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Mesh Settlements and Internet Gossip

holding handsOp-Ed, by Jane Akre, Editor, Mesh Medical Device News Desk, October 17, 2016 ~ Mesh Settlements are coming in and if you are a mesh-injured woman most likely you’ve heard from your law firm –  Please do not read anything on the internet. It is unreliable and gossip.

That is what most law firms tell women injured by transvaginal mesh.  Lawyers know women talk and social media is how they do it.  Women like to talk to each other, especially when they’ve been made to feel they are the “only one.”

It brings comfort when few things do.

It’s been years since litigation began in transvaginal mesh cases and after much wrangling and legal positioning, settlements are now coming in from the mesh manufacturers.

I’m reminded that Hulk Hogan recently won a privacy case for $140 million in his lawsuit against Gawker Media, bankrupting the company. You would have been better off having your privacy invaded rather than your pelvis.

The mesh settlements that are quietly underway are not designed to bankrupt any company, quite the contrary.

They are based on your degree or “Tier” of injury.

J&J's Prolene Mesh

J&J’s Prolene Mesh

Women who did not have surgeries to remove a problematic mesh generally receive less.  They may not have had insurance coverage or the cash on hand to afford a surgery.  The fewer surgeries, the lower her Tier of Injury, generally speaking, further disadvantaging women who are not of means.

Doctor’s reports are important in determining a settlement amount. But what if the doctor writes a woman is a “hypochondriac?” What if that doctor is in deep denial that he may have caused her injury?  Is that the report that goes to the Special Master to determine your settlement amount.

Some doctors at a recent urogynecologic society meeting, opined that women went out to submit their most private parts to additional surgeries, with anesthesia and a hospital stay, just to up their settlement dollars.

With 96,000 cases filed in one federal court in Charleston, WV, (multidistrict litigation) would take decades to try all of these cases, so Judge Joseph Goodwin early on called for both sides to settle. That’s where we are now.

The following is from a mesh injured woman who we’ll call Anna.

Anna says law firms claim they are out hundreds of thousands of dollars a case and really want to be paid now.

Pain by Jade R

Pain by Jade R

“REALLY?! So basically what you’re telling me is; “We milked it as long as we could and we racked up our $30 BILLION and now you victims need to accept the crumbs offered to you because time is running out (unless you want to wait many more years) OH and even if you do go to trial, know that “these conditions” that you women are blaming on mesh are also conditions that women without mesh deal with so Hey, who’s to say……”

“How absolutely disrespectful and demeaning?!

“This is completely unacceptable behavior by both the Justice system and the Attorneys! Not only are we victims of our mesh implants, we are being victimized again by the Attorneys and the Justice System. And everyone else continues to profit from our tragedies. Something is truly wrong with our system. 

 “The Justice System is no longer about Justice, It’s about making money and making excuses.”

 

What You Can Do

Prolapse by CR Bard

Prolapse by CR Bard

So, if you have received a settlement offer, what can you do?

The following is not legal advice, which should come from a licensed legal professional, but opinion that is gathered by a journalist from more than five years of coverage of this issue including interviewing licensed professionals and mesh-injured women and their families.

Check out the terms of your agreement with your law firm.  Do they have the right to settle on your behalf without your agreement? The terms of the agreement prevail.

  • Does your law firm have all of your medical records?  Is there disparaging language about you in any of them?
  • Is your law firm taking 40% AND a 5% assessment fee?  Lawyers must pay 5% into assessment which are common benefit hours set by the court in multidistrict litigation. (1 percent is the lawyers cost and 4% is his time)  Will your law firm take 36% and contribute the 4% (to equal 40%) to the Common Benefit fund OR does the 4% also come out of your settlement?  This could be called double dipping.
  • Do you have a life care plan or know what your future medical costs will be?  Have you lost your job, your home, your husband?  What has that cost you?
  • Might a plaintiff tally up these costs to come up with a more accurate compensation that comes more closely to Made Whole, which is a legal term related to insurance coverage.  See the Doctrine here and here.
     
  • Are legal fees reasonable? Can you get the actual out of pocket costs the law firm spent on your behalf?  Did it include first class airfare and hotels and the cost of a jet, or were the fees “reasonable,” that is, what you would spend on such things.

Lawyers do work hard, however, and that should be taken into consideration.  Traveling 8 hours to get to a deposition might warrant a stay in a nicer hotel.

If you agreed to the terms of your settlement, it is the contract that prevails which includes a confidentiality clause as to the amount you received. Also, note* your manufacturer will admit no liability.

Just some random thoughts and internet gossip. Please seek reliable information from a licensed attorney before you consider agreeing to any settlement.  ##

*Note to Readers * Please do not reveal any settlement amounts or your last name. But do share you experiences in bring an end to this massive litigation.   Thank you and I’m sorry! 

 

132 Comments

  1. Annel says:

    I’m glad they are starting to settle. I have not heard anything from my lawyers. I feel no one will ever really understand what we have gone thru

    • No fool says:

      Has anyone received their disclosure
      packet? If so, received their settlement?
      How long did it take? This is an AMS
      claimant.

  2. Anonymous says:

    Jane I was offered a ridiculously low amount for them causing me to be disabled lose my job I lost my way of life lost my enjoyment in life I’m unable to do house work I’m able to do any of the outside work unable to enjoy the basic things like going to the mall and walking for hours or out in the park I’ve become totally disabled because of mesh and they want to give me let’s just say less than 100,000 they made me disabled for crying out loud I will never again be free from pain I will always live in pain and I cannot work to the full retirement age and they expect to just walk away with not paying me for what they caused me I was in perfect health before mesh and now it’s been many years since this happened to me and my attorney said he has no idea when I’ll be able to go to court we’ve rejected the settlement offer and now all I can do is wait I have no time frame nothing to hold onto just that my case is out there whether or not anything will ever happen I don’t know I’m at a loss for any help whatsoever I thought about additional surgeries to help me but one of the best physicians whose name I will not mention but all of you know has told me I only have one option another implant and I refuse so just because I haven’t had a lot of surgeries doesn’t mean I’m not really hurt bad all the doctors have told me the damage was done I will never be normal again I will never live pain-free ever again in my life I don’t know what to do I don’t know how to make them understand what they’ve done to me so I wait that’s all I can do and I hurt and that’s all I’ll ever know and my marriage is over and I have to find a way to live on my own somehow someway and and I will spend the rest of my life myself now at an older age and never thought this would happen to me but it has and I don’t think the nightmare will ever be over

    • Sunniee says:

      Go to Ucla!
      They will not put mesh in you. Your life can get better if you could get to ucla.
      Why do these ladies go to Missouri?? WHY??
      If the doctor still uses mesh, he/ she is NO good. They are just as bad as the mesh makers. He may be able to help some women, but there is alot of women that he hurts..
      Pick up the phone and make a consult visit with Ucla.
      You will not be sorry.

      • Lilia says:

        I went to UCLA. I’m still a mess. Suit is with Boston Scientific. I still need additional help. Total of 3 surgeries (including the mesh implant). I probably need another one, but can no longer afford to see Dr. Raz.

    • K says:

      Did you have your mesh removed?

    • Bejah Blue says:

      Oh, they understand what they have done to you, but they do NOT care, and they are incapable of compassion or bearing responsibility. So who are, or what is it that we cry out to. That cry continues to fall on deaf ears. They think that we are a pitiful embarrassment. They seek only to silence us.There is only one thing they will understand and that is the damage of their brand. Speak out against them, stop buying their products and hit them where it hurts. B

    • me says:

      Dr. Veronikis is St. Louis did my removal and some repairs. He is excellent and he gave other options, not just mesh.

    • deanna says:

      I was also offered a very low amount in my ams claim. I am so disappointed. I am disabled now. I was an RN and I am now divorced and haved lost everything.

  3. Barbara says:

    I agree with Annel. No one will ever realize what we have gone through. I pray nobody else will have to go through this. Hope the word is getting out. I really don’t expect anything from the settlement between the lawyer and the insurance company. But if I have stopped one person from getting the mesh, then I will be happy.

