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July 3, 2017

Mesh Medical Device News Desk has been at this for five years now, delivering news and information concerning this horrific chapter in American healthcare.

If you are a steady reader, would you consider a monthly donation?  Even a small amount will help with this effort to bring the latest mesh and medical device news.

Patients are still being implanted with polypropylene mesh, not just transvaginal mesh. There are one million hernia mesh surgeries a year.  Still the questions remain about the biocompatibility of PP mesh. Those questions are not answered, yet still it is used.

Thank you for contributing to this effort to uncover what we don’t know in an effort to add to the body of what we do know.

Mesh Medical Device News Desk is not a legal referral service and does not belong to any law firm. I DO take advertising and sponsored content, which is marked as such.  If contributing to comment section, please do not use your last name!  Thank you. 

Settlement offers are coming in to many readers with transvaginal mesh and many of you who write that you will not take them!

When you do, you sign away your right ever to file another action AND you must keep quiet about the settlement amount.  Your pain and suffering, lost wages, loss of consortium and punitive damages are not considered in these settlements, and except for a few of you they are very disappointing. Please think carefully before you sign on the dotted line.

If your doctor is suggesting transvaginal mesh, also known as a “sling” or “hammock” will cure your incontinence, read on!   Ask if your doctor can do a non-mesh repair and if you are a candidate.

These pages will attest to the fact that that is the most important research you can do to help yourself.  Advocate for yourself before surgery, and certainly afterward!

Jane Akre, editor MND

MND continues to believe that information is power and that global coverage of transvaginal mesh and hernia mesh use is important!  If you have not suffered harm, congratulations!  You are among the lucky ones. At least for now.

At this time, no one can tell you if you will have an adverse reaction and when.  Hopefully you will not.

So that’s July for you.

Happy Birthday America.

Pray for us all!

Jane Akre, Editor
Mesh News Desk, aka Mesh Medical Device News Desk

A purchase of Beautycounter products helps support Mesh Medical Device News Desk. See more here, and Thank You!:  http://www.beautycounter.com/janeakre

 

 

 

 

 

 

 

 

27 Comments

  1. Payton says:

    Hi Jane, can u explain why some lawfirm advertisements are saying they are only interested in women who have had 2 or more surgeries. I mean does that mean women who had 1 or no surgery are not worth the time and effort as the women with 2 . I would also like to know how is it that cases are broken up into tier groups how does that work if you know . Do you know if C.R.Bard is any closer to settling its remaining cases before the hands change ownership.

    • Jane Akre says:

      The Tier system or point system is based on how many removal/revision surgeries you’ve had. Obviously there are other considerations to pain and suffering but that was chosen as the criteria early on. I’m not a lawyer but basically, it is easier for the firm to argue on behalf of a woman with two or more surgeries than one. Since I’ve not done it, it would seem there is a great deal of weight that one could carry with the argument that the woman has lost her career, her savings, her home, her husband etc all due to the injuries from the mesh implant. Maybe she’s not a candidate for removal for whatever reason- some women cannot undergo anesthesia for example. All of this would need to be argued reasonably to the other side and yes, that takes work and effort. Some firms are willing to work hard for their clients and some want the easier cases.

    • Bejah Blue says:

      Personally I would stay away from such firms. My impression is that they are only interested in how much money they can make for the least investment of time and effort. What does your intuition tell you?

      Bejah

  2. Bejah Blue says:

    Dear Jane, Thank you for the meaningful July greeting. It is true, there is no reason why I can not send you $5.00 a month at least. I am going to set up a bill pay at my bank tomorrow to automatically do that every month from now on. If we all did that I expect that would help a little. We are a family and that is what families do.

    Bejah

    • Jane Akre says:

      Thats so nice of you Bejah. I sometimes figure this when being faced with something I want to contribute to… if everyone gives just a little, it really adds up…sometimes I give just $10 or $15 to an environmental group (ie polar bears) hoping if everyone does the same we can make a difference. Thank you.

      • Bejah Blue says:

        Absolutely, and I have noticed in life that the more one gives (whatever…time, money, political support, etc.) the more one receives in life, very mysterious process but so true.

        Bejah

  3. Anna D says:

    Dear Jane,
    I realize how busy you are and will be
    waiting to find out if you will post
    a website that will show my particular
    tvt-mesh case with more information about where it is going…
    My mesh litigation center stated that
    I am in the closing phase but no
    estimated settlement date…
    thank you for sharing information
    about this case information.
    My case is listed in Bergen County
    New Jersey / docket #010955-14
    Anna d. vs Ethicon ETAL –
    June 26th 2014

    Have called the Bergen Co. NJ
    mesh litigation department to find
    were I am on the calendar list …
    was given web but I don’t
    see my name or docket #…
    Thank you for any guidance here

    Anna D.

  4. My attorney wants 40% + charging me for Special Masters fees, filing fees, records retrieval fee, postage, courier, copy and specimen preservation fees. Not to mention 400.00 in general fees they won’t itemize. Totaling $2500.00 so far. How can this be fair, it should be part of doing business as attorney with their outrageous precentage.

