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New Year~ Renewed Determination!

tea 200Hello February~

Those of you who are socked in with winter, I’m sorry. When it hits 60 degrees in Florida, we complain and have a cup of hot tea. But spring lies ahead and so does movement in this Mesh Mess.

Mesh News Desk (MND or MMDND) has been covering the issues surrounding pelvic and hernia mesh for nearly four years now. If you are new to the issues surrounding the controversy, please visit the search bar or click on the topics. You will find a world of coverage. You may want to start with Resources and our Facebook page.

Charleston, WV federal courthouse

Charleston, WV federal courthouse

There are 72,000 lawsuits filed now in Charleston West Virginia, consolidated in multidistrict litigation. This is not an issue made up of hysterical women and men, but real human life stories that deserve to be told.

Settlements Ahead

This spring, settlements are on the horizon, even from Johnson & Johnson, generally considered the last hold-out among the seven manufacturers.  At this writing, J&J is gathering medical records from many of you. Don’t be surprised if they check into your past to determine if you have preexisting conditions or mental disorders to lower the value of your case.

Given that it will never be enough to undo the harm done, let’s look at the numbers. A $70 billion a year company (J&J for example) that spends $57 million a day on advertising – calculate that your law firm will take about 40% of your tally – what number makes sense for you? It’s time to start imagining.

J&J vows not the settle. Until they do.

Changes Ahead

MND changes are on the horizon. Your editor just visited the Picasso/Dali exhibit in St. Petersburg and was struck by a quote from Picasso,

“Painting is not done to decorate apartments; it is an instrument of war against brutality and darkness.”

He was referring to the Spanish Civil War and his own painting, Guernica, but coincidentally, art is making its way to this website.

screaming woman jade r mesh

Courtesy, Jade R.

Many mesh-injured have expressed their devastation through art which you will see on these pages and in the weekly newsletter. (Please sign up on the first page- right hand column.)  The personal devastation could be equated to war on an individual’s soul through their body – a most personal and devastating life-altering horror. In light of the horrific Charlie Hedbo terrorism, people are becoming much more aware of satirical cartooning.

Courtesy, Jade R.

Courtesy, cartoonist, Jade R.

Thank you Jade for your artistic contributions.

 

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statsMesh News Desk is grateful to our advertisers.  With 5,000 views a day- what are you waiting for? 

Please visit the About Us page to learn more.

MND is NOT a legal referral service!

Litigation Coverage

Court coverage will continue.

Having covered five cases from the courtroom and two via Courtroom View Network (much thanks) certain themes are being repeated and we are seeing now more doctors being accused of medical malpractice for using mesh in the first place and not adequately informing their patients.  Doctors have testified they simply did not know the dangers.  What remains to be explored further are the autoimmune issues that mesh-implanted patients are developing post-implant.  That cannot possibly just be a good coincidence.

The longer mesh makers wait – the more evidence amasses that life-long compensation will be required for those impacted by polypropylene mesh. 

GoFundMe

Your donations are appreciated to allow court coverage, even in the form of mileage for hotels and air.  Also much appreciated are your thoughts shared with the website.  For those wanting to donate – there is a GoFundMe page to contribute to journalism in the public interest. Indy journalism is a challenging road, to say the least, but the need is there, and I believe the support is as well.  (Please if you are mesh injured and suffering financially as well, you do not need to contribute).

Bruiser

Bruiser

For those of you who asked, editorial assistant, Brewie was born with a compromised liver. It is smaller than normal and he has multiple infections and stuff in his blood that the liver normally filters out. It’s amazing how the body compensates with a compromised liver, and with meds, antibiotics and consulting through the incredible U. of Florida small animal department, we are hoping to keep his alpha male self around for at least another four years.   (Why are alpha males 5 lb?)

Your emails are never shared unless you request. Providing your email may result in enrollment in the newsletter.  Thank you all!  Hang in there friends.  A new year, renewed determination!