  4. Lea says:

    The lawyers told me that if I didnt accept the settlement there was no other recourse.their fees were exhirbitsnt in addition to the percentage they got –what a rip off

  5. Denise says:

    make sure that you write on their contract where they’re going to take 40% of winnings , put *punitive damages not included and initial it…. These lawyers or law firms do not know what we have been thru….they didn’t suffer enough to get our punitive damages…. If you can get them or make your lawyer fight for them….

  6. Janice says:

    I was BUTCHERED 11/2/2010. They used the DaVinci for 2nd surgery Mesh implant) after implanting 1st mesh. They punctured bladder and cut ureter. I have tried 100+ lawyers to seek justice. The ones I have now do not communicate or keep you posted. Makes you wonder what they are good for. Will I ever get any justice for this MESH MESS?

    • Kelly says:

      Do you know who is handling the disbursement of the checks for the Boston Scientific Settlement. Who is your legal representation…if you’re at liberty to say? My attorney tells me they are not responsible for issuing the checks, and will not disclose who is responsible. I was told in June 2016 to expect a check by the end of the year. Now they tell me it will be closer to the beginning of the year 2017. I don’t know what to believe and even if I’ll ever see a dime from this!!

      • Mary says:

        If I were you, I’d tell your lawyer if you don’t get money by 12/31, you don’t want to settle. Especially if you are still having issues.

      • Joy says:

        I was told the same thing.

      • dee says:

        I wasn’t aware that Boston Scientific had settled, at least thats what my lawyer told me. They don’t always tell me anything much at all. Good luck to you.

      • Susan says:

        Kelly,
        I don’t know which law firm you used but the one I used has a company called:
        The Garretson Group that is responsible for basically digging through your life and finding out if you owe $$ to anyone and even if you had a bankruptcy before you filed for the mesh suit. After they dig out any of that they will contact those people, even ALL creditors that were listed in a bankruptcy case that was closed and settled and give them your
        settlement $$ before you get anything. I was
        offered a ridiculous amount and am still
        waiting to see what all the vultures (including my law firm) take from the offered settlement.
        It’s sickening that they do this. Especially since we have to live in pain for the rest of our lives and will never have the life we once did. ????
        I’ve had 5 surgeries, but the permanent nerve damage can never be fixed.
        Shame on them for all of this. We may never get what we deserve, but they will get theirs in the end. We all have
        to account for what we do in our lives eventually and they will too.
        The 2 devices that were implanted into my body has ripped my life apart and has caused severe damage to my
        family. They just don’t understand.
        I’ll never live without pain or be able to be the strong and active woman I once was. This started at age 40 and I’m now 47.
        It SUCKS and I
        completely understand and am so sad for all that have had to and are going through this.
        It’s maddening, unfair, unjust and So Wrong in so many ways.
        We unfortunately will never have an individual voice or ability to fix what was done to us.

        • D.R. says:

          Susan,

          I have not heard of them doing this, where did you hear that? My attorney didn’t tell me that past creditors etc get theirs out of your settlement. I am horrified to hear hear this, which this is the first I have heard of this.

    • Bejah Blue says:

      Janice, “butchered” is a good way to put it. I had the same. but because of my profile they had to use both methods. I had a malformed pelvic kidney and they implanted me anyway. They (UCLA’s Dr. Ha-Jong Kim) submitted me to the testing that would allow them to justify this. I did not go there because of pelvic floor problems, I went only because I had just learned I had malformed kidneys. I had walked into a trap. I could not have the mesh removed because three experts told me that could kill me. Now they are telling me about “tiers”? Now I fear I will die in even worse pain from kidney failure which JnJ would say was a pre existent probability. If we accept whatever is offered we need to understand that after all the other interested parties are paid there may be less than nothing for us and we may get a bill. I admire those that hold on, hold out for a better day and do not accept whatever is offered. B

    • J says:

      I think this is the norm… god bless this website!! Thank you Jane for all u do. As far as accepting a settlement, you dont have to! And you can fire your lawyers!!! Be firm, this is your future. We may have a mess down under, but keep a good head on your shoulders and your eye on the future. The money wont fix what is now broke, but financial struggling should be the last thing from your minds once this is done. You owe it to yourselves, you are worth it. The lawers dont care bc they say will get 40000 out of 100000 for submitting documents. The local lawyer is not doing all the leg work. So its just an easy pay day. Make them work for it, or fire them!!

    • Nancy says:

      If your bladder was punctured and other injuries, it looks like a law suit to the doctor and hospital as well.

  7. Lisa says:

    You’re right Jane, we would have been better off having our privacy invaded rather than our pelvis! I can’t speak for all of us, but in my case, I’m tired of being someones Cash Cow! I’m not looking to get rich (WOW! Hulk Hogan $140M) I just want MY LIFE BACK, be “made whole” again and I’m tired of suffering, waiting and hoping. This has gone on long enough! Most of the gossip created on the internet (by Doctors, law firms or the uninformed media) have labeled us as “payday seekers” when in fact the only real payday went to all the Doctors and Attorneys! And now they’re trying to make us feel unimportant and insignificant so we’ll accept what little is offered? I will not settle for less than being made whole again and neither should anyone! Thank you Jane for years of dedicated, honest reporting on Mesh News Desk!

    • Janice says:

      Do the BIG Pharmaceutical Companies pay off the lawyers? Seems so. In our world and society; who do you trust? Seems the Drs we used to trust with your life really have let us down. So have the legal and medical fields. I went into this with complete trust on this mesh surgery and woke up after the second surgery STUNNED that they would destroy me to this degree. It has been nothing but pain and heartache!!!!!!!!!!!!!!!!!!!!!!!!

  8. R says:

    I was offered a settlement from my lawyers and I have Boston Scientific. They are only offering a certain amount for one surgery but by their chart I should be offered a lot more because I also had to have a Interstim implant. They denied the higher amount because they said my Doctor put the reason for the Interstim was urgency and frequency instead of stress incontencice. Which is ridiculous! My doctor said that you have to treat the urgency and frequency first or you will never fix the stress incontencice! I am supposed to have a surgery in December for the stress incontencice and they will use my own tissue. I refused the settlement 3 months ago and no where in my letter was I told that they would drop me as a client if I didn’t settle. I received a phone call from my lawyer last week and they told me that if I didn’t settle they would be dropping me as a client!! They said they was getting rid of all their inventory with Boston Scientific. I don’t know what to do! I told the how can they do that was they not out to help us! My opinion is that BS offered our lawyers millions to get all their clients to settle! Can someone offer me some advice as to what I should do. I’m not worried about taking my chances in court and then loosing. Then at least I know they will be out more money fighting my case and then I will not be settling for hundreds by the time they take their part and my insurance takes back what they are owed !

    • Jane Akre says:

      Please read the made whole links in the story.

      • Renae says:

        Thank you Jane! I’ve asked them to just let me know what my insurance will take. Like give me an exact total of what I would clear and then I’ll think about it. They won’t even do that until I agree to the settlement which I think is so wrong!

        • Jane Akre says:

          Best not to mess with the one in the driver’s seat and that is NOT the law firm.

        • Anonymous says:

          There may be attorneys that will follow your case further I would get ahold of Jane because she may know an attorney that might help you hopefully Jane you know which attorney I’m talking about who also practice medicine we cannot give in otherwise we all lose you must fight if you are catastrophic Lee hurt you cannot accept these amounts it’s ridiculous I’m disabled for the rest of my life I’m in constant pain I’m not going to give up if my attorney doesn’t take it all the way which I think he will I will find another attorney one that knows about PN and the devastating effects it has but I will not give in no matter what if I have to be my own attorney in court I will I would rather get nothing then let my attorney get more than me the insurance companies get more than me and they never had to experience the devastating effects of mesh Alice the life and everyday experiences that we lose

    • Bejah Blue says:

      Remember that it could take years. I wonder if honorable firms would say what was said to you or if they almost all would threaten you this way. B

  9. D says:

    So what recourse do we have if we don’t want to accept their offer for settlement?

