Free Case Evaluation
Connect
With Us

*Revised* Anatomy of an AMS Settlement – 692 Pelvic Mesh Injury Claims to be Resolved?

steth 185American Medical Systems (AMS) has sent a settlement letter to 692 women who claim mesh-related injuries.  These are women represented one of the settlement counsel.

There are at least 100 law firms representing injured women who have been encouraged by Judge Joseph Goodwin, who oversees the federal cases, to reach a settlement.    

The AMS settlement is voluntary and applies to those procedures documented in your medical records on or before December 12, 2014, the date the settlement was reached.

This morning Mesh News Editor, Jane Akre, received a call that even revealing any specifics of the settlement agreement by AMS will discourage others from making any offers to settle outstanding pelvic mesh cases.  AMS is watching this column and cites the confidentiality agreement that is in place. Although no individual settlement has been revealed, the company does not want the specifics disclosed. As a result, this story has been revised.

Because it has always been the focus of Mesh News Desk to do what is in the best interest of the injured community, for both transvaginal and hernia mesh victims, this story is being altered. The specifics of the settlement will not appear.  Consult with your individual law firm about which “Tier” of injury you fit into.

What we can say is that there are currently 19,712 AMS defective product lawsuits consolidated in one federal court in Charleston, West Virginia, not including those filed in various state courts.

AMS litigation represents the second highest number of product liability lawsuits filed in this court behind Ethicon (Johnson & Johnson). AMS admits no fault in offering any settlement.  Judge Joseph Goodwin has cited AMS as the leader in offering settlement dollars to those women injured by transvaginal mesh.  He has encouraged other companies who are holding out and opting for protracted litigation to follow the lead of AMS.

AMS- are you watching?  As you know, your settlement dollars will never be enough. They don’t begin to make whole women damaged by your product, which at best, was experiment and highly speculative.  Clearly the product is not working in a large number of patients and should not ever be a “Gold Standard” for anything. The collateral damage is just too high.  No one can predict who will be adversely affected. No expert doctor can assure a woman she will not have complications.

AMS- will you offer an apology to those injured?  It might go a long way to admit you made a mistake.

Other law firms are trying to work out details of a settlement and MND does not want to impede that progress.  Clearly it is preferable over beating up an already injured woman in court, though the jury may decide she deserves millions, it will be a long time before she sees that award.

What we can say is that there are 692 AMS claimants who will be the recipients of this settlement, overseen by the Laminack, Pirtle & Martines LLP law firm of Houston.   AMS has agreed to a settlement amount to which there must be at least 90 percent agreement by claimants.   Additional reserve monies are being set aside in case there is any change in an individual’s settlement category.

You are encouraged to discuss your specific injuries with your law firm to see which “Tier” you fit into.

Judge Joseph Goodwin

Judge Joseph Goodwin

The settlement agreement was reached with the help of a Special Master, the Honorable Susan S. Soussan. Judge Soussan has been a district court judge, special master in mass tort cases, a mediator an arbitrator.

Last May Judge Joseph Goodwin assigned Judge Marina Corodemus to be the Special Master between AMS and certain plaintiffs’ counsel (ie Motley Rice, Levin Simes, Blasingame, Burch).  See the order here.

The job of a Special Master is to help resolve disputes that arise from the categorization and processing of any claims based on the facts and circumstances of an individual’s situation.

The amount each claimant receives depends on their evaluation.

Look for a Special Needs Trust to be set u so the monies are not considered an asset and are protected from Medicaid  and disability reimbursement.

In February, Boston Scientific announced it would buy Endo’s AMS medical device unit for $2 billion.   Endo acquired AMS for $2.9 billion in 2011.   Last April, the company announced it had reached  $830 million settlement to resolve a number of pelvic mesh cases.

AMS is headquartered in Minnetonka, Minnesota. Endo International is based in Dublin, Ireland with U.S. headquarters in Malvern, PA.

Endo/AMS products include the ElevateTM Anterior and Posterior Pelvic Floor Repair System and the Monarc® Subfascial Hammock.

In January, 2012, the Food and Drug Administration ordered AMS to conduct post-approval studies on women who had received the pelvic organ prolapse and mini-sling implants to monitor them for complications. AMS received 19 orders but has honed that down to sixteen “for various commercial reasons” says its filing.