  5. Bejah Blue says:

    A neighbor of mine is having legal troubles now because of tenants in an apartment building she owns (They did not move out when their leases expired and did not pay rents either). She has had to retain attorneys and also battle the attorney for the defense. A retired attorney who is a friend of hers said something interesting about her predicament now, that is where the attorneys who are involved in this matter on both sides, will tend to treat you differently if you are a well off elderly woman who does not have a strong familial support system. They will see you as someone they can take advantage of and separate as much of your money from you as they can. She is now suing to have monies paid to some of these attorneys returned to her. This illustrates why it is never a good idea to just select an attorney from the yellow pages. It also illustrates to some degree the difficulties and discrimination women tend to face.

    It looks like our sister is faced with a petty “nickle and dimer” in her counsel, whose only concern is how much money he can make through the use of her case. We need to be confident in dealing with them and never give them the impression we are vulnerable. In other words, “Trust no one”.

    • Janine says:

      My case is part of the MDL in WV against Ethicon. I have been offered a settlement. Although I don’t truly feel it’s enough I am still going to accept it. My attorneys get %40%, plus reimbursement for obtaining my medical records and a few other things. My health insurance company also wants a piece of the pie but my attorney has told me they usually settle for around 25% of the medical bills. When all is said and done I will be lucky if I see half. I was just told this week that things are moving and I should be receiving the release forms in the next couple of weeks. Hopefully I won’t have to wait too much longer

      • Jane Akre says:

        I certainly hope your firm is working on your behalf. Also negotiate the 5% common benefit fund if you can and allow the firm to pay into it.

        • Janine says:

          Jane,
          Is that the 5% that the court gets? I’ve tried negotiating but they’re not budging. Guess I should of done it before I signed the papers four years ago. My lawyer said my offer was much higher than the others but it is due to the fact I had two Ethicon devices implanted and I also had three corrective surgeries. With that being said, they must be low balling people with no revision surgeries. I’m at the point where I’m tired of waiting. It’s been four years. I’m just ready to settle.

  6. Kitty says:

    Quit honestly $2500 does not seem out of line…just saying

    • Cecil says:

      $2500 is extremely fair for fees. Attorneys work really hard on these cases – not to mention being yelled at, cussed at and cried at by clients, day in and day out, all day long for just trying to help! It is completely ridiculous to even suggest that the attorneys should not get paid or should work at a reduced rate. THESE ARE THE PEOPLE TRYING TO HELP. If anyone thinks they can do a better job, I would encourage them to put in all of the hard work, patience and sacrifice that it takes to get a law degree and practice law.

      • Bejah Blue says:

        Cecil, I think what she is trying to say is that her expectation was that all costs would be covered by the percentage the firm representing her gets from divided settlement dollars and there would be no residual. I guess the answer is “No”.

        Cheers,

  7. Kathy H says:

    What does it mean when it says closed under name in the mdl list? I do not understand any of this and can’t get answers from anyone.
    Thank you

    • Jane Akre says:

      It likely means your case is being negotiated for settlement. Why won’t your law firm answer you?

      • Rogna says:

        They always say it has been passed to another company which makes little sense to me. Thank you for responding to my question. I will try to get a response again. I thought closed may have meant it was dropped. The more I read the more confused I get.

        • Jane Akre says:

          Always glad to ansnwer questions based on experience with the patients/ clients. I’m not a lawyer.

        • Bejah Blue says:

          They pass around our mortgages also, it’s all about money, it is all a game, often so deadly.

        • Still Standing says:

          Sometimes, law firms bundle their cases with another firm that has a large number of plaintiffs to increase their negotiating power. Defendants would rather get 500 cases settled at once than a firm that has only a few clients. Plus, packaging in this way increases the probability that weaker cases will get a better return on investment. The larger firms charge a fee to the smaller firm to do this, but I imagine that cost gets passed down to the plaintiff sooner or later, but I don’t know that for sure.

        • Bejah Blue says:

          I get confused also and I imagine many of us do as there is a lot weighing us down which alone makes clarity of thought problematic. Don’t worry. You just need more time and a little help from your friends, that would be us. Ask and I think you will get answers/responses that will help you in this community. Also sometimes I feel it is intended to be confusing, and frustrating!

  8. Bejah Blue says:

    Do I remember that defendants will often settle with smaller law firms first and the large powerful firms last because of the variances in negotiating power, political power, etc. Or was I just dreaming?

    • Jane Akre says:

      Actually from my understanding, I’m not a lawyer, they do not want to negotiate with a firm with a few cases, they’d rather take on large chunks at a time, mostly with willing participants, ie mesh lawyers. Some law firms are more willing than others. I’m hearing of very low offers. Insulting really.

      • Bejah Blue says:

        They will do what they think they can get away with. To them it is just a business deal much like any other…you come in first with a lowball offer first especially if the case is not high value and then negotiate if you have to and these guys do not seem to understand that they are defendants and in theory therefore in a weaker position but that is not their posture AND they are dealing with women plaintiffs and many law firms that just want it over like a real estate agent just wants the commission so they can move on to the next deal. There is no humanity in this process and little in the law that protects plaintiffs or the award a jury might grant them. It is a travesty of justice.

        • Still Standing says:

          Actually Bejah, the defendants do come in with the stronger position. They do not have to prove anything and the burden of proof rests with the plaintiff who filed the suit.

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