  10. Janis says:

    It is absurdly or offensively inadequate, unfitting for the catastrophic injuries that have destroyed our bodies and lives. One might call it a pretense or imitation, travesty, a mockery of Justice! MDL is not set up to handle the complexities of this Mesh Debacle! It is set up to pay the least amount of Liability. That’s All Folks! Unjust! Yes! Thank you, Jane, for always Telling Us the Rest of the Story! A True Journalist Indeed!

  11. Greg Vigna says:

    To date those with PN caused by the TVT-O, TOT, and POP devices are not represented in the Settlements. The women who are destroyed are those with PN. Doctors who are placing TOT and TVT-O devices are now targets for a combo malpractice/products cases outside of MDL since there is plenty of literature for them to know of the dangers of these devices and their potential to cause PN. PN is a better case for an attorney than paraplegia because those with PN would rather be paralyzed. Not hard to explain to the jury.

    GVMDJD

    • Jane Akre says:

      PN is pudendal neuralgia for those who didn’t know.

      • Janis says:

        It’s just not the nerve damage. The Foreign Body Response has sickened our Bodies! The Inflammation in our Bodies, cysts, tumors, rashes, sores, fungus, viral, bacteria, teeth loss, hair loss, incontinence, bowels, no gut health, organs hardening, cancers, diseases, vaginas closing shut etc. etc. all unexplained! We will never be well again. Our Bodies cannot be Restored. Most Woman and Men do not associate their Ills to their mesh Implants? They suffer without Knowing! Soon as you mention the words Mesh Implant! You are Marked! Imagine this? A full year to complete Diagnostic Tests with a Gastrologist! Gallbladder removal, colonoscopy, Endoscope, Extensive Blood Cultures, Urine Fecal Tests, then told you have a rare blood disorder, to much iron in your blood, sent to a Hematologist that never gets back to you, said he would review records and get sent back to Family Doctor still sick! We all have major health issues. Doctor’s don’t Know? Pelvic Pain? I can deal with it. But organ and liver failure? Can’t deal with that? No choice! But It’s not the Mesh!

    • Anonymous says:

      Thank you Greg for that post for us who are catastrophically hurt who live in pain everyday and will never be out of pain and who are disabled how do we make them understand this how do you make the attorneys understand that them offering 100,000 or $200,000 is not enough to take care of the medical expenses for the rest of our life not to mention being disabled being in pain all the time being on medications all the time which will all short our life how do we make them understand this how do we get Justice please give us some help give us some Direction I know you can’t tell us what to do legally individually or give advice to somebody but somehow someway I think you can get the message out here and our attorneys need to know that I hope that nobody that was crap catastrophically hurt has accepted these meager amounts when they think about everything in the whole scope come on ladies we have rights and even if that takes a while to get into court maybe if those that have PN and are disabled for the rest of their lives will stand up together maybe we can get some justice but to just accept that they say that this is what we have to take her they’re going to drop this is wrong and I will not accept that I’m going to fight somehow someway please Greg help us

    • Bejah Blue says:

      Thank you Dr V…do we all realize how powerful his words are? How many of us have peripheral neuropathy (PN)? It sounds to me like many of us should also go outside the MDL, file at the state level. On the battlefield do you only fight on one front or do you ask your armies to come at the enemy from several fronts at once, when you can. Negotiate with your law firm when developing your contract with them. Know your power, hold on to it, project it. You can cry when you’re going home in your car. Never show your enemy your heart. B

  12. Tammy S says:

    So internet gossip, Really??? Lets see, Doctors aren’t trained or don’t want to upset Big Pharm, might lose their bonuses or travel. Lawyers are also milking the cash cow and wants to drag this out as long as the time clock is ticking. Courts don’t have the time to try all our cases , unless we have 35 more years to wait. So, No help or empathy from most Doctors, Big Pharm waiting on us to die or settle for peanuts, and No Justice in the Courts, because they don’t have time for all our cases…..hmm USA and Justice for ALL….ok. Love the reporting Jane. Thank you as Always….oh and Love you, Anna….strong Warrior.

  13. Halfasscoonass says:

    I’ve had my Mesh since 2009,in 2011 My Gyn was curious why my stomach was so bloated,sent me down for a vaginal ultrasound. She found that My bladder wasn’t empting.She then sent me to a Urologist, who said ( with a belly ultrasound) everything seemed OK to them, No one told me to Cath etc.. Until my Kidneys shut down in 2015 twice…Ended up in the hospital both times because of the Mesh, Septic Shock! I lived thru that & I cath 3-4 times daily now. I two have a lawyer that don’t give a shit & as we learn the GYN’s or Urologist’s don’t give a shit either.weve lost everything we own due to own flooding down here in August but what the Doctors & Lawyer’s have done, takings away our womanhood & Our life as we knew it & left us with what? A measly Settlement that you would not expect unless your backed into a corner!It makes me sick to read these staments from just a few women on this site when there is so many others such as myself! God Bless All Of You!!????

  14. Diva 64 says:

    Jane, as always thank you for keeping us all abreast of the latest in the Mesh Mess. I also have heard the term of the tiers, this is undoubtedly another insult. I was an early 2002 Bladder Mesh disaster, That is 14 years, ago. I begun having some symptoms that appeared not so long after surgery, that was before anything had ever come out, about all the problems, I have seen so many doctors, I have not had surgery to remove, in fact my mesh has eroded. I have been poisoned by the polypropylene as well as metal. So many things I have discovered that showed up as far back as 2008, but Dr after Dr neglected me, Dr were in denial. I am very sick, if I had been fortunate enough to have the mesh removed I might not be dying. My complications are getting worse. And all related to the Mesh product for bladder slings. This year and it is almost November I began having elevated B 12 levels, ( no B 12 injections for nearly 2 years) None of my doctors have commented on this, I have had to study my labs, put pieces together once again as I have a lot of loss of memory, enough that I am very concerned, as well as my sons. I have had to stop driving, I have messed up my bank account all year. I have just learned through research myself how significant a HIGH B12 level is. Everything from leukemia to more adverse problems in the autoimmune Lupus problems, possible kidney, liver.etc. I will be presenting at least the last 3 B12 readings to my doctor in one shot next visit month. I don’t think medical offices take time to look at what the previous lab results were when they get new results. How the tier process for how many surgeries you have is the idea of what your settlement should be, is like asking if you want ice cream with your pie. BS, all of us have not had great doctors, or the financial means to get the quality of care that we needed. We have lost our health, years of intimacy, loss of loved one, loss of our memories, and eventual death.
    How do I place a dollar amount on all the negligent doctors, when it is the pharmaceutical manufactures that will be making the offer to settle. Am I still competent to read the stack of papers that my law firm is sending me with settlement offers, do I need to hire another lawyer to read and help me through the understanding of these papers. How do I get a doctor to determine my future medical needs, as they have not yet placed an expiration date on me. all I know is I have gone through hell, because of a bladder leak, and unapproved Mesh polypropylene by FDA, and incompetent doctors, that refuse to listen or acknowledge that MESH was my problem. Until this past year. I have known, since 2011,for sure, 2012 ANA Lupus. so many health problems. I will be the first one in my family that has the memory problems, my father lived to be 85 years old,my mother to 78. they both were fine in the cognitive way. I am scarred. I won’t even know my name one day but still be alive.

    • Bejah Blue says:

      Dear Diva, I don’t understand the problem with B12 you outlined. I thought that, if one takes B12 there is no concern about over medicating because what the body needs is taken and the excess washed out. Are you experiencing B12 OD? And can someone say what it is that makes someone need to use a catheter? Feeling for ya, B

  15. David A says:

    Wow!! After 7 years of this bs,ive lost my wife,ive lost all those years with my 3 kids..why?? Why cant these people even do the right thing? After getting a offer that the lawyers will get most of it after we pay them and the loan that we had to take for the sake of being homeless,,we will take that money and pay bills,a car and then sit back and wait on being homeless again..why?? My wife has no future,no health care, a torn up family,and just knowing that she may be visiting the hospital again real soon… Nice life j&j, so she may not live another 10 years,we owe alot of medical bills and my family is in ruins,,for which what amount of money is my family worth?? Knowing we cant go back and make up for the lost distraught years??? We dont understand these ruleings of such a low settlement…please for the love of god and for the sake of all your families–j&j and all you lawyers and yes you judge in west virgina… all you have loved ones? So please!! We want all of you to sit back and really really think about it..