AMS took its Apogee and Perigee pelvic organ transvaginal mesh (TVM) off the market and in doing so it relieved them of the FDA mandated post-market monitoring. #

Learn More:

Pelvic Mesh Litigation- Is AMS Watching?

http://meshmedicaldevicenewsdesk.com/favorable-jury-verdicts-continue-in-transvaginal-mesh-tvm-litigation-is-ams-watching

AMS Master Settlement Reached, Mesh News Desk, September 2014

http://meshmedicaldevicenewsdesk.com/1-6-billion-master-settlement-reached-to-resolve-ams-pelvic-mesh-claims

430 Comments

  1. Hal Lewis says:

    It be interesting to see if they get the required 90%

    • Abandoned says:

      Hal, I am in a MDL and have completed the discovery phase, depositions are completed. I have requested my attorney approach defense for settlement out of court. Are they required to attempt my request?

      Is the same tier system being used across the board? How many tiers are there? If you could share this information with us all..that would be appreciated. Or feel free to email me at rainmaker902@yahoo.com.

      Thank you

  2. Richard Howden aka All Meshed Up says:

    Not only “IF” they get 90% but what happens if they do not?

    I am, again, going to say that the way these MDL’s are set up is that the Lawyers gleen most of the money. $50,000 is a not even a good years salary much less an amount that will help you through the next 30-40 years with the Mesh and/or the damage done by it!

    93 million dollars sounds great until you figure in the Lawyer fee’s, Court fee’s and any subjugation that might also cut into your “Substantial Settlement”. What is missing out of this process is the acknowledgment of continued pain, suffering, infections, surgeries, mental anguish, loss of a sex life and everything else that goes along with being a Mesh Victim and damn well getting PAID for it. You can’t talk about the proceedings. You have no say for the most part. You are categorized without even having a human interview by people that will actually be in Court. No one see’s your face. And they pay you an award by what they percieve in your file. And it can take years for the proceedings and distribution of funds to be completed. It can’t get much more insensitive than that.

    These Manufacturers are going to still be marketing and distributing their Mesh Product that screwed up your entire life and will be making a ton of money doing it well after the MDL is over.

    There is no punishment, no prosecution and no damn justice in the MDL process. If there was, the Mesh that hurt you, that you sued about, would no longer be allowed on the market and you would not have to worry about money or bills ever again.

    Maybe I am wrong but I don’t think so.

    • Disgusted says:

      Richard, Congress has tried 3 times now to make Mass Torts criminal. Turned down each time. The argument has been that the plaintiffs won’t get what they need if they are criminalized and that the system is self limiting. For example the bad press a company would receive over such a product would cause it to lose business and set them straight. This was testified to before congress by law professors from prestigious colleges. We have seen the truth – the theories are wrong. It is so sad that we have to write more laws to prevent criminal acts because the value is in the dollar and not people.

    • Sandra says:

      Richard, I asked my attorney what happens if they do not get 90% That was not in their letters that were sent to their clients so they are not sure. They answered that it won’t have any effect on the ones who signed. I was amazed that the attorneys told me that some never had a revision, never have followed up with doctors so there for those are the ones who won’t get a penny! If woman have had these surgeries then you certainly would be in much pain to where you would need to seek medical care!! Those that didn’t sign will be set aside and not sure what will happen. If they decide to go o court or if anyone decides they wan their own cases in court are risking a lot, they may end up with zero. Yes I had my original plus to revisions and now possibly having my 4th which maybe a hysterectomy, they felt something that shouldn’t be there!! I have over the years seeing 2 specialist, continue care with my PCP I’m an advocate for myself!! People you have got to get all information your self and for some who are complaining about just infections, welcome to my world I have been diagnosed with not only bladder, several UTI’S but septis as well!! You can all feel free to comment I’m not someone who is condoning anyone however these MDLS trials are moving right along, medical records are being put together in certain categories, we will be getting a letter informing us of what injuries they associate with these defects then that’s when the Special Master comes into play he/she has been in place for sometime. I went in for SUI, now since 2008 after years I now have organ prolapse, cycstocele, rectocele, cyctitis, dropped bladder. sever pelvis pain, no intmacy and now bleeding.

      • Gina says:

        right on! the best patient, is the most onformef patient. the best claimant is the most informed claimant.

