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Mesh News Desk Denied Access to Sherrer Pelvic Mesh Trial in Kansas City

Solyx pelvic mesh by Boston Scientific

Solyx pelvic mesh by Boston Scientific

Mesh News Desk, January 7, 2016~ On Thursday, January 7, Mesh News Desk (MND), its editor and readers were denied access to the pool camera and coverage of the pelvic mesh trial of Eve Sherrer in Kansas City, Missouri.

Sherrer v. Boston Scientific and C.R. Bard began December 2 but was interrupted for the holidays. It resumed Monday, January 4th.

Mesh News Desk had access to the pool camera and its daily feed until defense attorneys objected to a reader’s comment.

Jean Maneke, media attorney

Jean Maneke, media attorney

Jean Maneke, an attorney hired by Courtroom View Network (CVN), a for-profit business which operated the pool camera, argued before Judge Robert Schieber that many online media organizations accept comments from the public and it is the public’s right to comment, within reason.  Maneke characterized the comment/ comments in question as “inflammatory” but not threatening.

The judge decided CVN could stay but MND was denied access.

Here is attorney Jean Maneke’s Motion for CVN, which clearly states the new reality of online news coverage and the public’s discourse.

As it now stands, interested parties can subscribe to Courtroom View Network to watch proceedings at a cost of $250 a day, according to their website here. 

Jim Griffin

Jim Griffin

On  Monday, January 4, an attorney representing Mesh News Desk, Jim Griffin, appealed to Judge Robert Schieber to resume MDN’s access to the pool camera.

Judge Schieber

Judge Schieber

The transcripts and the MND motion are available to subscribers of the  Mesh News Desk newsletter. Please make sure you are signed up to receive the newsletter on the right hand column here.

Also you can find the Judges final order Jan 7 2016 here.

While Lori Cohen, an attorney for defendant, C.R. Bard initially said to the Court, “It was not the coverage itself that was challenged, it was the reader comments and reaction…”

She then cites the headline “Mesh News Desk Files Brief to Stay in Court as Sheerer Pelvic Mesh Trial Resumes” as an example of inciting readers to “gin up activity,” a colorful reference to an undefined action. 

Lori Cohen, Attorney for C.R. Bard

Lori Cohen, Attorney for C.R. Bard

Judge Schieber said reporting needs to be without an agenda and that his job is to make sure attorneys in his courtroom feel comfortable. He invited your editor or any members of the public to watch the proceedings in his courtroom.

Court Operating Rule #16 specifically forbids judges to “mediate any dispute as to the appropriate media representatives authorized to cover a particular judicial proceeding.”  The Rule #16 does not provide authority to decide or direct the content of any stories produced on a particular proceeding.

The Sherrer trial is of particular interest because the plaintiff  was implanted with two meshes, one  made by Bard and the other by Boston Scientific. The plaintiffs case is in its fourth week but convened early Friday the 8th. It will reconvene Monday with the plaintiff’s case continuing.

MND had about 5,000 readers a day following the Sheerer trial.  #

*Editors Note – The one commented cited was made by a reader calling herself “Maria.Garcia.”  She stated the attorney for Bard, Lori Cohen (Greenberg Traurig), would lose the case, was on the wrong side of the issue, and was no better than an doctor who performs abortions. While offensive, it is not profane or particularly threatening, which would have it omitted. Your editor does not know the identity of Maria.Garcia who has failed to reply to many requests to contact me.  Again, I would request she reach out to me, your editor, Jane Akre (janeakre@meshnewsdesk.com) to verify she is indeed a mesh-injured woman or associated with the issue in some way. #

 

LEARN MORE:

MO COURT RULES OF OPERATION  

Court Operating Rule 16 governs cameras in the courtroom, here.

“Pooling arrangements shall be the sole responsibility of the media coordinator, and the judge shall not be called upon to mediate any dispute as to the appropriate media representatives authorized to cover a particular judicial proceeding. Requests for copies of audio recording, video tape or photographs shall be directed to the pool representative only, who shall supply copies upon request to media representatives at a price not exceeding actual cost.”

and here. 

“COR 16 does not affect the right of the public, including a member of the news media, to attend and observe any judicial proceeding which is otherwise open to the public. In other words, this Rule does not affect existing law under which reporters, sketch artists and others may attend judicial proceedings as members of the public.”