  16. nanete says:

    is there a way could take this to the media or to cngress and make it naional news maybe with pressureb it would would bring a national spot light to which we have suffered look at the billions mesothelioma has gotten i consider thhis just as bad as that and if you notice this hasn’t even effected j&j in thier pocket book there shares are up this quarter

    • Jane Akre says:

      Nanette- thee certainly needs to be a review of the MDL system… It is fairly new and untested. It was supposed to streamline mass torts, but you see what’s happening. Theoretically it could work but the huge amount of $$ involved make it an imperfect system.

    • Janice says:

      I just need help with the legal firm I THOUGHT was representing me. I fired one 2 yrs ago only to get someone in CA who will not talk to me; respond to emails; or even say KISS MY A__! What a bunch of losers! Does anyone have ideas, or care about this mess?

  17. Aaron says:

    Jane;
    I find your opinion-ed pieces to be inavaluable. You have had likely thousands of conversations by now, with hundreds of injured people and their family members, and you’re able to provide a comprehensive viewpoint. Thank you!

    • Jane Akre says:

      You are welcome and thank you. I am looking for law firms to respond here as well… what can women do if they do not want their offers?

      • Tammy S Jackson says:

        Jane, Attys to help with Mesh Sisters that are offered peanuts would be Awesome. Thank you for all you do.

      • No fool says:

        Please keep us informed. I have a
        disclosure packet on the way
        (supposedly). This is after many hours
        calling, investigating, etc. I am very
        curious to see how this plays out. My
        atty’s paraleagals are very nasty and
        always putting words in my mouth.
        i began emailing because it clearly
        shows in black and white the whole
        conversation and is documented.

        • Jane Akre says:

          Very good idea to keep notes on conversations…. proud of you for thinking of this. Imagine being mean to someone who is injured…..

          • D.R. says:

            Every time I speak with my attorney’s over the phone, I have my mom and my husband on the phone as well just to make sure I remember everything said… otherwise it’s through email… paper trail.

  18. Anon says:

    So true Dr. Vigna. PN pain is in a game of its own.

  19. Tommy says:

    Why are we not fighting back im ready. i was butchered mylife was destroyed really and these greedy mess is getting by with this lets fight back who is with me.!!!!!!

    • Anonymous says:

      I am I will fight them until they compensate me for how they made me. I wish I could go back before mesh but I can’t I will fight to get the treatment I deserve and will not take pennies

    • Janice says:

      I have wanted to fight this stupidity since the train wreck (mesh) happened. Then they say to get it removed. How in the name of any sense would you let another so called Dr dig into your abdomen to remove 2 mesh mistakes?? I learned my lesson!!!!!!!!!!!!! I can’t even get a law firm to answer my calls, inquiry, about my case. You live in pain, and total recall of the horror of having this CRAP placed in your body. The powers in those courthouses don’t know S__T about the pain and ruination of our bodies. We all need a voice and help in this. Somebody HELP!!!!!!!!!!!!!!!!!!!!!!!

  20. Must be a “rigged” system. No one seems to know what to do with this gigantic MDL mess.Big Pharma, insurance companies and law firms are the real winners…we women who are damaged by trusting our doctors are left to be nothing more than “locker room banter”…Jane…thank you for everything you do to inform us.
    Do you know how many tiers there are and how they are broken down?

    • Jane Akre says:

      It depends which law firm is settling and which manufacturer. But several at least for each.

    • CD says:

      The Mesh MFG. Co. called this exceptable loss, and they accept the loss as doing business. They pay lobbiest to lobbie congress to pass laws that protect them from lawsuits like this… the lawyers, are as deep in to this as the Mesh MFGs are….. My Wife has been dealing with this from 2006 until now, with multiple surgeries. Dealing with pain for years and her doctors telling her that it was a part of getting older only to find out that the Meshs that they put inside her was the cause of her pain and pelvic problems…. this is a beast to fight…. stand strong and don’t stop fighting… because the Mesh MFGs won’t …..

  21. Renae says:

    Has J&J made any offers as to settling?

    • Jane Akre says:

      Yes.

      • Renae says:

        How do we find out where our case is? Mine was filed in West Virginia!

        • Renae says:

          Awko Lawfirm out of Florida is my attorneys!

        • Jane Akre says:

          Go to the Southern District of WV and the MDL page is there. You can click on your manufacturer and in small print in the top numeric cases, click on that …. you may find your case that way. Use the search bar upper right and put in plaintiff and your name. Hope that helps. All of this is of course information that your law firm might have provided………Seems like there is a better way to keep clients informed than this!! Law firms?

          • Kelly says:

            I found my SDWV (Southern District West Virginia) Case # and it says my case was closed and was dated 9-9-2016. So, If my case is closed, doesn’t that mean I should be getting my settlement? Geez, how long does it take to cut a check. Like I said in my previous blog, I cannot get my attorney to tell me who is responsible for issuing the checks. I don’t know if I have any recourse but to wait since I’ve already signed the settlement agreement..? I am about to have surgery (for another illness) in November for which I will have to miss work and have no way to receive compensation during this time with the exception of my husbands income. I am considering Lawsuit Financing….Does anyone know about this…Jane?? Are there reputable lenders out there? I have read information from Lawsuit Financial and they seem on the up and up, but I don’t know what to think anymore. What are your thoughts on lawsuit financing? If you know anymore about when settlements are to be forthcoming based on thdate the case was closed…please advise.
            Thanks so much for your help

          • Jane Akre says:

            If you can avoid borrowing that would be preferable. I do not understand why your law firms cannot come up with an answer about when checks will be issued? Certainly in a timely manner is required in any settlement, otherwise who is reaping the interest from the settlement dollars that are presumably sitting in some account somewhere? I guess you could become the squeaky wheel!

        • Kitty says:

          Wouldn’t your attorney know?

  22. Tammy says:

    Interesting fact here. I had two mesh implants, recovery surgery and then another mesh implant. I was placed in a tier that does not even include “having a surgery” because during the recovery surgery, they could not recover any part of the first two meshes that were implanted. That means that, although I had a total of four surgeries, because the mesh eroded and could not be removed I am being offered a very low settlement amount. I thought one of the problems of the mesh was that the mesh eroded???

    • Jane Akre says:

      erosion, chronic pain and infections, nerve damage, autoimmune issues, and the list goes on and on…I certainly hope the last implant you had doesn’t do you harm as well.

  23. Mandie says:

    My urologist advised against me having my mesh removed. He said it would take numerous surgeries and still probably wouldn’t be able to remove it all. Is the fact that I decided not to go through with this surgeries going to hurt my case?

    • Jane Akre says:

      It could hurt your settlement. , according to the settlements offered so far. Can you get an expert opinion? Do you have a reason for removal? Few docs want to attempt a mesh removal unless they are capable, so if you believe that would relieve you of pain and infection, you might seek out 2 or 3 opinions, is a thought.

  24. Kelly says:

    I wonder if I’m a fool now for having accepted the settlement offer from Boston Scientific, but the lawyer (Waters and Kraus) I retained, felt like this was a just and fair settlement offer and urged me to accept. They told me that if I didn’t accept, it may never even make it to court. I also had the a similar situation that many of you describe here. I was placed in a lower tier because I was diagnosed with UI and SI instead of POP. I had two surgeries by the physician who initially placed my mesh and then sought help from a specialist in Kansas City who said I had POP and should have had a cystocele/rectocele repair at the initial surgery which would have increased my tier and thus my payout. BUT…that is really a mute point now as I have already accepted the settlement. My BIG frustration now is that I can’t find out the status of the settlement. My attorney won’t divulge any information as to who is handling the disbursement of the funds and they just keep telling me a later date to expect the check each time I call to inquire as to the status of the claim. Not that I am expecting to get rich off this, I just want to pay off my medical bills and get on with my life. I have accepted the fact that I am not ever going to be the same and I pray I don’t end up like many of you…TOTALLY DISABLED from this. God Bless you that are and you’re in my prayers. If any of you have any information as to who is in charge of paying the settlements and if you’ve been told when to expect your payment…please share this information…Thanks!