        • anonymous says:

          So what happens to those who don’t sign I’m sure in the hell not going to take a $10,000 payment I’ll see them in court

          • I am glad to see that I am not the only one who is pissed with this poor excuse for a settlement !!! However my lawyers continue to push me to take their offer !!! It’s easy for the attorney’s to say sure take the money !! They don’t wake up every single day in pain nor do they walk around looking like they should be given birth any day now !! I can’t even have sex for that matter !!!! I have had 3 revisions and 5 surgeries from complication and turned septic and also have nerve pain which can never be reversed !!!! However they only offer money for the 3 revisions NOTHING FOR COMPLICATIONS , NOTHING FOR PAIN AND SUFFERING, NOTHING FOR LOSS OF MY JOB, NOTHING FOR LOSS OF COMPANIONSHIP !! Why is it fair for the woman who were chose to have their case heard and receive millions but we only deserve pennies on the dollar

          • Jane Akre says:

            Just to be clear, no women has received millions unless a settlement was offered during trial. All the monetary verdicts have been appealed by the corporate mesh makers.

          • anonymous says:

            Take them to court if there’s any way that you can live on what you’re making a half take their asses to court that’s the only way you’re ever going to get justification and be paid back what you deserve when enough of a start taking them to court then they look at it a different way if your attorney doesn’t want to do it he’s not worth of pennies that you’re paying him so fire himget somebody else

      • Carmen Perez says:

        I already had 1 surgery and the Dr. Found a splinter in the my bladder I was hopping that It was over. But the pain and the infections are here. Now I am trying to get rid of this Mesh I am so stressed out and I can’t lose any work because of the informations. I don’t know what else to do!

  3. Richard Howden aka All Meshed Up says:

    One other thought is this, if there are 692 women who get to participate in this proceeding, how many tried but were denied?

    • Hal Lewis says:

      Richard, I think they are grouped by law firms. In other words, that is a group of women who are represented by one firm or a group of united firms. That’s how it works. The defendants deal with one lawyer for the plaintiffs, not 692 lawyers.

  4. Lucy Loo says:

    I know there is no way of knowing, but will these numbers be similar for companies? ie Boston Scientific?

  5. anonymous says:

    so these awards are just for the surgeries and mutilation. what if your permanently disabled for the rest of your life and can no longer work? shouldn’t there be some compensation for that and paying for your wages for the rest of your life. other people in other situations from workmans comp car accidents motorcycle accidents excetera all get their wages paid and permanent disability. after all they’re the ones who took your ability to work away from you. And even if you are in the top tier by the time they take attorneys fees and these fees now with these you can’t live on that the rest of your life if you can no longer work. by them being willing to pay us they are admitting their guilt and therefore they need to realize they need to pay us for permanent disability the surgeries we have had loss of family time loss of spouses loss of right to find happiness, there are so many things that we have lost the pursuit of happiness the pursuit of a life filled with laughter and fun and being able to move and trust people excetera excetera excetera. this isn’t even close to what the jury’s have been a rewarding AMS. evidently you haven’t heard a word that anybody has said who’s looking at this from outsiders look. this is terrible absolutely terrible

    • Hal Lewis says:

      Have you read my previous articles about the financial realities of the situation? There isn’t near enough money to make everyone whole.

      • Janis Urban says:

        So sad that because a company is not financially solvent enough, not insured enough has once again been allowed to cause injury to its victims. It seems that the future interests of keeping this company in business play a key factor in the settlement amounts. Business as usual. While all their victims are left with a life time of suffering.

        • Janis Urban says:

          Hal Lewis, You know if they would just acknowledge the fact that these mesh devices can cause harm (can). It might take some of the disappointment,shock of these measly settlements. The secret society of mesh wins again. Manufacturers win all around in this MDL.

      • Richard Howden aka All Meshed Up says:

        Hello Hal, So Sorry! I must have gone off in a tangent because I know that Mesh Victims will be dealing with just their Lawyer or team and not 690+ Lawyers. If you will read again, Hal, what I am saying is that the Lawyer the Mesh Victim talks to most likely is not the Lawyer who is representing the entire group in Court for the MDL. And please understand, Hal, that the biggest complaint I am hearing is that there is a complete disconnect between the Mesh Injured and the facts concerning categories, payout, how much is being subjugated( and by whom) and the schedule for finally getting paid. YEARS after a decision was made there are still Mesh Injured men and women from a Bard/Kugel Hernia Patch MDL that cannot get any info from their Lawyers much less get paid. Please read through some of the articles on this Forum and you will find many comments about the lack of info, the size of any settlement and the huge amount of time that the Mesh Injured has to wait AFTER the MDL is over. And God Forbid if you dispute or say “NO” to the settlement amount or category you were assigned. I’m sure, Hal, that you would be in immediate touch with any concerned Mesh Victim who had signed up with you and answer their questions ASAP. And if so, you would be one of the few according to what I know.

