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Mullins v. J&J Pelvic Mesh Case of 37 Plaintiffs to be Rescheduled

mam rally signMesh News Desk, March 9, 2016 ~ While details are yet to be issued, Mesh News Desk has learned that the Mullins v. J&J trial scheduled for April 11, 2016 in federal court in Charleston, WV has been rescheduled.

The case is named for the lead plaintiff, Terreski Mullins.

Mullins, et al. v. Ethicon, Inc. et al. (Case No. 2:12-cv-02952) was the first “Wave” case that would have heard 37 plaintiffs in one trial before judge Joseph Goodwin, who is heading the multidistrict litigation.

Judge Joseph Goodwin

Judge Joseph Goodwin

They were consolidated into one trial because of their similarities with a goal of moving cases through the court more swiftly.

All of the women in Mullins had been implanted with Johnson & Johnson’s TVT (transvaginal tape) and all were from West Virginia. Even though they had been implanted by different doctors, their injuries from defendant, Ethicon/ J&J pelvic mesh offered enough similarities to hear them in one case.

mesh particles from Ethicon (J&J) mesh

mesh particles from Ethicon (J&J) mesh

A “wave” of plaintiffs clusters them because of similarities in an attempt to try a mass of cases in a crowded venue.

The multidistrict litigation in federal court in West Virginia now has  in excess of 87,000 cases, more than any other MDL ever assembled.

MAM (Mesh Awareness Movement) had planned a rally outside the Byrd federal courthouse during some or all of the trial.

Those plans are on standby.

rallying women

Plaintiffs Must Agree to Defense  Medical Exams 

What is forthcoming about the Mullins case is seen in PTO (Pretrial order) # 214. All plaintiffs must be subjected to medical exams by doctors for the defense.

PTO # 214- Ethicon Wave One cases and Defense Medical Exams or DME.   On February 18, 2016, Magistrate Judge Cheryl Eifert granted in part and denied in part a Plaintiffs’ Motion to define the scope of the DME (defense medical exams).

What was decided is that Defense must pay for travel and the hotel expenses of Plaintiffs. Making doctor appointments on the weekend to make it more convenient for a work schedule was denied.

kimberly kenton md for ethiconPlaintiffs cannot specify they are examined ONLY by a female doctor.  Plaintiffs’ motion that they would not have to travel out of town for the exam was denied.

The doctor must be qualified and that proof must be provided to the plaintiffs.   Invasive testing of the plaintiff is not required unless she agrees and receives informed consent. Otherwise she must submit to a pelvic exam, external ultrasound, lab work, x rays, and a urodynamic testing.

Plainiffs’ request the pelvic floor ultrasound be performed only by a highly specialized physician with highly specialized equipment and only after a discussion with plaintiffs’ counsel was denied.  As long as the technician is qualified and certified, the testing should be acceptable, wrote the judge.

Jones during Gross trial, Feb 2013, CVN

Jones during Gross trial, Feb 2013, CVN

Plaintiffs request that the examination be audio-recorded was denied.

Ethicon attorney, Christy Jones, had motioned (Mullins Doc #256 Defense)  that the deposition document request by Plaintiffs for defense medical expert, Kimberly Kenton, MD,  was too broad and burdensome.

Dr. Kenton was scheduled to be deposed February 18, 2016. #

 

 

LEARN MORE:

Developments in Selection and Trial of Bellwether Cases, January 2012, by Paul D. Rheingold
http://www.americanbar.org/content/dam/aba/administrative/litigation/materials/2012_
jointcle_materials1/8_2_b_Developments_in_Selection_and_Trial_of_
Bellwether_Cases.authcheckdam.pdf

The attorney says the name “bellwether” is so named for the lead sheep in a flock which wore the bell.  

 

Mesh News Desk, MAM rally planned
http://meshmedicaldevicenewsdesk.com/pelvic-mesh-injured-women-plan-april-rally-in-charleston-wv’

 

Mesh News Desk, June 2015, 37 Plaintiffs Face Trial in WV
http://meshmedicaldevicenewsdesk.com/jj-facing-26-pelvic-mesh-trials-in-november

 

 

 

62 Comments

  1. anon says:

    Tribute To Mesh Doctors

    Theme Song

    Money, get away

    Get a good job with more pay and you’re okay

    Money, it’s a gas

    Grab that cash with both hands and make a stash

    New car, caviar, four star daydream

    Think I’ll buy me a football team

    Money, get back

    I’m all right Jack keep your hands off of my stack

    Money, it’s a hit

    Don’t give me that do goody good bulls**it

    I’m in the high-fidelity first class traveling set

    And I think I need a Lear jet

    Money, it’s a crime

    Share it fairly but don’t take a slice of my pie

    Money, so they say

    Is the root of all evil today

    But if you ask for payrise it’s no surprise

    That they’re giving none away

    Away, away, way

    Away, away, away

  2. Toomuch says:

    I thought wave 1 cases were 200 of the oldest cases which is separate from the consolidates Mullins…case. Does the ruling on the wave 1 cases affect the consolidated case?

  3. Still Standing says:

    Well, we could see that coming. I am utterly stunned that the bulk of the plaintiff’s motions were denied. How demeaning to subject them to an “inspection” by defense doctors. I could write the report right now that they will issue on all 37 women: mesh is not responsible for any of their medical problems. So there, save the money, we certainly know what it will buy in these cases.

    I dont know about most of you, but I know how severely my pain is impacted by travel, whether by car, or by air. It is not just the transportation, but I have higher pain when Im traveling because of a different schedule, trouble sleeping in a different place, more time on my feet. i have to schedule a couple of down days after traveling to recover. Imagine the added stress of traveling to be inspected by most likely doctors who are not sympathetic or empathetic to their suffering. Makes me shudder to think of it. Will these women be able to bring a support person with them who can lift luggage and assist with other travel needs? Will they be reimbursed by the defense for time off work, home? Will they receive money for the pain flare they will most likely endure? No, I didnt think so.