  25. Mary says:

    My Mom died September13,2016.

    She had a TVT device implanted in 2001. She suffered horrible multiple infections and severe interval bleeding needing transfusions, and her incontinence was worse. The past 7 years she wore a catheter and Dec 2011 lost her ability to walk. We never even thought about the mesh until TV commercials. We asked her urologist 4 different times about her device and were told NoShow-NoProblem. Last summer, I took her to a Specialist, a Urogynocologist. He said the same thing after an outpatient procedure showed no mesh erosion. After the procedure and back to the hotel, another bleed and 6 days in ICU with more transfusions.

    The horrible pain and the awful smell of her urine was so embarrassing to her and the nursing homes could not stop the horrible rashes and skin infections.
    I am so sad for My Mom. She was treated badly all her life and then this horrid way she had to die. Her last night was no better. Her fever was 104 and morphine every hour, yet she fought for every breath. She didn’t want to die. She wanted to live.

    In 2008, if J&J would have sent a warning, or checked on her and other patients, she could’ve had it took out. She could still be sitting here with me instead of her ashes beside my bed.
    She was 73. 5 kids, 11 grandkids, and 5 great grandkids.

    I filed her case in Jan 2015.

    She had an autopsy and the mesh is finally out of her.

    How many have already died? How many more must die before these companies realize you don’t implant any substance in anyone that’s never been tested and proven safe?
    If you ever had an implant, and it’s still in you, I advise you to get it OUT while you’re still breathing. This has been the most horrible ordeal of my life.
    15 years it was inside of my Mom.

    No one said a word.

    Jane Akre is the only reason, I’m able to deal with this. I am so thankful I found this site. I wish I had known sooner.

    • Jane Akre says:

      I’m so sorry Mary…. your mother sounds like a wonderful person…. I wonder if she would be considered part of the “Anti-Mesh Movement”? Her story should be told…I would love to tell it if your lawyer will let me, so others can read about it,,,,including doctors and industry…

      • Mary says:

        Absolutely! I will be meeting with lawyer in the morning at 9:30. Let me know what you need. You know you have my permission. I’ve sent you everything I know.
        I pray they will stop doing this to people. I never dreamed my Mom would die from “a band-aid” the urologist kept saying was harmless.
        I always wondered why her urine and feces smelled so horrible, and it’s because polypropylene holds odor. That’s why they couldn’t use it for clothing, and added something to it and made polyester. This was back in the early 60s.
        Her mesh had embedded itself in a fibrotic scar.
        Also, when she would bleed, sometimes it would be from her rectum, sometimes her vagina, but never both at the same time.
        If any of you have noticed a strange smell, it’s probably the mesh.
        I will do anything to help Jane!

  26. Kitty says:

    Does anone know what Oct 18 order of severence mean? ie MDL

  27. Tommy says:

    What happened to free speech I’m being told not to talk about my settlement. It’s just nuts what this bunch is getting by with something needs to be done now we all have our stories what this mesh mess has done to us where in the hell is justice God Bless America, America really.!!!!

    • Tommy says:

      Ok im being told to keep quiet I’ve done lost everything I’ve been through hell since 2010 I don’t want to keep quiet anymore I want to sing it to the height of the mountains and the media but they won’t have anything to do with it somebody needs to help us and help us now

    • Jane Akre says:

      Most settlements routinely come with a nondisclosure clause as well as no admission of liability. Know that when you accept a settlement, you likely accept those terms. Read your documents carefully.

  28. Charmyn says:

    I also have J&J gynacare have not heard anything from my attorney been going on 5 years

    • Jane Akre says:

      Do you even know if your case is filed? Find a contact person, insist on speaking to someone. Ask where your case is filed and get the case number. Ask them to send you a copy. That is the very least they can do. Ask who they are partnering with or are they working your case up for trial? If you are dissatisfied with your attorney, you can send a certified letter and fire them… BUT you better have somewhere else to go. That’s the Catch 22, you cant speak with another attorney until you fired yours. I do believe no communication is unacceptable… just my opinion.

  29. anon says:

    Dear G-d what a mess. It gets worse and worse every day.

    I know which attorney sent out that letter about this site, maybe others but mostly this site, and the gossip.

    This site is the most accurate, up to date, honest, and has the most experts weighing in with excellent law and medical degrees, journalism degrees, and higher education.

    And the person who read it to me said he sounded almost angry in his letter towards women. I had to agree. Had it not been for this site, thousands of women and some men would be so lost right now, and many more MAY have died or committed suicide.

    I have no data to back this up, but the fear, pain and hurt in the comments say it all. People have to have a place of common knowledge to share and vent. I believe this site should win awards for the coverage received. And Jane has done an outstanding job on not allowing bashing of the pharmaceutical companies personally.

    The bashing has always lead back to one thing, the mesh products themselves, and how bad they are for human bodies.

    The frustration is other people telling women they are wrong. Like the male attorney. Wrong in coming to this site for knowledge, help, advice?

    Dear Mr. Attorney, instead of saying, dear client, I hope you are ok today, or how you are doing, you say, don’t believe gossip as I have not found any site to be honest and truthful, or something to that effect. Wham!

    I would like to ask him personally, what in the world makes you feel this way? it seemed out of context for him to offer his personal opinion.

    • Still Standing says:

      Anon, there always seems to be a new flurry of distrust of and unhappiness with attorneys when settlements start going around, mainly because they fall short of expectations or the letter is too legal. They should figure out how to talk where we can understand it. I have gone through 2 of these settlements from two different companies. Based on my experience, I imagine every settlement letter will caution about what is being reported on the internet. Mine did not say not to trust an internet site, but not to believe exorbitant settlement amounts that some are claiming to get for their clients. Many of us have read some of those I imagine. There is a big difference in those two interpretations. Then they go on to describe why they are recommending that you take the settlement, describing things that the
      defendants will argue should you decide to refuse settlement and go to court. It is true that some women who have non mesh surgeries have complications. Your attorney is not saying your complaint is not credible, but they are being candid about what to expect in a trial based on the discovery that has taken place. By signing the settlement agreement, you are agreeing to abide by the terms. All settlements are private. If you take the money, you may not disclose the terms of the settlement…dollar amounts, tiers, any specifics about your individual case. You are not barred from commenting on websites like this, or on any social media that you use, but you cannot conduct a personal vendetta against the company you settled with in a public space. You can talk about your mesh complications, your struggles, your anger, etc. but you can’t call them out. To do so can result in the company filing suit against you to reclaim the money they paid you. No, it doesnt seem fair, but this is the system we have to operate in right now. As a woman who lives with mesh, we have a right to be outraged, but it is also important to step back and not take everything personally. Settlement notices and letters fall into that category. Other than your tier and $$ amount, they are just form letters. We have enough other things that make us angry and add to our pain.

  30. Flawed Justice says:

    I have been disrespected over and over again by my law firm. If I could fire them at this point I would. They are liars, secretive and has only hindered in the huge debacle. I absolutely cannot stand the lawyers that are handling my case. I want to cut ties with them as soon as possible. The money is not there so they want to drop mesh injured women and run with the money(40%). They do not give a damn about me or any other women. I was recently diagnosed with a serious disease that will cost me thousands over the course of my life. Prayers please!

    • Jane Akre says:

      My understanding is one can fire their attorney if they send them a certified letter doing so. Unfortunately the firm may want some money back for its time and expenses… Check the small print of any written agreement.

      • JB says:

        Fired one 2 – 3 yrs ago. Got an even worse one who have sat on their hands for 2 yrs. Can’t answer phone, emails, etc. Just indifferent. Don’t even know if they are representing. Help!!!!!!!!!

        • Jane Akre says:

          D o you know if your case has been filed? Do you know where? Thats for starters….. please get that info and your case number.

          • JB says:

            Don’t know if case has been filed or where!!??? Can’ t get any responses from legal firm. If you get a response, they will say “Oh it will take years and lots of time to file this, blah, blah, blah.” What can I do? I already let one firm go, 2 yrs ago. Same story. These people now are worse then the others. Don’t know who to trust, contact. Looked on the MDL in West Virginia(from your suggestion, Jane). Apparently the 1st firm did file on the one mesh; however, nothing on the other. I had two implanted. It has sat there since 2013, the present law firm did not even tell me this. I found it myself!!!!!!!!!!!! I need some guidance on this ordeal. Somebody, suggestions, please.