        The main firms in this whole scheme of things are the Johnson Group out of Austin Texas and the Motley Crew-Motley Rice from the East Coast. There are a couple of others but these are two of the “Big” players. They “buy” cases from other Lawyers to build up the MDL, verify the cases and make sure they are up to their requirements before going to Court. If you are not deemed worthy of such representation you are cut from the list and the chance of you ever getting another case going is about nil.

        There was a question about having two Mesh Products either used on you or currently implanted. I had a Prolene Mesh implanted in 2006 and removed in 2008. The hole was “repaired” with a Bard/Kugel Oval w/ring. I could not get a Lawyer to represent me BECAUSE I had 2 Mesh Products. J&J has denied their product did any damage( partly because the Emergency Room Surgeon who removed the Prolene never said why it had to be removed) and Bard/Kugel has told me that the ring has not broken so they have no responsibility in the continued pain and other symptoms. So although I have just had my 5th and 6th surgeries for yet another infection, my chance at a lawsuit is an absolute 0.

        There was another comment about continueing expenses as you get older and more Mesh symptoms or side effects become apparent. Unless you have your own Personal Injury/Product Liability lawsuit, you sure as hell are not going to get enough money to be able to live AND deal with Mesh Injury. That is not the idea behind an MDL. Pay you off with an amount of money equal to a years small salary and SEE YA! That is what an MDL is all about. And Hal, your comments about” there is not enough money” can be easily taken care of by the Manufacturer’s being forced to set up a fund for the Mesh Injured as the Government had to have for Mesothelioma Victims. No Courts. No more Lawyers telling us about a “Substantial Settlement” that does not come. Only a confirmed medical history of Mesh Injury and damage, confirmed loss of livlihood and a Mesh Victim should get( in my belief) $300,000 at a minimum. AND NO 40% off the top and the right to question, dispute and make payments on any legitimate Subjugation claim. This whole situation should be set up to benefit US! Not the Lawyers or the Government or an Insurance Company to get what they say they are owed in one lump sum without thought about how the Mesh Victim will live afterwards.

        Best Wishes……..

        • Hal Lewis says:

          Richard,

          In these group settlements, the victims ARE usually represented by one large firm… and because the firm has so many clients… they ARE usually part of the MDL steering committee.

        • anonymous says:

          Richard right on this should benefit the victim!!! But no attorney will listen ever!!!

      • Abandoned says:

        Can anyone elaborate on Special Needs or Supplemental Needs Trust? What would it basically entail if parents are already deceased?

      • Donald Rainey says:

        Hal…non of those company’s have even tried to help a single victim of the mesh. They are trying to get away with paying out a big fat …( O ) It would be altogether different if they were trying to find women that are injured and help but that isn’t happening anywhere is it now. What they and some with the courts are saying is DIE AND GET OUT OF OUR WAY OF MAKING MONEY… MY QUESTION TO YOU AND ALL LAWYERS AND COURT OFFICIAL S WHAT IF THAT WAS YOUR WIFE THEY WERE SAYING THAT TO?????AND YOUR WIFE WAS SLOWLY DIEING FROM MESH IN THEM…THINK ABOUT IT SOME

  6. Louise says:

    These settlements, are they only in America? I heard that when our cases are settled the lawyers have our money and keep it, in order to make interests, on it. They get the interests, not, us.Then, they take their share. It’s not supposed to take that long.The lawyers should mail our settlement after they get it.We, are the ones who suffers , not the lawyers.The judges should tell the lawyers to send our money, now!!! And can we trust the lawyers that represents us? How can we find out what the judge gave the plaintiffs and when to expect our money? Let’s say that the judge agrees that I’ll get 500,000.00, we don’t know if the lawyers will tell us the real amount.They might say 400.000.00.’I know that they take a certain amount for representing us, but how will we know the real amount we’re gonna get? Why don’t (the Judges) email each of us, to make sure the lawyers, won’t cheat us. And, why does it take years to get our compensation? Maybe it’s true that the lawyers take their time, to make interests on our money, then years later they decide to send our checks.Judges should give lawyers a deadline to send what they owe us. and call or email us, to know the real amount we are gonna get. I have a brother who was in the Vioxx lawsuits, he waited 13 years to get his money…This is absoulutely stupid. A few of us, will be dead by then…

    • Jane akre says:

      I believe these are U.S cases held by one group of lawyers. Anyone else know differently?