    And who determined that urodynamic testing is not invasive.? I think that it is one of the most emotionally invasive tests I have had to endure …twice. It is easier when done by a staff who knows you, it would feel like a very personal sexual violation under these circumstances. To be seen by people who do not have abundant knowledge of pelvic mesh pain is absolutely ……I cant even find a word to describe that., at least I cant find a non curse word, several do come to mind. I will be glad to be a physical support for any one of these women who are inspected ( this in no way will be an exam) in the midwest if they are not allowed to bring their own support. Hopefully, we could put together a human shield across the country.

    This may be the most despicable thing that has happened so far in mesh cases.

    • Linda says:

      I agree. When I get my chance, I am going to bring a garbage full of ruined underwear to court with me and also ask them how they would like to get pain management shots down by their balls and crotch. I am so fed up with this. I cannot have intercourse because my pelvic bones have been pulled in because it was put in too tight because the doctor only got 20 minutes of training. I cannot wait to be deposed. I am still on oxybutin and I was with the damn thng in me. I just don’t have the pain now.

    • cece says:

      I totally agree with you. I had 3 tvt mesh repair surgeries. How could I be inspected for J&J first mesh Implant that caused all of the trouble. Now that I’ve had 3 revision surgeries they cant go back and inspect what damages were caused by them.It was so embarassing to have to go through all the testing and being degraded. I don’t think anyone can understand unless they walk in your shoes.. It’s more like women are like cattle to be poked and prodded and then put on display. This is a very personal problem that we face its not something we feel comfortable announcing to the world or incontience problems. Especially still being young early 50’s and having to were depends or poise.

    • Mary Pat says:

      Well said StillStanding. I agree 100%. I wish every mesh victim could literally be a human shield and block the doorway to the examiners office. I agree. The urodynanic testing was horribly humiliating and painful. Having it done under these circumstances would be equivilent to a sexual assault. The plaintiff lawyers and the court cannot allow this.

      • Still Standing says:

        Maybe a graphic video of the urodynamic testing should be sent to the court. i cant imagine that the judge has any idea of how horrifying it actually is. although the order says that women can refuse the testing using catheters, it also said that their refusal to do so will be allowed to be noted in court by the defense. So,basically, the order says you can refuse, but at great jeopardy to your case. Gee, that makes it even more coersive. What a catch 22 for the plaintiffs. Im not sure I would have the strength to do that under these circumstances. Terrible situation to be put in. Will the plaintiff be able to have a clothed sit down before the exam? I would most definitely demand that. We do have a say in who touches our body and I would at least have to have some kind of relationship ( even 10 minutes clothed) prior to the physical exam. I ask for that with any new doctor. Im not sure people understand what a vulnerable position being prodded vaginally by someone we dont trust and who is properly clothed can be. I close my eyes and try to go there, but I cant. I’m praying that this can somehow be reversed.

    • Bejah Blue says:

      SS, For you to render this opinion, a person whom I have the greatest admiration for confirms my worst fears, and renders me rather catatonic. If we ever entertained any doubt that we are dealing with evil, and a powerful elite that does seem to own the government of this nation. One can see why people are standing for Presidential candidate Mr. Trump who it would seem thus far the powerful elite can not control. We can do little to cleanse this nation before it comes apart at the seems and perhaps the most meaningful is to vote. We also obviously also need election reform. Even with our right to vote the power elite will probably find a way to nominate one of their own, like Romney. I say these things because it is a better option than raging in my room or wailing on this site. I will let the sorrow and rage over this wash over me, through me, but I will not hold tight to it. I will return renewed and begin to think about how to address this? As a body of victims can we not file an action against those responsible for this decision/denial?

      I have a personal question that I wish to ask you all about. I have just been told by my pain mgt. doctor who is in a practice with Neurologists and Orthopedists that they have received all of my medical records which have included several recommendations that I have spinal fusion. I have 3 bad discs at the lumbar level and a spinal curvature at that location as well and my pain level has been increasing lately, the muscle spasms are getting worse (This occurs because of the imbalance in the spine (One of my legs is a bit shorter than the other because of this), I have triple major scoliosis, a couple of years ago I was diagnosed with spondolisthesis, I also now have Bursitis in one hip which is very painful and if I walk more than a half mile I began to limp and the pain worsens. Because of my experience with the polypropelene mesh implant I am TERRIFIED to even have a surgery again and when it was mentioned the other day I was suddenly thrust into an anxiety attack. I do not know what to do. I would go to Sigurd Bevard at UC San Francisco who is said by the medical community to be the best in the country. Please, if any of you have experience with this, I would value your stories, recommendations, etc. Thanks.

      Take care all,

      Bejah

      • Still Standing says:

        Bejah, Im scared of surgery as well. i have a cataract that I Refuse to remove until I am close to blind. Not the surgery itself,but the words corneal transplant. However, it appears that your spinal problems are big generators of pain. Spinal Fusions can help stabilize your spine. I Had a fusion thirty years ago because of a bad fall. I lived with the pain for ten years, then got it done. One of the best decisions I Made. i had an immediate pain cessation and have never had any other back problems. No one can tell you what to do, but you need to ask yourself if you are willing to have this pain for the rest of your life. How horrible to have it in conjunction with your pelvic pain. However, the spinal fusion could help your pelvic pain as well by taking some pressure off those muscles. I know that is terribly scary. You no doubt will make the decision that gives you the best quality of life possible. Hopefully, you will not go through this alone.

    • Barb says:

      Still I so much agree with you!! We have been examined by so many people why should we allow a Doctor who is picked by the Defendents??? A doctor that we can all bet supports J$J, I’m curious for whatever medical records these woman have after being examined by their doctors will be dismissed and based only on what JJ doctors find!!! I don’t know about you but every time I have an internal it hurts much more during and after! I believe that when a urodynamics test is given there are numbers that tells how SUI you are. I have never seen this but out of the 4 test I have had every doctor stated SEVER SUI!! So it seems like no matter how many specialist, test ect. these woman have had with all similar injuries they will try to prove don’t exist?? Why is the judge again allowing J&J to run the show in the court room! Don’t these woman have rights to just say NO?? Another way of diminishing woman!!

  4. karen says:

    http://www.healthcommunities.com/gynecological-tests/pelvic-transvaginal-ultrasound.shtml

    What i was reading here never gave details on the nerve systems. So im not pregnant i dont see how this external ultrasound would determind a clear evaluation on women in pain unless there looking for inflammation . Again that article never stated that either.