          • Jane Akre says:

            You need to speak to someone at your law firm…. alternative is to contact the bar association in your state and report them!!!

        • Still Standing says:

          JB. Did you have both mesh implants at the same time or different? Did you have the second when the first one failed? That can make a difference because if you had the second one and dont have documented injuries from it in your medical records, there may not be a case for the second implant. There would have to be good medical records about the damages from the second one apart from the injures from the first one. You need to talk with someone in the law office. Suggestion, call and ask to,speak,with someone who has kmowledge about your case. Have your questions written down and tell the individual that you have some questions and would she or he have time to listen. Then just go down your list. The front people are probably getting yelled at and cussed at by clients a lot, so be one they remember nicely and they will help you out when you need answers. Since this is your second firm, you need to try to work this out with them. It may be hard for you to bring a third attorney to your case.

  31. SP says:

    Jane can you tell me what this means? I received a letter from my lawyer today stating that if I didn’t accept the settlement with BSC by Nov 18 that they was putting my case on the inactive docket! If I wish to continue with my case I would have to file a motion to reinstate my case accompanied by an affidavit signed and explaining why I refused or inability to consummate the settlement and it must be filed by March 6, 2017 or my case would be dismissed without prejudice by the court. Then they told me that if I wish to proceed with my case I had 2 options: hire a new attorney and they can file a motion to reinstate and prepare the affidavit before March 6, 2017 or I can request my current lawyer to reinstate the case but if I do they would will file a motion to withdraw as counsel from my case at that time!!! What the crap ! How can they do this! How can I find another attorney to take my case. They sent me a copy of the complaint form that was filed with the court with my case number also! I can not believe I’ve waited 2 years for nothing!

    • Jane Akre says:

      I’m so sorry. The short answer is you’re being dumped. Okay, let’s be polite, they are not continuing with your case. Depending on its validity and the tier of injury you were placed in, this could be good news for you in my opinion. Who wants a law firm that is not working on your behalf? I know nothing about your case however and you are free then to consult with a new law firm, if you feel your case has merits. If you send your law firm a certified letter that you no longer require their services, you might then be free to consult with a new law firm…. No one else will talk to you while you are still represented.

  32. SP says:

    Jane here’s a little about my case. I was implanted with a TVT in 2007 while having a hysterectomy. The sling was for mild leakage and I was 29 at the time. When I woke up from surgery they told me that they found endometriosis and had to take both ovaries and the. They said Oh by the way you also have a bladder disease!!! My gyno told me and my family I had Interstitial Cystitis which I had never heard of. I was supposed to have been realeased the next day but I couldn’t pee I cried it was so bad. I was in the hospital for 3 days. So there’s my first sign the mesh was a problem! Now keep in mind before my surgery the only thing wrong was if I coughed laughed or sneezed I would leak just a dribble . Boy do I wish I would have just left it ! But anyway I never had bladder pain until after my surgery. As soon as I got out of the hospital I started having severe bladder spasms and pain. My gyno was 2 hours away so I went to my family Dr and he gave me B&O suppositories. That’s how bad I was. My gyno had started me on elmiron and told me to do bladder installations. So to make this a little shorter my stories goes like this. For 7 yrs after my TVT I lived is constant daily pain was told I had bladder disease Ibhad went to 5 different urologist had 5 urodynamics done my bladder compacity is shot. The muscles and nerves are also. But none of these urologist EVER said it was my mesh I even asked them ever time. They all looked inside my bladder never elsewhere. I had several cyso and hydo’s done I was taught how to self cath and instill Marcaine and gentamicin directly into my bladder for the pain and spasms! Well in 2014 I went back to my gyno because I was a mess she checked me told me my mesh was fine! She sent me to a new urologist on a Thursday and as soon as he feels he said honey has anyone ever mention your mesh to you!! I said NO , he said I think it’s eroded and it’s def not where it’s supposed to be and too tight! That was a Thursday and I was in surgery on Tuesday having it removed! The mesh had eroded through my urethra into my vagina and also eroded to my bladder wall and was like this for 7 YEARs!! I now have a Interstim implant because of the damage from the nerves and muscles. My law firm is wanting me to except this offer which is a slap in my face! They are denying me on one of the tiers that I should be on since I have the implant because my dr put the implant was for urgency and frequently instead of stress incontencice. He said you have to fix those first or your defeating your purpose. I’m supposed to have the stress incontencice surgery in December. This is why I can not accept this offer I can not afford to keep up the maintenance on my Interstim right now!! My insurance has a 4000.00 deductible and I’m supposed to go every 3 months to have it programmed. I am afraid no other law firm will take my case now. Jane can you help me. Sorry this is so long but I wanted you to know more about my case and the hell I’ve been through and still going through.

    • Jane Akre says:

      You can write me privately janeakre@meshnewsdesk.com I’m sorry. It may not sound like it but you are in the driver’s seat. They do not get paid unless you accept the settlement…so they are dependent on you …

    • Still Standing says:

      SP, your ordeal sounds horrifying. I”m so sorry for all you have been through. It doesnt feel right that your law firm is bailing out on you. You have the right to be told the specific reasons that you are being dismissed. Do they have all of your records and especially the records of the last surgery with the mesh erosion? Was any tissue preserved from that? Have you actually been able to read all of your health records, including the surgeries? Your attorney should have accumulated those and they should give you copies, though they may actually charge you a copy fee ( adding insult to injury). There are often big disconnects between what is on your permanent health record and what you have been told. Make sure they are correct. There Is an appeal process where you can make your case for more money with the Special Master although I think you have to agree to settlement, then appeal. Please ask them to explain how they made the decision to cut ties with you and, although they gave you two options if you dont settle, you really only have one since one of the options is that they will drop you anyway in March. I would imagine, though, that they have covered their legal butts and and they are not outside of their legal rights. However, ethically it seems that they are walking on the shady side.

      So, SP, hold them accountable to you. You are their client and you deserve more than a letter. Also, please tell your physician that you cannot afford the Interstim maintenance right now and ask about patient assistance programs. It could be that the company has a safety net program.

  33. Tommy says:

    My law firm is like the rest im reading on here lies lies no one is. Telling the truth i want to fire my. Lawyer for what there is no justice here for any of us our bodys were destroyed and lives. And they could care less .just keep lieing and they want to make you feel like you are waiting on a pay check. Thats what my firm sad crazy give me my body back we need some kind of justice here !!!!!!!!

  34. Tommy says:

    I do not trust no doctor now because im poor thanks America and to think my Father fought for this country and it destroyed him too i can truely say now im afraid .

  35. JB says:

    Who the heck is the expert/leader of this awful mess? Can no one represent or speak for all (of us)? All I have wanted was to be heard and listened to about this horrible, horrible surgery and to NOT allow others to be harmed. Why does no one believe or listen to the injured? (Oh yeah, Land of the Rich and Richer!!!) I hope the ones that market; use these products and implant them can sleep at night! Wonder if any of the women or wives and girlfriends of mesh peddlers have had the junk implanted??? Just wondering.

  36. Still Standing says:

    Kellie, it will take several months to get your initial check, which will be 60% minus 25% of the total award (not just 25% of your 60%) minus your individual case costs. This should have been spelled out in your settlement letter. The attorney is not sitting on it. When a law firm delivers the settlements to the court and the court closes your case, the money is put into a settlement fund with a special master. It is that person who oversees the check disbursement. It will take close to a year for you to receive the money left from the 25% after your liens are paid and cleared. They are more than likely not cutting just one check, but many from yiur firm, somit takes some accounting.