    • Chris says:

      Louise,

      The lawyers DO NOT earn interest from your settlement money. It is illegal. All settlement money goes into a special trust account where interest either does NOT accrue or any interest accrued goes to the state bar association. There is no benefit to any lawyer in keeping client money in a trust account. That is simply a myth.

  7. David says:

    The limited monies that these surgical mesh manufacturer predators will “coughed-up” for the harm that they knowingly inflicted onto the current women that they deceptively, predatorily targeted needs to be made contingent on preventing even more, future unsuspecting women from also being preyed upon. The regressively trained surgeon’s need – to further act out their patient abusive, reckless, indiscriminate surgical mesh abuse training limitations – is NOT a valid excuse to continue to carryon this premeditated abuse to patients (via the standard of care…the best industry practice of widespread, systematic patient exploitation…and that would be across indications). Direct patient informed consent (to warn every patient of device/regressive surgeon training limitation dangers – while putting the liability for failure to disclose, directly on the manufacturer); transparent patient safety guidelines (so patients understand a once unwarranted, past device use); and prison time for the perpetrators of these crimes (as an effective deterrent) is what is truly needed now.

    You can bet the lesson that these manufacturers have learned up until now is, only how, to again mitigate liability risk to their profits…And, until they understand differently, their behavior will not change; they will continue to cower behind a surgeon’s ability to convince a patient that they can act in their (that patient’s) best interest –with the reality being: that they were regressively trained by an industry to carryout its mutual, best practices.

    • David says:

      It is my belief that the global medical device industry’s expectations for future profits are both unsustainable and unrealistic when currently positioned upon the big bubble of its past, widespread, systematic exploitation of unsuspecting patients (unstably built by its fraudulent marketing practices). I will stereotype the customary, patient exploitative behavior (bad behavior) of a typical device manufacturer’s “feeding activities (frenzy),” via “the Over-Feed Park Bear Phenomenon”.

      This industry’s bad behavior, I believe, can be likened to that of well-feed, opportunistic park bears accustom to cleaning up after a day of picnickers. In that, once a park bear has the taste stuck on its palate for the “least burdensome” picnicker’s lunch it becomes very difficult to break that bear of its bad habits and return it to again forage contently in the forest. Likewise, with a device manufacturer accustomed to exploiting anticipated profits, following re-cultivation existing or upon creating even more one-sided, patient abusive new standards of care (crafted with complementary, evasive marketing tactics to again successfully, deceptively target even more future, unsuspecting patients as easy prey), device manufacturers must also form a habitual taste for their own “least burdensome,” self-sustaining lunches. As the opportunity of the “least burdensome” lunch drives a bear’s deviant behavior once again out of the protective shelter of its forest habit – to continuously pester the next day’s picnickers – yesterday’s expectations for these easy 510(k) profits, I believe, must also drive the insatiable appetite of the typical, opportunistic device manufacturer…again on the prowl for more “least burdensome” opportunities. Warning signs to future picnickers and unwarranted patients: TO NOT FEED THE BEARS (or to unwittingly become the next profitable lunch of a predatory device manufacturer), will help address an industry’s insatiable industry hunger to “drum-up” even more profit.

  8. Donna says:

    Have a question regarding this settlement. ~ Is this only for the 692 mesh victims ? When will these woman be notified. I have many more surgeries to go. Already had 3 revision surgeries, Auto immune disorders etc. No SEX , Nothing, lost jobs ,spouses , houses, etc .. All gone credit gone.. Does the spouses receive anything ?

  9. Sandra says:

    They will send you a letter in the mail with a break down of what cost what. Your talking about Attorneys here I’m more then willing to let them have the 1/3 plus we who have AMS hopefully agree then there won’ t be court charges and all these other charges! And if anyone is on Medicare they won’t be getting any pay so no liens there. These figure does not include the damages lost wages, punitive damages. If you all think about and follow cases they have gone to court jurors have awarded pain and suffering damages that’s been done to our bodies because of these products. Do we want to go to court?? I would hope everyone would consider and hope 90% do agree if not this will take much longer, and each day that goes by, every time we see a doctor and diagnosed with new symptoms They AMS really has stepped up and want these cases settled asap! They originally started with $830,000,000. I think they are doing exactly what they should. I personally will break down my issues as I’m sure many off you have!