Jane Akre, Editor

janeakre@meshnewsdesk.com 

 

19 Comments

  1. David says:

    Jane, with regards to “…certain themes [which] are being repeated” –as “…we are [all] seeing now more doctors being accused of medical malpractice for using mesh in the first place and not adequately informing their patients.” And then, these same “doctors […then testifying] they simply did not know the dangers….” If a doctor did not know the risks (for what ever reason) from the surgical procedure, they consequently, then negligently performed on a patient, they ARE guilty of medical malpractice!…As a patient is currently dependent on a surgeon (“the learned intermediary”) to inform them of the risks, from both long-term/permanently implantable (L-T/PI) medical devices and accompanying procedural risks, and benefit alternatives to a surgeon’s reckless, indiscriminate abuse of a L-T/PI device: risk-mitigated, non-device surgical procedures (native tissue repairs) which that surgeon may not even be competent to perform.

    How, when a patient is deceptively, unethically tricked by a surgeon into sacrificing his/her life-time of safety –compensatory to that surgeon’s own regressive training needs, is this not physician medical malpractice? It is also about self-responsibility for a physician too – removed from his/her’s habitually cowering behind the primitiveness of the peer group’s abusive behavior norm – to again get out of accountability…And, then see what next you can get away with.

    In your last article: Ethicon Abbrevo – A TVT Family Member- Day Two of Pelvic Mesh Trial, your linked to the legal theories presented by the Transvaginal Mesh Working Group. On page 120 attorney Henry G. Garrard, III, with Blasingame Burch Garrard & Ashley, PC, under “Bard Trial: What Have We Learned?—Theories and

    Defenses,” commented on “Failure to Warn Claims”:

    “• Bard filed a motion for partial summary judgment against another bellwether plaintiff, Carolyn

    Jones, currently scheduled to be tried in May 2014, seeking summary judgment, in part, on the

    failure to warn claim

    • The court applied Mississippi’s learned intermediary law, which requires Bard only to provide adequate warnings to the physician andnot the patients themselves

    • Under MS law, the failure to warn must have proximately caused the damages for which recovery is sought. Thus, the plaintiff must “show that an adequate warning would have altered the treating physician’s conduct.”

    • Ms. Jones’s implanting physician testified that he did not read the instructions for use (IFU) before

    using the Avaulta Plus

    • The court held that, since the implanting physician had not read the IFU, “no amount of warning contained in it would have caused [the doctor] to act any differently” and granted summary judgment on the failure to warn claim

    • Ethicon argued that a design defect theory based on inadequate warnings is subsumed by a failure to warn claim

    • The court agreed, holding that “evidence of inadequate warnings were not relevant to the design defect claim” and that “plaintiffs may not circumvent the learned intermediary rule by introducing evidence that suggests Ethicon has a duty to warn Ms. Lewis.”

    • The court, applying Texas law, further held that warnings can be considered relevant to defective design only when the warnings address the method or manner of using the design safely. The TVT’s design could not be used in a safer manner by following the warning; rather, the IFU only served to inform physicians of the risks implanting the device.”

    In my case against Bard (DAVID SCHMIDT vs. C.R. BARD, INC., et al., CASE # 2:11-CV-00978-PMP-PAL), for the defective design of two of its Bard 3DMax Mesh hernia devices, the Honorable Judge Philip M. Pro of the U.S. District Court, District of Nevada, stated is his July 22, 2013 ORDER granting Bard’s Motion for Summary Judgment (Doc. # 109, 110, & 114*): “Plaintiff’s implied warranty claim fails because Plaintiff has not presented evidence of proximate cause. Indeed the evidence shows that Dr. Gabriel reviewed no warnings which accompanied the 3DMax Mesh product at all, and there is no evidence that Dr. Gabriel would have done anything differently had the warnings accompanying Defendants’ product been different.”