    The pelvic exam

    What Tests Are Taken During the Pelvic Exam?

    A sample of cells may be taken as part of regular test called a Pap smear, or Pap test, to screen for cervical cancer or cells that look like they might lead to cancer. The sample is placed in a solution and sent to a lab where it is examined. Tests also may be taken to screen for sexually transmitted diseases.

    How Often Should I Get a Pelvic Exam?

    A Pap smear is recommended starting when women reach 21 years of age. Women ages 21-65 should have routine screening with Pap test every three years.

    Combining a Pap test with a human papillomavirus (HPV) test can safely extend the interval between cervical cancer screenings from three years to five years in many women between the ages of 30-65, according to the U.S. Preventive Services Task Force (USPSTF).

    Pelvic Examination

    Also according to USPSTF guidelines, HPV testing is not recommended for women in their 20s, because people in that age group can have HPV infections that resolve without treatment.

    ADVERTISEMENT

    Women over age 65 can stop getting screened if they’ve had at least three consecutive negative Pap tests or at least two negative HPV tests within the previous 10 years, according to the guidelines. But women who have a history of a more advanced precancer diagnosis should continue to be screened for at least 20 years.

    PLEASE DONT FORGET TO LET THESE WOMEN KNOW TO TELL JOHNSON AND JOHNSON TO LOOK FOR POWDER CAUSE CANCER ALONE WITH THE POLYPROPHYLENE PLASTIC FROM A PIECE OF TAPE THAT CUT THROUGH OUR FLESH BUT THEY WANT INVESTORS TO BELIEVE IT OK TOO USE LIKE WRAPPING PAPER TAPE .

    Hey judge how long with the circus acts . This is a stupid .

    Why are judges and lawyer putting up with this . These cases are cut and dry . If this wasnt a problem then it want be a problem . I know we all are in need of psychological evaluations . But we are getting fooled . Everyone knows it .

    I dont get it just a bunch of low down dirty organize criminals that profits off humans and everyone thinks they deserve a trail .

    The America women or women around the world don’t even have a stand your ground law here . If going to college to become a Butcher and slaughter women for profit . LOOK LIKE WE ARE STILL PRACTICING CANNIBALISM .

    LETS JUST BRING BACK JACK THE RIPPER

    LET TRY MANSON , BETTER YET TED BUNDDY

    If the law was written correctly then women should have already be paid for damages and johnson and johnson should be shut down alone with all the corrupted corporations and we can go on with life !

    THEIRS NO JUSTICE IN THIS COUNTRY !!!!! JUST NASTY DICTATORS !!!!!

    JOHNSON AND JOHNSON YOU WILL LOSE FOREVER !!!’n

    ALEX GERSKY YOU NEED TO STEP DOWN !!!!!

    FDA REMOVE ALL VAGINAL MESH AND HERNIA MESH NOW !!!!!

    GOD WILL WIN AND GOD SAID SO!!!!!!!

    • Linda says:

      If they try that with me all they are going to find is my pelvic bones. I have nothing left in “girl world” just the bladder and an appendix and kidneys. I would like to see them try a pap smear on nothing. I am so small, I would probably yell in pain ad start bleeding.

      • Still Standing says:

        Same here on small vagina with vaginal stenosis. When my doctor needs to see the vaginal apex because my vaginal tissue has continual ulcerations and the skin decomposes and slides out, then the raw skin sticks together, has to put me under anesthesia. He said it would be too painful to do with me conscious. Has your doctor ever suggested dilators to help gently stretch? I used regularly with good results until my last surgery in The fall.m haven’t been cleared for that yet., but they helped me after other surgeries. They come with four sizes and you can start very small. An upside is that they do help muscles relax which relates to less pain.

        • Bejah Blue says:

          Dear SS, You are more courageous than I, because for one thing I am terrified to use anything, have anything implanted ever again…if a dilator works for you I am very happy but dear SS, will it work in five years or then, and then what, will we learn that they have caused some long term damage that was unforeseen?

          A Cautionary Tale

          Of course I have an anxiety disorder that before 2007 was just a “cute little thing” but after Sept. 2007 I was infected with MRSA at a very bad hospital. I had sort of collapsed at home then got to my feet and called my 24 RN hotline and she told me to call an ambulance which seemed silly to me but I did what I was told, good girl that mom taught me to be. I would not let them put in an IV. I was sure I was going to go right back home. The EMT said my blood oxygen was 70! How could that be I wondered. I asked to be taken to “my” hospital, EIsenhower Medical Center in Rancho Mirage but they refused and took me the other direction to Indio which is a more working folks and farming neighborhood for the most part and although there are some good cafes there and the Polo Club is there the hospital has a very bad rating. They put an IV in me in that ER…it was a Chinese temp nurse and she did not seem very clean, for example her whites seemed very dingy and not starched at all. They kept me overnight and sent me home the next afternoon fairly certain I did not have a TIA and would not have a stroke. A week passed. One morrning about 4am I woke with a lot of pain and tightness and heat at my left elbow. Again I called the 24 HR RN. She told me to go back to the hospital immediately. I blew in the ER Ambulance entrance yelling at the doctor saying “look what you have done to me!”. I was admitted immediately. When they had confirmed the diagnosis they moved me to isolation. No one came to visit me, not even my mother. I was alone, terrified. I demanded to be transferred to my own hospital. They ignored me and I was never transferred. Is this legal? Administrators came in. I told them I would not speak to them without my insurance company and attorney present. They stopped coming in and waking me even when I was sleeping.

          Did I mention that the corners of the shower at the floor were black with filth (or bacteria?). I asked for cleaning supplies and they refused to give me anything so I used my soap to clean the room. There were crickets running across the floors in the hallways.

          The MRSA was in my blood and had been for 6 days. The IV was dirty just like the Chinese nurse. I always Chinese people were exceptionally clean.