 

23 Comments

  1. Mary Pat says:

    Injustice? YES! Un-fair? YES! Cruel? YES! They don’t know that the injustices inflicted on the mesh injured only strengthens our resolve to fight harder! “They tried to bury us. They didn’t know we were seeds”.

  2. Don't give up says:

    I don’t understand this as the jurors are not allowed to read nothing on the issues except what’s said in the court room at least I don’t think so,what are they really worried about is it that the word is getting out there more and more about these casses and the losses these big companies are taking.

    Why would a judge do this it doesn’t make any sense what so ever thinking I smell something here and it’s not rosés is this allowed am I allowed to say this unreal.

  3. Linda says:

    Well it is insightful to know how MDND is monitored. I also think if Maria is a mesh injured woman it is necessary for her to make contact with Jane. By not contacting is would lead me to believe that she is another decoy planted by “someone” It’s OK, we will still be OK. We are survivors of all kinds of atrocities. @250.00 I guess money can buy us access! Come on ladies lets fund the MDND sight so this does not continue to be a ploy. Together, if Jane is willing we can send her to the next trial. If we each donate we can raise the money.

  4. Becky Burton says:

    I find it absurd that a judge would withhold video because a comment made by a reader posted on a website. Maybe the judge needs to review the freedom of speech for the American public. A comment on a website that is so offensive attorneys feelings would be so hurt, they might not be able to properly defend their client. Really. I think the judge should be removed from the case because a fair trail can not occur when the judge is making such absurd rulings based on a comment that isn’t even part of the trail. When the judge is joke, you know there is not going to be a fair trail.

    • Jane Akre says:

      It seems he is trying to protect those folks before him, which is honorable, but what about the thousands of people he does not see?

  5. kitty says:

    Maria Garcia has been posting for over a year– She should call u and verify she is a victim. If she doesn’t post again– she is most likely a plant.

    • Bejah Blue says:

      I had an odd feeling about her from the first time her post came to my attention.

      More importantly I feel that we are all becomming much more savvy, much more apt to engage in critical thinking about this matter, much more informed we are and inclined to understand the kind of behaviors in the adversaries than we once were as a community and I find great comfort and pride in that. There are a lot of good people in the world but it is also polluted with increasing evil and it is important that we are increasingly able to identify that when we encounter it. It seems safe to conclude that the more resistance we encounter the greater the denial of access events will be, and the greater the distress of the adversaries. We must not stop the pressure, quite the opposite. What we need to do is turn this into action, and attend the trials, engage in protests and other efforts to bring attention to this grave injustice. So long as this situation exists there will always be more that we need to do. Always remember that one person can make a difference. Each of us can, in our own way, be that person. Feeling very proud of us today and hopeful that each bit of good news will be like a shot in the arm that will inspire us to be more involved. And if you receive an offer of a settlement and decide to take it, please remember Jane and all she does and make a contribution to help her help us. Happy New Year to all.

      Bejah

  6. Linda says:

    Jane,

    Have you heard when the 37 TVT cases will be heard? The consolidated order? I thought it was DEC

    • Jane Akre says:

      April 11 2016 in Charleston WV is a consolidated cases about 200 I believe. There are supposed to be consolidated cases in New Jersey as well….

  7. Anna says:

    How sweet for this judge to be so concern with the feelings of the defense attorneys. What about trying to to show some concern with the deserving ones us “the women who suffer”

  8. Toni says:

    Jane I think all of us need to make a contribution to a fund to expose the truth to the public on a broadcast were the public all hear the truth. It seems that unless you are injured and look up info on this issue that the truth is being swept under the rug. All of us are suffering but we will all continue to do so until this is really truly exposed to the mainstream public. Expose the big pharma for what they have done. We need some true exposure or this will be dragged out till we die and go away. The true injustice needs to brought to a forefront. I have been towed from doctor to doctor 4 surgeries the last removed 85% of the mesh. Now I am suffering from daily pain and have had UTI’s nonstop now they are keeping me on antibiotics for a minimum of 2 or 3 months. I live daily with pain but the pain of letting those people down who depend on me is just another way to suffer. Trying to keep my home and my job is getting to point I can’t hang on. We all need immediate help not after its to late to help us. We are victims who truly need help from docs who specialize in the full scope of issues we face as well as financial help to get through a life of pain and at least have our basic needs taken care of. I am 50 my mom is 73 she is in better shape than me physically. Oh she and my 2 sons depend on me. We have to do something before it is to late for all of us. Any suggestions? Come on we all need to fight back. Waiting is doing little to move forward. I personally have grown tired of waiting for these companies to make it right. They just don’t care. Face the truth they would be happy if we all dropped dead and they went on business as usual. I am out of fight but not going down easy. Something drastic needs to happen to bring this to the forefront and public eye on national and international news.