    !) Implanted vaginally in 2007

    2) 2008- 2 revision surgeries

    3) Have 2 defective devices-no doctor will operate due to scar tissue, no guarantee that is would work and these products were made to stay a lifetime so removing is almost impossible

    4) cycstitis-inflammation of he bladder-went in for incontenence

    5)Dysuria-pain with urinating

    6) Microscopic Hematuria- blood in urine

    7) UTI/pyuria/Urosepsis-Inection in bloodstream

    8) Mixed incontinence, urge stress

    9)Urinary Urgency

    10) HypermobilityUrethral-Bladder dropped behind pelvic floor

    11) Nocturia-over active bladder

    12)Symp Associated w/femaleGenital organs

    13) Chronic pain syndrome

    14) Radiculopathy-Bacteria Infection

    15) Vaginitis Bacterial

    16) Prolapse Vaginal wall Cystocele-dropped bladder movesto the back wall of the Vagina

    17) Prolapse Vaginal Wall Rectocele

    18) Depession already had-increased medication

    19) Pain Management

    20) Not to mention having urodynamics test/Cystoscopy-100% incontinence

    21) Pain with sex bleeding

    So even though numbers have been given for having certain things it does not include injuries sustained by these products. Let’s all not loose faith after seeing what jurors have awarded woman and we all have the documentation to support and and continued medical care we just maybe surprised! God bless everyone of us woman, I’m only 53 years old.

    • Jane Akre says:

      Please check out a special needs trust with your law firm…… they should do that pro bono in my opinion, but what do I know?

    • Anonymous says:

      Hi, u mentioned something in your comments about Medicare. R u referring that the medical expenses and surgeries amounts shave to be paid back?

      • msm says:

        Yes. It is called “subrogation”. Under federal law, Medicare/Medicaid must be reimbursed before any money goes to the client.

      • Sandra says:

        Yes I am! So does this mean all recipients who have been subjected to this all ready are starting off with LIENS and our responsibility is to pay all back?? I don’t think that’s a fair deal especially insurance companies have to approve of these procedures!! So correct me please if Im wrong: The Lien consultment will have to request everything from the time we had this device inserted, then go through 8-9 years of our care for something we did not ask for?? Does this include continuous care, any testing, revisions, medications, the hospitals, Drs.???

        • msm says:

          There is a firm hired to negotiate the reimbursement of Medicare/Medicaid. Garretson Resolution Group is working with one of the AMS settlements. They handle the resolution process and analyze all reimbursement claims. They will “weed out” what is not related to the treatment of the injury. Through this process, Medicare will issue a final payment demand for only the items found to be related to the injury. The money is paid from the attorney’s office and not by the client. However, it does reduce the amount the client receives. The least amount allowable by law will be reimbursed.

          • msm says:

            I’m wondering if Medicare will ask for reimbursement of the payments for the original implant surgery. Wouldn’t THAT be a kick in the teeth! Medicare approved that surgery. That surgery is not counted as a qualifying surgery for the mesh victim. Medicare should have to go after the manufacturer directly for that reimbursement. Just my opinion…

          • Sandra says:

            I so agree MSM! So the FDA government who faulty did not do their home work is benefitting and getting rembursed for a product that was allowed on the market with out proper testing!! I wish there was something we could all do to make woman/men aware of just how we have been effected even though it was published the FDA gave AMS 90 days to come up with a plan assuming taking ALL PRODUCTS away~

      • Yes Medicare and Medicaid have placed liens and now they have to be paid back for charges for surgery doctor visits medication,

  10. Deb says:

    Hal Lewis do you know if any of the other company’s are willing to settle and if so saying one was Johnson and Johnson would the numbers differ and be a lot more in settlements as they are a much bigger company I know this isn’t fair to say and sorry for asking to those with AMS.

  11. Jane R says:

    Tier 1 – That won’t even cover copays. Treatment last year was $5K out of my pocket.

    And I didn’t have all I was supposed to get.

    • anonymous says:

      I can’t even have physical therapy because I can’t afford it. These settlements won’t even begin to cover the cost of surgery. AMS IS crazy!

  12. Brenda says:

    What about our husband’s/partners? Do these numbers include what they get for their loss also?