          I remember that every 6 hours they injected blood thinners into my abdomen. They also put me on an IV drip of Zyvoxx. The cleaning people would not even come into my room. The kitchen delivered my meals with one arm in the room. That hospital seemed to use only temp nurses because every day I had a different nurse, very disconcerting especially under those circumstances. I finally used the towels I had used for bathing and used them to clean my room. I asked for clean linens and changed my own bed. I slept a lot. I had no interest in TV. I called my mother every day and ran up a big phone bill. She never called me, such was her fear. I think even my mother was afraid to come to see me. Every hospital staff person who came in wore special gowns, gloves, mask. Finally a surgeon yelled at hospital staff and wanted to know why they had not taken me into surgery because cellulitis had developed in the arm where the injection had been. It was still swollen, hot, etc. He did the surgery to remove the vein in my left arm. They left my arm laying there sliced open and sent me back to my room like that and they would come in and wash it with something a few times a day. Once I accidentally looked at it. I fell apart, I started weeping uncontrolably and then they decided to give me a sedative. There were people in that hospital then who were dying from this and doctors who seemed to not know much about it…I followed them around and listened to their conversations later.

          One “Nurse Ratchet” told me I would be discharged to a special care facility. I snapped back at her that I would not, that I was going home to my own house. After 19 says I was discharged and I went out and there was my car, still in the parking lot after what seemed like years, everything in the world seemed strange and I wondered if I could remember how to drive. I stopped at the pharmacy to get the balance of my Zyvoxx and went home. I got some Ensure also and I am very glad I did. I had a regular meal and an Ensure at every meal for at least two weeks. I gradually got better but I was never the same again.

          Bejah

          • Still Standing says:

            Where the heck have you been?? Was worried about you. I just wanted to clarify..dilators are not implanted. They are just basically four hard plastic penis shaped gizmos that you insert, starting with the very very small one, that help keep the vagina from constricting. They can be very useful for hypertonic pelvic muscles and the pain that those cause. No, i will never ever have another thing in there unless I have complete control of when and how long. I keep telling my doctor that I have spent a lot of money on a non working body part.

          • kitty says:

            MY G-d Bejah. Truth is stranger than

            Fiction.

  5. Linda says:

    What happened to NO MORE DELAYS? They have had months to get all of these medical reviews and they wait until the last minute. The only ones inconvenienced, like always is the women in pain. No one seems to care that these women are barely hanging on to jobs if they are able to work. Yet these medical tests can’t be done around their work schedules. I am just sick over the power the corporations have. Jane thanks for advocating this crazy mess. I hope the women that were going to rally do not lose their airfare.

  6. karen says:

    A COINCIDENT 37 WOMEN DUE FOR TRIAL IN APRIL 2016 ,AUGS MEETING IN 2 WEEKS MARCH 2016 ABOUT VAGINAL MESH TAPE.

    ALL THE 37 WOMEN WIN THEIR CASES . SORRY AUGS REMOVE THE TAPE OF POLYPHOPYLENE PLASTIC FROM THE MARKET .

    THE RALLY SHOULD GO TO THE AUGS MEETING SO THEY CAN PAY ATTENTION !!!!

    EVERYTHING HERE WITH AUGS IS IN ORDER .

    MOVE THE CASES TO APRIL BECAUSE THATS A OPEN MONTH ,BECAUSE THE INVESTORS MEETING ARE MORE IMPORTANT. WOULDN’T WANT THE CORPORATIONS TO SHUT DOWN .

    JUST HOLD ON A MINUTE I THOUGHT WE WERE ADULTS !!!!! WOMEN HATE VAGINAL MESH !!!!

    AUGS YOU ARE NOT POPULAR WITH THE WOMEN !!!!

    WHY ARE MEN STILL DICTATING WOMEN LIVES ?????

    CAN WE GET A VOTE FOR THE PEOPLE IN CHARGE AT AUGS —-300 THOUSAND WOMEN ( NO )

    THIS IS LIKE HIGH SCHOOL !!!!!

    YOU TALKING ABOUT A GROUP OF WELL PUT TOGETHER PONZI SCHEME ORGANIZATIONS AND CORPORATIONS !!!

    THIS IS NOT A WAR ON DRUG !!!! THIS IS A WAR ON AND AGAINST WOMEN !!!!!! PEOPLE FOR THAT MATTER !!!

    QUESTION. EVERTHING !!!!

    I KNEW IT WAS SOME RATS BUT THIS IS BUNCH OF GIANT RATS !!!!!

    THIS STINKS !!!!!

    • janet says:

      Trials for April have been pushed back again with no dates of course

      ThE judges need to keep these trial dates attorneys on both sides have had plenty of time to get there cases together. .it’s just another play to keep prolonging these cases to never draw a end to all.

      These manufacturers spend billions of dollars to fight instead of doing what’s right..if these companies would take 5mil each plantiffs they could move on I believe these women should be happy.they could invest some of there mone in oder to pay medical for life..but I guess the CEO of these companies really like throwing money out

  7. Debi says:

    I have to say, I am shocked to hear that the trial has been moved. Does anyone know how many times it came be re scheduled? ??? This is crazy, why in the world would Judge Goodwin allow it to be moved again????? I feel like we are in a bad Steven King movie and someone needs to wake us up…… unbelievable, just unbelievable. So much for a faster way to bring all the thousands of cases to trial, and who cares about to venue being crowed, we don’t, believe me we are not going away.

    • Bejah Blue says:

      Is anyone able to (please) do a bullet list reminding me/us throughout all of this to date how we know Judge Goodwin is a man of the people, a seeker after truth, an expert in Constitutional law?

      BTW I seem to have forgotten where he went to law school and in what states he has been licensed to practice law. Could we construct a brief reminder at this juncture? It might be interesting to know what other academic credentials he holds and what his interests were early in his career.

      Bejah

  8. kitty says:

    I like the song..what is the melody?

  9. Andrea says:

    When our attorney’s took our cases, it was after they had gotten our records from our doctor’s before they would even accept to represent us. I guess I’m old school, but I think it is terrible to put these women through a pelvic exam. Who is to say these people aren’t being paid off. How humiliating!!!

    • Bejah Blue says:

      Jane, I would like to tell the Cliffs Notes version of what happened to me at the hands of Dr. Christian Twist at University of Arizona Medical Center. Any objections?

      Bejah

      • Jane Akre says:

        Please do… I rely on your accuracy.

        • Bejah Blue says:

          Reading this story made me remember something that happened to me early in my search for a surgeon to remove the mesh from my pelvis. It may be of some interest. I have not spoken of it much because it was so devestating, probably because I was already suffering from and diagnosed with major Depression and Anxiety. Since the implant I have also been diagnosed with ADD, PTSD and Paranoia.

