penny of my settlement. I signed my settlement with them in the early part of this year and was told that they were working to resolve my medical liens and that I would be pleasantly surprised because they have seen the medical liens resolved for less than a thousand in some cases. They told me that I should give them a call in 3-4 months if I hadn’t heard anything. When I called them out a couple of weeks ago, they told me that I should speak to the attorneys that handle the liens, they give me the number and when I call the attorney firm they told me to call, they inform me that I am not their client and that only someone form AWKO can contact them- they won’t speak to me. After several calls to AWKO I was told that my medical liens were not resolved and that I would never see a penny of the more than $20,000 that my insurance company had put a lien on. Furthermore, they tell me that I should be happy because my insurance company wanted more money. I explained that I knew that there was a law that capped the amount to no more than 20% of the settlement, so they hadn’t done anything for me other than what the law decreed. The funny thing is that I was told by AWKO that the mesh company only paid for the mesh removal surgeries but not the other subsequent surgeries, claiming that I already had incontinence. Mind you I only had tiny drops of leakage when I had the mesh implant and then was having full-blown accidents where my bladder would completely empty and I couldn’t stop it. But when it came time to resolve my medical liens with my insurance company- AWKO’s affiliate allowed them to take every last penny- basically saying all the surgeries were because of the mesh implant. This is why I say I was victimized twice- once by the mesh company and then again by Aylstock and his firm.

    • victimized twice says:

      P.S. (from Victimized Twice):
      Oh, and I still have yet to see something in writing from Brian Aylstock that proves that my medical liens were paid. Well you know, because you are supposed to take someone’s word when they take more than $20,000 of your money to pay a bill for you and then they tell you- yes its all paid- but I didn’t get a receipt for paying it. I need proof that my liens were satisfied, What if my insurance company doesn’t
      the proper records for this? What proof do I have- someone’s word that it was done?

    • Jane Akre says:

      On one hand, you could likely never get to court without a law firm and Aylstock has been in there fighting. They deserve some credit because they have helped many. Then again I wonder if any firm could pledge never to take more than the victim? That would seem entirely fair. Someone please explain to me why an insurance company gets its payments back without me getting my premiums back? Isn’t that why we have insurance?

      • Cara says:

        I am curious as to why this victim got 30,000 ish dollars(if I read that correctly), and I was told to accept under three thousand dollars.I was told by AWKO that I was on a “tier” because I had surgery to remove the mesh and contracted a life-threatening infection.I was lied to.I was also recently insulted by their paralegal.I have never once spoken to a lawyer there. I also got bad advice where they told me not to let my husband sue for loss of consortium, but I see that some other Caldera victims have.The other day, I got a life insurance quote through my bank and noticed that it was from Federal and it said that they are a subsidiary of Chubb.My question is then why are they insolvent?They are obviously still in business!

  8. Kim D says:

    Yes please explain why the insurance companies are getting paid!!! We have insurance for a reason and they have already agreed to pay a certain % in the cintract. Why do they now get that back??? We dont get premiums back and if you have already settled that acct and you both have met your end of tbe agreement and paid your agreed upon amts, why do they get to come back and say oh you got some money for your life ruined so we want that money. They have no right whatsoever!!!

  9. Cholsakorn says:

    Are there any lawyers out there willing to take my case i have a settlement letter i refuse to sign i don’t mind waiting years to get my settlement i cant sign this in good consciously they have me in wrong tier my medical records are clear cant get the lawyer on the phone thinking about suing for malpractice of misrepresentation any body else want to join together start a movement all us girls use same lawyer

  10. Lorri B says:

    I am part of the lawsuit and I wish I knew something. But, id like 2 say I’ve have 4 sugery 2 try and fix me and nothing has helped. Iam 47 and can’t get milk out without pee running down my leg. Iam so sick of everything. Just wish I knew something.

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