    • Kelly says:

      Dear Still Standing…I guess I should have paid A LOT more attention to my settlement letter &/or the fine print. It sounds like you have some experience in this area (I surmise this after reading your post to me)…What I understand you to say I am expected to receive 60% minus 25% of my total settlement amount in one check minus my my individual case costs [this is CHECK #1]…That part I think I understand…but how long after your case closes (which mine closed 9-9-2016) should you expect this check? My next question for you is what is the 25% for..& who has control of this amount? Is the 25% money that is still owed to me & I will receive that too as you said “it will take close to a year for you receive money left from the 25% after your liens are paid & cleared”. This would be [CHECK #2]. What I am still confused about is…when can I expect a check for the 60% {what time frame from the time my case closed}? I know you said it could take up to a year (I assume you mean a year from when my case closed) to receive CHECK #2…that part I understand but I’m wondering if you mean a year from when the case closed or what? Also, you said I would receive the remainder of the 25% after my liens are paid & cleared…what liens do you mean? To my knowledge..I don’t have any liens on any amount of the money I’m supposed to be receiving. I do not have Medicare or Medicaid & I am making payments on my medical bills from the surgery (no private hospital or doctor has placed a lien on the money) except for the bills I have already paid in full. My concerns at the moment are…I was expecting to get the settlement money (I guess the 60%) by the Nov.2016…which is what my attorney said back in June. Now my attorney is saying it is looking like the money won’t come until Dec. 2016 or beginning of 2017. I am about to have surgery (Nov. 2016) & will be off work & without an income & need that money to help pay bills. I have been researching Legal Financing to help pay my monthly expenses which appears to be my only option now since I can’t get anyone to give me a definitive answer on when to expect the money. Do you know anything about ‘legal financing’? Would they be taking a lien agains my settlement amount & that would be paid out of the 25% you were talking about expecting in a year? Sorry if I am asking you questions you might not have the answer for…seems like this should be my attorney’s job but obviously they aren’t coming up with any answers for me either which leads me to resort to asking people like you & Jayne for advice. I am going to call my attorney once again tomorrow & see if I can get any more clarification of my questions…but I’m not any more optimistic about getting answers from them than I have been in the past. I’m hoping maybe the lawyer with the legal financing company might be able to give me more information too. Anyway…thanks for the info you’ve already provided & if you’ve got any further input…please respond again when you get a chance…btw…how do you know so much about these things? Is it because you have been in a settlement before or are you in the legal field?

      • Kelly says:

        Still standing…how does one find out who the ‘master’ of the settlement fund is? Is this information my attorney has or where can I find out?

        • Still Standing says:

          Im going to answer this short one before I tackle the bigger questions you have. . You should be able to go to your company’s MDL site, go to orders tab and see if the judge has appointed a special master to administer a settlement fund with the law firm who represents you. If you cant find it, you should contact your attorney. However, I doubt that you can contact the Special Master via phone or email. They will not guarantee a pay out day. The Special Master is probably overseeing more than one settlement fund. I know how frustrated you must be and no kidding. The entire process is way to complex.

      • Still Standing says:

        Hi Kelly. Im so sorry you are having to have surgery and have so much stress about it , especially financial. Stress can generate a significant pain flare and this is especially true in the pelvic area. If you still experience pain from the mesh, it could cause you to brace more. Just being aware of increased muscle tightness and taking deep breaths occassionally can help.
        Now, Im going to try to answer your questions. I am not an attorney, but have just learned what I know from experience. You are correct about check #1. To figure this, take your total award, subtract 40% (attorney fee )’ then divide your total award by 4 and that is the 25% they will hold back so subtract that from your 60% as well. Then, you will subtract your case costs and that will be your first check. Warning…case costs can be a big surprise. There are filing fees, copy fees, discovery fees, your individual MDL fee, phone calls, etc and those can add up. My case was worked up to be trial ready so I also had deposition costs, which were big. My case costs were over $80,000, mainly because of the trial ready work. This check will come from your attorney and I received my checks about 3-4 months after agreeing to the settlement. I dont know if you could ask your attorney to intervene for you because of your financial circumstances, but it is worth a try. I dont know much about lawsuit funding, but I have not heard glowing praise for them. You just need to be really really careful. You also have to have permission to do this from your law firm. Have you run this past them? Yes, they will hold a lien against your settlement, plus a hefty interest charge. Liens are negotiated with any insurance company or any provider that paid for your care related to the mesh. I had good private insurance and owed no medical bills so I didnt think I would have any lien payments. I was surprised that I had to pay back more than $45,000, but insurance (three different companies) paid more than $1million for my care, so I decided it was fair enough and didnt ask too many questions. I received one final check about 1 year after the case was settled and have yet to receive the second one.

        I dont know if this helps. Maybe others could relate their experience. I was just lucky to have an excellent firm handling my case, so my story is a little more positive than others that have been talked about on this site.

        Just one more suggestion…. There are community safety net programs that could help you with your bills while you are out of work. Community action agencies help with electric and other bills; food pantries can help as well. Churches also can provide help. Don’t hesitate to use what is available. That is what they are for. I dont know where you live but I would be glad to help you research what is in your area. Be well, Kelly. Im so hopeful that things work out for you.

        • anonomous says:

          So, my lawyer told me that all settlements will have a portion held back, in case of liens. ERISA, I am assuming. The complicated issue is, I had several surgeries, and even lost my kidney, and had renal cell carcinoma show up on that kidney, after the mesh implantation. The cancer was thrown out, so, I should not have to pay back insurance for that part of surgery, as it is not part of settlement. I want to make sure that what I am having taken away is indeed, the correct injury. So, does the firm send me a print out, documentation, before they take any ERISA out? It has been 3 years for things to even get to this point. I am not sure if ERISA falls under these settlements, or only auto accidents. It is so vague, and I researched this on my own. Plus, I have asked lawyer @ how long all this research into insurance takes.

  37. Jeannie says:

    I recived a offer from AMS this summer turned it down so it went back to the special master to review again my lawyer told me not to take it and he is a good lawyer I received a letter from Special master that they are reviewing it . There is no way I’m taking penny’s for all my pain and suffering and still going through I’m sure it will be a long time to here anything but I have nothing to lose do they think we are just going to settle for penny’s no way I will have my day in court I told my lawyer that .

  38. gary says:

    I Read that the Canada Govt ruled that any MESS CASE has to offer a Minimum of $ 500,000.More if problems.Is this TRUE.It reminds me of US Paying double or Triple for MEDS.Dont sign anything a WORLD WIDE SETTLEMENT might be coming.Even Judge Goodman asked the MED COMPANIES to get serious.OR Lose BILLIONS IN COURT.Lets be Honest theres people that filed suits and theres NOTHING WRONG.The court is trying to weed them out along with law firms and Med companies.Why do you think these SPECIAL ORDERS FROM THE JUDGE to meet NEVER Are made PUBLIC.

    • Jane Akre says:

      Gary the orders to meet ARE made public and I’ve not heard of anyone on these pages or who calls me who is faking it…. I just don’t feel like I’m talking to those kinds of folks. Their first question is about their health, not a lawsuit.

    • Still Standing says:

      Gary, actually the most recent Canadian settlements were regarding class action lawsuit against Bard. The settlement was for 2.5 million, but that is not for each individual but for all the women who filed under the class action. $400,000 was for all the women who had Avaulta, not $400,000 per woman. $1.5 million was for all the other Bard products. The rest of the money was for case administration. It was not disclosed how many women this covered. Those in the MDL on the other hand have individual cases although most have been transferred to one jurisdiction in West Virginia. It is really a much more complex and cumbersome process in the US. However, the US allows for much higher jury awards than in any other country.

  39. MAMOHIO says:

    How can the women who have already went to court and received millions but we don’t get that option? We are stuck in MDL cases in WV and they are wanting us to accept measley settlements def not in the millions like the individuals already had their day in court. How come we aren’t getting court dates or offered milions like some of these other woman who have already won millions in court but we don’t get our day in court just a tier settlement which I’m sure it will be pathetic and our law firms are saying take it or we’re dropping you? What is our recourse?

  40. jan says:

    Well this is so confusing.
    Because when I talked to my attorneys office they advised me some time this year.. then when I phoned 2 wks later regarding new dr. For chronic infections. . I wad told not close to a settlement offer nit this year and maybe sometime next year .
    But they will nit consider any medical after this year.. I still have chronic infections that are serious and another surgery I am trying to get approved because it would be in st.louis.
    I wad advised that would not be considered. .
    So ,what is going on.
    I have no home trying hard to work 4hrs. Aday to help pay.. I had to sell all personal property in the ladt 9yrs to get me through..
    What is really happening.