          I had already been to San Francisco to have a consult with Michael Margolis. He was prepared to try to surgically remove the mesh. I was afraid. I wanted more opinions. I went to Arizona to have a consult and surgery in one visit (Because I live in Palm Springs, CA, a few hundred miles away). I made all the arrangements and took the train. When I arrived I was supposed to go to the hospital and have an ultrasound in the afternoon. I had arranged to have lunch with a friend of Jane’s. The following morning I was to see Dr. for the exam/consult and then at the end of the week on Friday I was to have the surgery. I was very nervous and afraid. I went to my B&B to check in and there was a message from the staff. They wanted me to go to the hospital earlier and so my luncheon plans were ruined. The visit with a fellow sufferer and her wonderful husband would have been such a comfort. I went to the hospital and I was forced to be evaluated and to have a very invasive examination by a woman, probably a Urologist. This had never been mentioned to me before, nor did anyone ask my permission or give me any notice. It was very disrespectful and the woman was cold, absolutely insensitive and that encounter left me terrified and unhinged. The next morning I arrived at the office of Dr. which was not at the hospital and I had to find my way there via city bus and with the help of kind strangers and bus drivers. Shaking like a leaf, one of my sandals broke leaving me sort of barefoot. At the medical building they gave me one of those hospital socks for the foot with no shoe. Was that a sign, I wondered? I waited for Dr. who I had never met. He came in, probably introduced himself in some way, and then this is what he said to me:

          I paraphrase a little because I can not now remember his exact words…

          “What do you think you’re doing coming here and working with some (low life) lawyer to try to defraud Johnson and Johnson”. He had not even examined me yet. After the exam, during which I was so traumatized I could not move or speak, he told me to see a pelvic floor therapist in Palm Springs for several weeks first. I got up an left with my one sandal and dragging my brain behind me on the floor. I asked at the desk when my surgery was scheduled and was told no surgery had ever been scheduled for me. I went back to my B&B without getting lost only because a nice man actually went with me, changing buses and walking and delivered me to the door of the house. Then he vanished declinging to come in for a glass of wine, or in my case a bottle. Was he an angel I wondered? I had been to the grocery store so I cooked a wonderful dinner for everyone in the house. I had called Amtrack and was able to get the last seat on the train to LA that evening! So we all had a really nice evening and then someone staying there drove me to the train station and put me on the train. As dusk fell I also fell into a very deep depression. I had disconnections from reality, I had at times lost the sense of who I was, I was so afraid, so lost, so betrayed I guess my consciousness was trying to hide from this terrible reality. They were working on the track deep in the night and there were terrible bumps. I fell into a trash can once (pretty funny, eh). Since I had to go empty my bladder every half hour I could not just stay in my seat (Maybe I should have stayed in the bathroom!). Needless to say I wish I had never gone to that doctor who I have nicknamed “Dr.”. I did file a complaint with the hospital. I never received my file although I asked for it. It took me a long time to recover from that, to the extent that I did. I had vetted this doctor, I thought. I guess I missed something. I hope no one else suffers such an experience knowing that some have, perhaps many. I know too that many of you have been far more damaged physically than I. I know also that I am innocent and I take refuge in that.

          Bejah

  10. Toni says:

    Probable they saw momentum for a well organized demonstration and so they pushed to reschedule . They are cowards can’t face the people they have harmed. How is the judge allowing this constant game. JNJ stand up and right your wrong . We are suffering daily due to your greed. If we get enough momentum and boycott their products even for a month nation wide I bet they would get the message.

  11. Debi says:

    Hum, flip the coin…… are they really looking for medical exams to tell them something they all ready know, or is JNJ trying to stall again.

    It breaks my heart that JNJ are going to make all the women too go through another exam, and the icing on the cake is with JNJ doctors, what slap in the face. I hope when this is over all the ladies win much more then their dreamed.

    • Bejah Blue says:

      They will do whatever they can not only to stall, but to demoralize, dehumanize, shame, harm, frighten (on and on) the women and men whose lives they have damaged so severely. They want to hurt you emotionally, harass you, cause your stress levels to increase (very damaging, does this not release cortisol?), push you to give up, give in, go away back into your little lives and/or die. They will do whatever they can to destroy plaintiffs in a case that has caused them a certain amount of embarrassment and undesirable attention. They are no different than pay day loan sharks only the stakes are higher. This is what we are dealing with.

      Do not expect them to behave humanely, or with a shred of decency because they will not. They are not like you, not like us so really we should not be shocked at these shocking things they do.

      We need to get under their skin. I think by this time we know what we need to do. We are NOT doing it: We are not organized. We are not committed enough. I do not mean to be unkind, just honest.

      JnJ thinks we are just waiting around for a check. They do not ever want to settle because it reflects poorly on them in the world of their peers and in the eyes of their investors.

      BTW is shareholder information public and if so can we get a list of shareholders and write a little love note to them?

      There are economists who have been talking about an economic collapse in the next few years. I wonder if JnJ is worried about that.

      Bejah

  12. Mary Pat says:

    I believe plaintiff attorneys and the court system must recognize that mesh injured women can be made to feel as though they have been “gang raped” by the medical community. I, myself, have endured brutal “mesh cuttings”, multiple invasive procedures and tests that were often performed by insensitive, cruel practitioners who had no education, no sympathy or no understanding of mesh injuries. Years of this type of abuse equates to the same psychological and emotional trauma women experience from rape. Forcing victims to submit to pelvic exams and various medical tests performed by practitioners that are strangers, and most likely, are working for the defense only adds to the victimization that these women have already endured. Mesh injured women are dealing with far more than physical injuries. The emotional and psychological trauma is much harder to deal with than even the physical pain. These women have suffered injury and betrayal from their trusted physicians. They have been human guinea pigs as a result of the FDA. They are victims of human experimentation and torture by the pharmaceutical companies. They have been mutilated. They have lost their sexuality. They have lost the ability to be intimate with their partners. Many have lost husbands, homes, jobs. Many are disabled. They have no hope of a cure. They are forced to focus on “pain management” as a means of survival. Their quality of life has been stolen from them. I would hope that plaintiff’s counsel and the court will recognize the victimization that these women have endured. If these exams are necessary, I believe the patient should have a trusted family member or friend with them, present at the exam and all during all of the tests. In addition, they should have the accompaniment of a special psychologist who is trained to assist victims with rape and trauma/PTSD. When a woman is actually raped, there are special counselors who can work with her and accompany her to exams, hearings, etc. I would hope, in this situation, it would be mandatory to have the psychologist accompany the patient. The psychologist should not be selected by the defense. The psychologist should be selected by the plaintiff attorneys or the court. We want a psychologist who actually cares about the patient. If you agree with this post, please comment. Hopefully, the women who will be victimized by this requirement will see this post and take action to protect themselves from further victimization.