    * http://docs.justia.com/cases/federal/district-courts/nevada/nvdce/2:2011cv00978/81705/143

    As in Plaintiff Carolyn Jones case against Bard, in my case, Bard was also able to use the physician learned intermediary to get out of any legal liability (under U.S. law) for the defective design of its “same [510(k)] intended use,” non-inert polypropylene mesh device because the Mississippi court also applied the “…learned intermediary law, which requires Bard only to provide adequate warnings to the physician and not the patients themselves”.

    These crimes being perpetrated against unsuspecting patients are with a device manufacturer’s knowledge of how to use U.S. laws (both pre-market regulatory and then post-market product liability) to “legally” insulate themselves, and I believe, their predatory intent from liability. With the greater device industry’s use of the regressively trained surgeon perpetrator – “pigeon holed” in the medical schools, into abusively carryout standards of care indiscriminating abusing, then dangerous L-T/PI medical devices – device manufacturer instigators (via the influence of leading industry physicians) are able to incessantly exploit their profit opportunities in the bodies of unsuspecting patients. And, it is only upon undermining a patient’s legal rights (fundamental human rights granted not only under U.S. Constitutional law but preemptively under hierarchal international human rights laws) that these repeat offender physicians are also able to insulate their despicable behavior from accountability…to continue to carryout their and industry’s own best practice of one-sided medicine (AKA: the standard of care).

    As suggested to FDA Commissioner Margaret A. Hamburg, M.D., in my July 22, 2014 letter entitled, An Open Letter to the FDA Requesting: Appropriate Action, THE UNIVERSAL, TWO-STEP, IMPLANTABLE MEDICAL DEVICE PATIENT INFORMED CONSENT PROCESS (an enclosure to that letter**) “…will function to effectuate a system of legal checks and balances over the patient/doctor relationship”. “This will help prevent [any further rampant…] illegal surgeon [attempts] to undermine his/her patient’s rights.”

    Via the suggested FDA UDI Entry Portal (UEP), “seamlessly linked” to THE UNIVERSAL, TWO-STEP, IMPLANTABLE MEDICAL DEVICE PATIENT INFORMED CONSENT PROCESS (the new primary system control), it “will sever the physician-to-patient exploitative marketing avenue, which has not only unjustly enriched domestic but transnational device manufacturers also marketing their devices in the U.S. The severing of this proceeding “industry umbilical cord,” as the “least burdensome” means to its profits, will begin to address its abusive, societal formed control over its surgeons’ infliction of own standards of care.”

    This new primary system control will place liability directly on a device manufacturer for the defective design of their “substantially equivalent” devices, and subsequent failure to disclose reasonable or unreasonable risks directly to patients. This shifting of the practice of medicine to a patient’s perspective, will allow each and every U.S. patient to protect themselves from the medical device industry’s abusive use of its regressively trained surgeon perpetrators, to prey upon their vulnerabilities as a illegally informed patient.

    ** http://meshmedicaldevicenewsdesk.com/patient-profiles/a-gold-standard-for-hernia-repair-and-the-patients-post-surgical-understanding-of-unreasonable-mesh-device-and-procedural-risks/

    • Jane Akre says:

      You are so right David- ignorance of the law is not an excuse… and ignorance of medical dangers is not an excuse either! Especially by a physician who will profit from your implant. Clearly, further evidence that the courts have an initial bias against the plaintiffs going in. Thank you for the reminder about your letter to Dr. Hamburg. So very important…

  2. Dan says:

    What happened to the Perry v. Ethicon trial? Did it stop after the sales rep testified?

  3. Kim says:

    Jane, I was just reading about you going up against Monsanto over rBGH. Good for you!!!