  41. Susan says:

    My understanding is if a settlement offer is not acceptable, a future court date would be next.

    • Jane Akre says:

      Your law firm must agree to continue representing you. Some only want to clear their books of these cases. Some were never equipped to take the case to court. At that point, if they don’t drop you, they might decide to partner with a firm that has taken cases to court….. find out the intentions of your firm if you decline the settlement $$.

      • SP says:

        Jane, my attorneys have called me every week being rude because I still haven’t accepted the settlement. They called me today and told me I had 8 days left to let them know. Their reason is they are getting rid of all their inventory with Boston Scientific and mesh cases. I do not want to settle but I feel like my hands are tied. They told me I can find another another attorney and they would let the court know but who will take my case now after it’s been filed for 2 years? I am so stressed out and sick to my stomach over this not knowing what to do. Do I just accept or they said I can deny and the case would be dropped with out prejudice but what if I can not find another attorney to take my case!

        • Jane Akre says:

          Fine law firm…. stick with you to the end. NOT! can you send me some info on your injuries, type of mesh, number of surgeries… any pertinent info…. thanks janeakre@meshnewsdesk.com

          • Still Standing says:

            SP, im sorry. You are not being treated ethically. Your firm may have spelled out its terms for dissolution of your contract when you signed your agreement to let them represent them. Check it to see what you agreed to. They at least owe you a more concrete answer about your next steps if you decline the settlement. It is, however, important to realize that they must set deadlines. They are delivering their entire block of plaintiffs to one company. Their bargaining power is in delivering a certain percentange of the women to settle, which reduces the uncertainty of trial outcomes from the defendant’s point of view. It is hard to make rational decisions while you are in such an emotionally distressing situation. So, try to take an “observer” position and notice what is there. How much difference is there between what you expected and what you are offered? How much more emotional uncertainty are you willing to go through? Do you have a high need to cash out to pay bills? Is waiting much longer for resolution going to have a negative impact on you physically and emotionally? Remember, too, that when you hire a new attorney,those who are representing you now will be able to recoup what they have spent on your case if another attorney brings you a better offer. In the end, unless you go to trial, a new attorney wont be able to move the settlement amount up significantly. It appears that different companies have their set tiers for injuries and while the amounts between companies are very different, amounts the different firms can squeeze from a certain manufacturer are not. Ask your current attorney to tell you your chances for hiring another attorney and going to trial. There are so many things involved with that decision and, it is a big financial gamble for a lawfirm since they are fronting the litigation costs up front. Very few law firms can aford to carry high numbers of clients to trial. That is just the reality of the situation. So, step back and ask what you need. Is it a voice? Is it revenge? Is it for financial reimbursement for now needs? Only you and your family can make that decision. But, your attorney does ,without a doubt, owe you the courtesy of hearing your questions and giving you answers.

          • Jane Akre says:

            Thanks Still Standing. Your words are very wise. I still find it amazing that companies will continue to insult those they’ve already hurt. Why can’t they do the right thing and try and make it better, admit their product did not go through safety checks and vow not to do it again. I think many women would feel much better and probably settle if they made some effort to right a wrong instead of insulting what little humanity the injured still have. It’s very sad.

          • SP says:

            Jane I am sending it now

  42. Hi Jane
    I have been reading your site for 3 or 4 years .wrote only once. But I did have a good law firm and have settled wAMS for about $150.00..and ran with it. I felt it was better than dragging it on and on and then get 0. What gets me is all the negative gripping and crying that goes on your
    website. I know…I suffered, too, but is nobody not satisfied?? I kept myself informed thruout the process and also you were very helpful. Thank you.

    • Still Standing says:

      It’s over. I have a question for you. Did you net $150,000 or did attorneys take their cut from the $150,000 and what injury tier were you in? That may be more than you want to reveal and that is ok. I settled with two separate defendants and just interested in how the ranges shake out.

  43. Frustrated In Mo says:

    I signed settlement papers with cr. bard in Aug. 2016. since that time i’ve been told several different timeframes in which i should receive my settlement yet I’ve received nothing. it seems no-one can even tell me how to expect my money..i don’t know if it’s coming via my attorney or some random check mailed from the settlement company. no one has any answers and to me this is getting more and more bazaar and frustrating. it’s bad enough i’m not being paid adequately for my suffering and future medical bills to come, but now they can’t even get me what they owe me?

    • Jane Akre says:

      Agreed, that is very annoying and I always wonder who is collecting any interest on this money as it sits in transition? Did you agree to an “amount” or just to “settle” in general? I’m curious. Certainly hope your law firm gave you an amount and didn’t just say “sign here.” What do they say about the holdup? If they are not negotiating, which firm have they partnered with to talk to Bard?

    • frustrated in mo says:

      Jane, I agreed to a settlement amount. To date I still haven’t heard anything about how or when to expect payment. The last time I spoke with my attorney he was so condescending and contrite that I refuse to contact them again..so ..I continue to wait.

  44. Nameless says:

    Everyone seems very confused. Suggestions are made to contact attorneys in an effort to get answers but they all have front desk people reading scrips. Phoning them is usually a dead end. The confusion goes on. You are right to ask “where is the interest going?”. Obviously no answers. Why not?. Becsuse that’s one of the biggest fraud based questions. Pages of confusion. No answers where huge sums of money are involved. Where is the US Attorney General in all this mess? It is a multi district intra and inter state litigation. Do you have the name and address of the US Attorney General? Please if possible provide for us. He or she are probably being replaced as we speak. Instead of directing everyone back to individual law firms that we know are not responding -let’s try to focus everyone on one source. Either the bar association/s – but, that’s state by state or The US Attorney General. Enough chasing our own tails. Tine for us all to come together and address this through one legal entity. The lawyers have proven themselves unreliable so why keep going back to them. They are invested in holding us in place while they slowly accrue monies (40%) of monies most plaintiffs can’t even get a straight answer re their sum owed to them. It is way past time to stop trying to depend on a corrupt system. I haven’t been much of s leader in all this. For which, I am sorry. However, I am offering a suggestion. No disrespect to anyone intended. All this suffering, need for answers must be directed and focused. They want us disorganized. Confused. They play on our disabilities keeping us too self involved to accomplish much. So far, they seem to be doing a good job of not responding. Ladies and gentlemen, they do not care that you and I are suffering. This is to their advantage. We must wake up. Writing about our wounds is therapeutic but it will not pay the bills.
    Dear Jane, you have attempted, with great effort and time to assist many victims. If you could at this time provide us with either the Attorney Generals address/ or other pertinent source on s national level do that every citizen in the country injured by mesh could have the opportunity to immediately sit down and write him/her letter asap. Instead of blogging. Write that letter and have relatives, friends write as well. We are a proud resourceful group of people that can accomplish something – but, we must come together. Many cannot get out of their house and feel defeated. But, s letter can get out.

  45. Jenny says:

    I am using talk to text so bear with me if this is not accurate.

    I just was contacted by a law firm and I have read that settlements of been as low and average has less than $2000 for something that is disabling. How do you know which law firm to go to?

    • Jane Akre says:

      You dont. Really you can’t believe what most of them say. BUT you can believe what they do! So have they taken any cases to trial? Have they worked up cases for litigation? Or do they pass you onto another law firm. Questions to ask. At this time, I would not go with a firm that wants to co-partner or a legal referral service. There is too much confusion. Plaintiffs think they are talking to their own law firm only to find out years later that that firm doesn’t even have their case. That is truly dishonest and not in the client’s interest. write me if you wantto seek af irm I think there are a few left taking theese cases. janeakre@meshnewsdesk.com

  46. Beth and Bill says:

    Why does our MDL website say our case is settled when it is Not? We were offered a settlement in February 2016 but we refused it. All we both had to go deal with is worth more than our less than 60%.

    • Jane Akre says:

      ASK YOUR LAW FIRM…… That why they take 40%. I’m sorry if they don’t answer. Are you sure they still have your case and didn’t pass it on?

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