    • Jane Akre says:

      Your words are powerful Mary Pat. I hope someone in a position of power is reading them.

      • Still Standing says:

        I was on same wave link with my post above. Mesh injuries ARE a cause of PTSD. Im thankful that my psychologist was aware of that connection and considered that in her therapy. It appears the plaintiff attorneys are aware of the traummatic experience this will be,the judge doesnt. How very very sad. A trauma psychologist is a good idea, however Im not sure how it would work logistically and I doubt the defense will pay for that. Even if they did, they would probably bring up the patient’s “mental state” in trial and the fact that they needed a psychologist to be at their “inspection” ( as I said before, this is no exam, it is an inspection) When I had my deposition two years ago, a seven hour ordeal that ended up being more than 11 hours with breaks and lunch, they had records of a bout with post partum depression 35 years before and they certainly believed that my fragile emotional state cause my mesh pain. Believe me, they will capitalize on every single tiny tiny event in your life.

        That said, I think if a paintff does have a counselor, she should certainly ask the defense to pay for her/him to accompany or to pay for a session when they get back home. It would be hard for a psychologist who has no relationship with the plaintiff to do this…there could be some liability involved on the psychologists end. I would be a little uncomfortable doing this under my license. As a volunteer yes, as a paid counselor ,probably not.

    • Bejah Blue says:

      Mary, This is an excellent idea, I hope the right people get behind it. Thx for your post.

      Bejah

    • disgusted says:

      I cried while reading your words. This should be part of the process – that we get evaluated for how much more damage they are asking us to endure. PTSD is hard to deal with. Once again the system doesn’t take into account the emotional wellness of the victim. I feel they are treating the defense as victims. They are the ones who have the right to a speedy trial. This is the last thing they want. Delay, get us to quit. AUGS says the trials are hurting legitimate business. Because this is civil and not criminal the court isn’ t really holding anyone accountable, except financially in some cases. I still think that this should be in criminal and civil court. The argument goes that criminalizing these cases will keep the pharmaceuticals from being creative because of fear of prosecution. Because there is no fear of prosecution when lives are lost or damaged the ‘go’ light is steadily on, while the world goes on in believing in ambulance chasers. If it’s not profitable they won’t do it. People not money should be the number one priority. But they’re feeling victimized because we’re threatening their livelihood. I’m so totally sick of it all. I agree with Jane, I hope someone in power to do something will be brave enough to follow through.

      .

      b

  13. Linda says:

    I am so upset that the judge let this be delayed. What should have happened is say ok this can be delayed, but we are taking the next 37 or 50 forward, just keep putting the pressure on Ethicon. We have had to live with it for so long. It is time that they get the pressure back. Come on Judge Goodwin do the right thing and keep the pressure on this company that hurt so many women. They chose to settle 2900 out of 40,000 cases. Isn’t that nice of them. While the rest of us, who cannot take antibiotics but whose sling caused UTI’s all the time, sit and wait for the Judge to keep the pressure on you.

  14. janet says:

    These cases will never be over

    They keep pushing back and then appeals go on every case won

    I really believe these manufacturers need to offer everyone the same 5 ml..they spend billions in advertising and these cases they need to just stop and think instead of one case winning 17mil are even 8mil.plus the billions they have already spent they would come out better..

    Jane, I will be having surgery again in first weeks if April he had to get the band’s and graph the area.. so scared but what worries me is I need to work I still have a child to support. I can not take time off Boston scientific had taken everything from me.. dr.told me 12 weeks I can not do that..

    I can not get ood stamps I have bills. So pray for me

    I am going to have to go back to work asap ..

    • Bejah Blue says:

      Feel your pain Janet. Praying that you have the strength to go back to work. I do not. You clearly have the courage and the commitment to do what you must. Pray every day, every morning to give you the strength to get through the day and think of it as one day at a time rather than a long train of days. You will find some friends at work, some sympathy, distraction….in some ways it may help you so long as your body holds up. Hope you have some help with childcare so you are not worried about your little one during the day. Children are amazingly understanding about these things so long as we explain the what and why and so on. It is when we do not share with them, trying to protect them that we begin to see behavioral problems. I feel that they feel excluded and hurt when we may think we are protecting them. What we need to do is include them and explain. Admire your conviction and capacity to make a tough call. May the angels watch over you.

      Bejah

    • Still Standing says:

      Janet, Im so sorry you do not have the basic support you need to go through this surgery, financial and emotional. Have you discussed with your physician that you can not take 12 weeks? Really,to have another surgery and not have time to heal could put you in more pain that you have now. The surgery will flare up your pelvic muscles big time and you need lots of rest to calm them down. Do you have any way possible to get more time to heal? What kind of work do you do? If you are on your feet all day, this could be tough. Perhaps your doctor could write a note for your employer to accomodate periodic rest times in your day. Even with that, it will not be ideal. But, you can put in place things that will help,somewhat. Also, I see where you said you do mot qualifynfor food stamps. There are food pantries in most communities, or closecby, where you can get food. Find out where yours is and use it. That is what they are for and you need additional,nutritional support to heal. Where do you stand as far as financial need? I Will be glad to help you out diring this rough patch. Hang in there. The is always promise in each new day. We just see it through distorted lenss when we have so much pain.

      • Janet says:

        I do stand on my feet unfortunately and I lowered my hours because of the constant pain my feet have been swelling also.