  4. Robin Herzog says:

    Hi Jane Any women r men interested in coming to the WV trial on Mar 2? Bellew vs J&J? I would like to have a rally outside the courthouse. I am surprised that no one has commented? Is everyone too afraid to jeopardize their lawsuits? Too sick? I totally get it. I just got out of the hospital myself. But I am so pissed at how nothing in the media is being talked about. If you cant make it then Jane what is the total number again for J&J. Approx 25000 cases? Somehow I want a poster board to reflect us women. Or a t shirt or something. I will get the supplies for the poster boards we can make prior to the trial to rally1 hr before? I also offered to pay for the buttons but no feedback there? I am going to WV any other women close? Letme know not much time left to get supplies. If not give me your ideas of how I can represent for all us women. Just going and sitting thru trials I don’t feel will get much attention. But I will cover for you Jane however I am not a reporter but we can talk each day after trial and maybe you can ask me questions to use for your website. Ladies? Anyone willing to show their support.

    • jade says:

      Robin – Feel free to use my artwork or satirical cartoons for your promotional items.

    • Linda says:

      Robin,

      If you are willing to give Jane your address I will mail you the banner. My husband can draw it out. We can do this.

      • jade says:

        I will yield to JaneAkre on this request. Jane, is my conduit for distribution of my artwork to this site. Jane would you be so kind to forward Linda whatever she requires to reproduce my art images. Thank you.

    • Tammy says:

      Robin I live in Ky and am planning on going to the court March 2, in WV. Please call me 859-421-3998. Maybe we can ride or meet each other. I’m looking into Hotels. Be blessed. Jane, if I can do anything to help you please email or call. God bless all of you women for your voices prayers and strength. Glory Glory

    • DEBORAH says:

      Linda , You GO girl!!!!!!!! If I was anywhere near I would be there right beside you!

    • DEBORAH says:

      Robin,

      I hear you! It’s as if ,it’s a naughty word to use! The entire world needs to know what those billionaires that have gotten stinking rich,off, poor kids, women, men, guinea pigs! They are in another world!

      Their products are killing people!!!!!!!

  5. Corinne Everly says:

    I would love to attend the March 2nd session, my claim is under the MDL 2327, but I’m not sure I can get the time off work for that.

  6. Diane Elliott says:

    Jane, No apologies necessary. All you do for us is appreciated. THANK YOU! THANK YOU! THANK YOU! DIANE

  7. Linda says:

    Hi Jade,

    Your art work is so reflective of my emotions! I’m not sure how to do this but if you can e-mail the drawing to Jane and she can send it to me via personal e-mail, I will take it to the t shirt shop and get them printed. If some are going to the next trial I suggest a banner. My husband does great art work. I will ask him to come up with how to get this on to a banner and then mail it out to one of the women that will be attending. I can’t attend in March but anything in June and July I am committed! Actually Jade just email it directly romerlisw@yahoo.com. For those of us that can’t attend I would like to rally and say we all make a minimum contribution to the go fund me to assure that MDND can get out there. If we all contribute we can get them there. If we can’t attend we can support. Jane if there is a trial in June or July can you post it?

    Jade,

    Thank you for creating this visual that puts a picture to our pelvis!

  8. jade says:

    Hi, Linda – Thank you for your comments. I do hope I’ve captured the torture we’re all going through. I’ve put in your request to Jane. Good luck with your organizing.

  9. DEBORAH says:

    The urologist, 3 of them now, all start out with the same remarks, in them the words “lawsuit”, “money” , and “leave the mesh in” always pop up!

    Am having a hard time finding one to take the mesh out! Irreparable damage comes up, when I finally get the chance to discuss that!

    I am mainly getting “this lawsuit stuff is a scam” ,”you might , if your lucky, get $100, out of this”

    I think they are afraid of losing their license, or losing friends, or something.

    I’ve yet to find a sympathetic doctor yet! 4 months after it was inserted and pieces of it were already sticking out side of my vagina sharp as needles,it pissed the doctor off, excuse the colorful words, he was mad at me!

    Someone tell me, what else can I do?

    My case is filed, THANK YOU JESUS! I live in East Texas, and if any of ya’ll are near , notify me! I’m near Tyler. We can stand up here too!!!!!!

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