    • Jane Akre says:

      Hi Toni-

      The news will not help, your law firm might…. and a competent doctor will. I hope you have both. I”m sorry about the media.. they appear to have taken a pass on this story!

  9. cybil says:

    I truly believe that IF this “Maria Garcia” is a plant, we must consider she might not be a Defense plant, but a Plaintiff plant, as well. I do think that neither the Defense, nor Plaintiff lawyers, want us to have an “organized voice”. They are both trying to make deals that benefit themselves FIRST! If, we the victims, become organized, they BOTH fear that they will lose their bargaining chip – the Defense will be drowned in the Public outcry of what their clients did to unsuspecting women and the Plaintiff lawyers will not have ANY of their clients accepting the meager settlements they are offering!

    I never saw a lawyer yet who would admit he was making money.

    Mary Roberts Rinehart

  10. Toni says:

    I went to Veronikis for my removal surgery in May . He got 85% of the prolift out but I still have most of the tvt which was eroding through so a local doc removed only that portion and left the rest. I now live with constant pain and UTI’s. I need competent doc but ST Louis is to far need someone local. Seems no doc understands the scope of issues I am dealing with. Close to losing a great job with good insurance over all this 4 surgery constant pain infection and mono all in 4 yrs has taken a huge toll on me. I don’t see an end it seems one thing after another with this.

  11. Tammy (KY) says:

    This is Wrong on so many levels…Media coverage doesn’t seem to happen. Lisa and I spoke to 3 news stations in Charleston WV and a Internet news station. ONLY the internet posted the story. We are having another MAM Rally April 11, 2016 in Charleston WV, Federal Court House. 37 J & J Mesh cases, before Judge Joseph Goodwin. Ladies….if able, PLEASE PLEASE come support this Ladies. Peaceful Rally….PLEASE stand up with US…Jane, please post on siteb MAM Rally. Be blessed

  12. PLC says:

    Hi Jane,

    Do you know why the Edwards vs Ethicon was changed from January 11, 2016 to June 3, 2016 and Mullins vs Ethicon from December 7,2015 to April 11, 2016 ??

    This is the second time for Edwards vs Ethicon to be changed. It seems like it is taking so long to get the Ethicon trials to court .

    Any information is greatly appreciated

    Thank you

    • Jane Akre says:

      Honestly I have no idea…. sorry. Sometimes the court gets jammed up and they allow for the number of weeks it till take.

  13. janet says:

    I wonder if Johnson & Johnson attorneys should have this mesh any mesh implanted in there vaginal wall are in the groin.

    Then just maybe they would understand the pain that we feel on a daily basis. But if I was a betting person which I am not I do not like losing they would beg for some other procedure now that the facts are out here.

    I could not believe when i found out what has happened to was the result of the MESH.. I went on line and started looking into things, Boston Scientific put a mesh out in the late 90s and much to my surprise they settled close to 800 lawsuits by women in 2003. And then they place back on the market in 2005 to injury this many women.. I really call this being money hungry and not caring about us the people out on this side.

    Shame on all these manufactures

    • Brenda says:

      I have Boston Scientific implanted in me too, it has been a nightmare. I don’t understand why the judge would side with these companies and want to make them feel COMFORTABLE?? Really!!! I would like to feel comfortable in my own skin AGAIN myself. If anyone has a right to view these proceedings it should be the victims of these companies.On a daily basis I am forced (because of the implant) to think about my health and how I feel. My body has been so messed up by Boston Scientific and the surgeon who put this inside of me. Janet I recently read online about how many times Boston Scientific has put this on the market and how they we allowed back on the market by the FDA again and again. I was so hopeful this implant would make the quality of life much better for me and instead it has made it so much worse. This has been the worst health care decision I have ever made and I am 63 years old.

  14. janet says:

    Is this trial ever going to be done with

    Johnson & Johnson needs to cough up the truth

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