        Lately I have been asking God what I have done for him to not care and hear me . I guess he is making me stronger to be able to fight for thus wrong that had been brought on us.. I did go to SSI waiting to hear could take 9wks but that’s ok..thank you so very much for caring..it’s comforting to know you ladies understand ..I have no family other than my daughter

        She had suffered enough watching me go through this ..she is still in scool and I need to be MOM for most for her promise someway I will be ok..just very scared if something happens it’s her on her own

        • Still Standing says:

          Janet. There are more ways to be healed than physically. I truly dont think you deserved punishment from God. I going to stand in the belief that He Is working for good in your life right now. That Is hard to see when we are in the middle of so much pain. Put your present real needs out here so we can help meet those needs. How old is your daughter? Children are amazingly resilient. We mothers want to shield them. For her, this may be a great lesson in compassion…helping you through this. You are showing her by example how to go through very tough times. That can can be a powerful life lesson. A hard one,of course, but it will give her great strength as she goes through life.

        • Barb says:

          Janet my heart goes out to you!! Can you get any state help financially for short term?? o you have short term disability??

  15. Toomuch says:

    I think there is some confusion about which cases this order for exams was meant to address. From what I can see PTO 182 & PTO 184 established the Consolidated action of 37 women implanted with the Tvt. PTO 214 that is referenced in the article applies to all Wave 1 cases. Wave 1 cases are 200 of the oldest cases which are to be sent back out to the states when all the pretrial stuff is completed, this Wave 1 was established by PTO 192. One is a Consolidated action with 37 Tvt and the other is titled Wave 1. This order doesn’t specifically state it applies to the Consolidated action, only Wave 1 cases, and I can’t find anything saying the TVT Consolidated case has been delayed.

    • meshie says:

      I agree with you. The only thing I found was an emergency motion filed on behalf of the plaintiffs regarding the exams. I don’t think they have been moved or stopped.

      IN THE UNITED STATES DISTRICT COURT

      FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA

      CHARLESTON DIVISION

      IN RE: ETHICON, INC.

      PELVIC REPAIR SYSTEMS

      PRODUCT LIABILITY LITIGATION MDL No. 2327

      ————————

      ———————-

      —————-

      THIS DOCUMENT RELATES TO ALL

      WAVE 1 CASES

      PRETRIAL ORDER # 216

      (Plaintiffs’ Emergency Motion to Re

      consider the Scope of Wave 1 DMEs)

      Pending is Plaintiffs’ Emergency Motion to Reconsider the Scope of Wave 1

      Defense Medical Exams. (ECF No. 1912). The

      parties promptly briefed the issues, and a

      hearing was held on Friday, March 11, 2016.

      After hearing the arguments of counsel, the

      court

      DENIED

      Plaintiffs’ motion for the reasons stated

      during the hearing. Plaintiffs are

      not permitted to audio or video-record De

      fendants’ Rule 35 medical examinations.

      However, after some discussion, the parties ag

      reed that Plaintiffs,

      who do not otherwise

      qualify for a caretaker or companion, may choos

      e at their own expense, to have a family

      member or close personal friend (not a repr

      esentative, employee, contractor, agent, etc…

      of Plaintiffs’ counsel, however) accompany th

      em and be present duri

      ng the IME. This

      order is supplemented by the transcript of the

      hearing, if a transcript is filed with the

      Clerk.

      The court

      DIRECTS

      the Clerk to file a copy of

      this order in 2:12-md-02327

      and in

      the Ethicon Wave 1 cases. In cases subsequently

      filed in this district after 2:16-cv-02350,

      a copy of the most recent pretrial order will be

      provided by the Clerk to counsel appearing

      in each new action at the time of filing of

      the complaint. In cases subsequently removed

      or transferred to this court, a copy of the mo

      st recent pretrial order will be provided by

      the Clerk to counsel appearing in each new action upon removal or transfer. It shall be

      the responsibility of the parties to review

      and abide by all pretrial orders previously

      entered by the court. The orders may be ac

      cessed through the CM/ECF system or the

      court’s website at

      http://www.wvsd.uscourts.gov

      .

      ENTERED:

      March 11, 2016

      Trial date seems to be the same

  16. Lordhelpus says:

    I wish someone else would step in and do a thorough investigation on these guys, but I guess that would be wishful thinking…They’ve “terrorized” the lives of thousands of women for so many years and continue to add salt to their wounds, Literally, AND are still being allowed to get away with it!! Now on top of all the suffering that they’ve had to endure, women are being “FORCED” to go see these guys doctors?? As if they had no rights whatsoever?? WOW, one doesn’t have to be a rocket scientist to predict what THAT outcome is going to be…”I GUESS EVERY FORM OF REFUGE “DOES” HAVE ITS PRICE”….

  17. kitty says:

    ,I do believe that Donald Trump can fight some of these big companies because he isn’t taking money from the lobbyists for the companies

  18. Barb says:

    I wanted to let every one know I’m right here beside you fighting for your justice no matter who the company you have. I wante to let anyone on here that I finally sent my attorney an email on a Friday by the next Tuesday I recieved a phone call I will type what I sent him but hopefully can shorten it so here it went:

    Dear Sir:

    I’m sending you this email due to having no communication from both Law Firms for several months I personally find this unacceptable as Judge Goodwin makes it clear to both attorney’s and their clients to have communication however I have never been able to speak to a REAL ATTORNEY! I was previously told by Miss. Bagget that no infections were going to be included, I would hope this is a false statement although Miss. Bagget is an attorney she stated she was not involed and had little knowledge of the settlement details. She also told me when I asked her what about we who have more then 1 defective device her response was that makes no difference, I exploded!! We who have more then one defective devices stand in opinion are at higher risk!! I have he HAMMOCK and TVT! I explained to the attorney the information I was told by Miss. Bagget. I also said what would you do if one of your loved ones had to experience what I (WE) do daily and having a new diagnosis every time we go to the doctors, YOU would definately make sure you loved one gets every single penny and you certainly would not allow these measely settlements being made, I was also told by Miss. Bagget that even with out having my records in front of her as she stated I didn’t have organ prolapse, I immediately corrected her organ prolapse dropped bladder/rectocele was discovered in 2011. I told him I was able to read where two amazing law firms settlements with AMS, I told him they were/are right on the ball and it appears that their clients/victims were recieving appropriate compensation, I have not seen any update concerning your AMS compensation and how things are progressing. So when HIS personnel paralegal called me he had printed out my email so there was an answere to every question!! We are being compensated for ALL infections, pain and suffering however that is decided by a point system, having had revisions (3) for me and actually 4 however that was performed after the deadline so I will appeal for the hold back fund after this phase is completed. We are being compensated for pelvic pain, not being able to be intimate. It was unclear if what I had been told previously by my other law firm in Texas that AMS would be paying for only some surgeries from January 1, 2015 to December 31 2016, I have not sent in my doctor appointment visits since Oct 2015 since I was told by Miss. Bagget no infections, I have suffered a UTI, Overgrowth bacteria and bladder infections for 5 straight months the infections seem to be getting to be the usual it’s taking 2 weeks to clear up plus having sepsis on top of all. I researched ways of getting sepsis to my surprise having multiple UTI’S if one of the reasons.At my last visit my doctor found a piece of mesh shaped like a fish hook (J) hanging from my uterous not sure what will happen there. I have a knife like sharp feeling in my woman hood quite frequently several times a day. It’s unclear if any compensation will be considered for us having no knowledge of what these products consisted of and I challenged my attorney to find me any information from AMS that should be in doctor offices about the products, what they contain and what complications, THERE IS NO SUCH THING!! I asked what happens when I have to have my organ prolapse surgery when I went to this doctor it was mid now being watched closely as it’s now stage #2, I have to find out if the doctor is going to try to snip the piece of mesh where tissues and nerves has started to grow around it or if that’s something that’s just going to stay?? So now I believe in my case the mesh has broken down in pieces and god knows what/where these defective devices are embedding in, causing more damage ect! Does anyone know if a hysterectomy is done can they remove all mesh?? I have been on this journey for 8 years I know many of you have been longer have more injuries and I’m sorry for all your suffering! Sorry so long I pray for all mesh woman/men!! Oh 1 more thing I also told my attorney i was not going to settle for pennies!! It would need to be something of significance no I/We won’t get a million however 3-4 hundred thousand would work for me!!

    • Janet says:

      We must have the same attorneys

      We’re r yours located, ms. Baggett seems I have spoken with her.. I will not settle for nothing we are to messed up for the rest if our lifes ..we will constantly be in medical care.

      I should not have to pay for someone else’s mistakes non of us..

      I am not asking 10mil are 17mil… but they need to make it were we can invest some money for our future bills that we can make money to pay our medical

  19. Barb says:

    And wanted to add Bleeding is also being compensated for………..

  20. Still Standing says:

    Dear readers. Impromised an update on the CDC guidlines for Opioids for Chronic Pain Management. The revised ones are hot off the press and I will copy the link below. They did modify their guidelines somewhat after the additional January public comment. These guidelines are fairly long, but you will get a lot from them, I think. They did soften the recommendation regarding the severe limit of opioids for chronic pain. Softened the wording, not deleted it. They also reworded the urine testing for those being treated with opioids for chronic pain…but, it will still be required. There is just a little more discretion on the physician’s part. They did add references to scientific research in order to support the recommendation. There will not be another public comment opportunity. This will more than likely be the final guideline. As I have said before, be aware and proactive when you visit with your doctor who medically manages your pain. Enjoy your bedtime reading material.

    http://www.cdc.gov/mmwr/volumes/65/rr/rr6501e1er.htm

  21. Jan says:

    Yes I receive very little
    I am in the process of trying to get more

  22. Jan says:

    I believe that the plantiffs side could also in force there clients also have there doctors present same time of exam. .
    My physicians thoughts on all this mesh is he chose not to do it because the vaginal wall is not made for that it’s made for 2 things having babies and sex nothing else..he stated it is very fragile he knew something was going to happen he said it was a matter if time
    I have seen other gynecologist for other opinion same statements by them
    My urogynecologist will not use also
    I wish I would have known all of this and I wish I would have a physician that would not have used this product. .now I know to investigate all sides and find out what exactly how they are doing surgery what will be used. .
    These manufacturers do not care who they hurt in getting on top.
    It’s sad but it’s all about the money and being on top

  23. Jane Akre says:

    The following comment is from a man who accompanied his wife to one of these exams. He has some great advice!!

    “What a terrible injustice to have every woman to go for a defense exam and what the outcome will be. We had to go to a doc in downtown Manhattan, that one being the wonderful Dr. K. Had to fly in for a 15 min visit. First she said congrats you did it you got it off the market, hope your happy, and then did a internal exam with no testing what so ever, She then told Linda to get dressed and she walked out of room. We waited for her to come back in when she didn’t I walked over to her office knocked on door. She was with another patient and just said your done and that we could leave with no discussion at all. She lied every time she opened her mouth. What people will do to sell their soul for money!!! Just another delay for J&J.

    If these women have to go make sure if you talk to them to take their spouse with them if they can.

    Amazing how different doctors treat these women when they have a man sitting in the exam room with them!!””

    • Still Standing says:

      Your story of the defense medical exam stuns me. That should not happen. The dr. Has an ethical obligation to communicate her findings to the patient. After all, I am guessing she got $1500 to $2000 for the visit. Didthe doctor ask any questions about pain or just pretend you guys weren’t there. This story needs to be told over and over again. Im sorry you had to go through this. How far did you have to travel? And were you familiar with Manhattan? That can be a pretty intimidating place if you havent visited NYC often. Every single woman deserves so much better. The pain is almost bears le compared to the additional suffering that has been caused by this litigation

    • Mary Pat says:

      I suggest that mesh injured and their supporters form a human shield, a peaceful demonstration to block the exams. Where will these exams take place? If we knew where and when, we could organize a demonstration. Maybe that would get the media’s notice.

      • Jane Akre says:

        That would be slowing down the process, and besides, the exams will take place all over. The other side is entitled to its “discovery” no matter how horrific that is.

  24. lordhelpus says:

    This is just one of the many tricks they’ll be coming up with… doesn’t shock me at all…they know they’re fighting a losing battle, yet they feel their money will buy anybody out… God will avenge us though… He says, “leave room for My wrath”I have ALL the faith in the world that He’s already got it all under control… they’ll not only settle but issue every one a public apology… Glory to our Almighty God!!!

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