  13. They are hopeing that all that involved just die( Fact ) The only ones to get paid will be the lawyers and a few doctors.( fact ) What a cure for all this Shit.And this from the ” Best Country in the World” my ASS

  14. Julie says:

    Can anyone explain what is considered a revision surgery. I have had two surgeries where the doctor clipped a vaginal stich. Is that considered a revision?

  15. sue says:

    I had 2 biologic implants. one in 2004 and one in 2005. Now have severe nerve damage and pain. Will need a spinal implant. what of biologic implants

  16. msm says:

    So which firm(s) is involved in this settlement?

  17. angela says:

    What if you have two manufacturers involved? How does that work? I have a partially remaining tot sling and vaginal mesh. Can someone shed some light on this for me

  18. hello..im glad people are getting the attention they need as you all know…ive been fighting and screaming without anything good..well two weeks ago i wrote a letter to the surgeon who did my mesh…and well one step closer..i did get a response..a written letter to go to pain management..wheewww. thank god ill be able to at least have something to rid the agony ive dealt with for almost 4 years now…i almost gave up..the worst pain has been the last two months..never give up…i took this into my own hands and was worth every word i said..

  19. Joan Gwyn says:

    I am writing on reguard to my mother, who has suffered the quality of her life is at ground 0, I wonder if it would help to get the Atorney General involved, I am afraid that my mother will not live to see justice prevailed.

    • anonymous says:

      Good question Joan do we go over our attorneys heads to get a fair and justified settlement? no one ever told me about having to hold back money after the settlement was done nobody told me about all the court costs and 5% for this or that. who are the people making all the money it sure the hell isn’t a victim the one that’s been bleeding on the operating table laying in pain day in and day out in their bed screaming for help. do we go to the attorney general’s who do we go to I don’t care how many pain medications I have to take I’m willing to go wherever I have to go to get this done.

      • Sandra says:

        If you are in an MDL there is no court cost!! The Special Master will get 2%-7% lot cheaper then $300,000 for court cost, jury fees, Judge fees and any other hidden cost!!

  20. Joan Gwyn says:

    If I knew where they were holding the hearing’s, I would love to go.I understand that a lady from Toccoa Ga. Got a huge settlement. That is the same place where my precious mother received her death sentence, I am so angry

    Please let me know what to do.where to go.My mother is knocking on deaths door

    • Jane Akre says:

      Just FYI- the lady from Toccoa GA has not seen a dime… her case is on appeal is my understanding. That is the standard mode of operation. At least a settlement puts dollars in your hand … fewer yes, but sooner, yes.

      • Toni B. (SC) says:

        My lawsuit says Toni B. Vs. Johnson and johnson DBA ethicon and was filed in NJ federal court. Does that mean I have an individual lawsuit and that I will perhaps fair better than a class action? It has been filed for almost 3 years. Is there a statute of limitations on these cases? Meaning that it Has to be settled or go to trial within a certain time frame?

  21. Wendy Palendat says:

    The pain and suffering has become a secondary position in my life. I have lost everything and the frustration of trying to at least have a home to live in and the frustration of trying to prove that I can’t work, even with the documentation that I have provided isn’t enough for them. I can not get disability or housing, the pain and the quality of my life is gone. I’ve made plans to end my life but got help, 6 weeks of hospitalization for mental health. Now my family know that I wanted to end my life because of this god damn mesh poking into nerves, now I want to end my life because I’m homeless and have used my savings that I saved for retirement. I worked hard, single mom, 2 part time jobs and a full time job. Did crafts and rented tables to sell my crafts. Took on line University courses so I could better my life and my son. Now I have nothing and I still feel like I can not handle the pain inside that makes my life a living hell.

  22. Rick Laminack says:

    I notice in some of the comments, people express concerns about the expenses that comes out of a clients settlement. I understand this. Your readers might be interested in the following:

    It is true that each individual case does not get the attention at the settlement table one would get in the typical stand alone personal injury case. That is an unforunate fact anytime the system is forced to deal with tens of thousands of cases. However, there is a flip side. Our firm has spent several million dollars developing and building the case against the makers of mesh. A number of others have done the same. In order to properly do what was necessary to hold the manufacturers responsible, it took this kind of effort and expenditure (we are talking about fighting huge multi-national well defended corporations.

    As a stand alone individual case, no settlement or jury verdict would come any where near enough to cover those costs. By being part of such a large group, these expense are shared and typically are a very minute % of any settlement. So there is a benefit to being one of many. It is the only way an individual or her lawyer can take on such a battle.

    ~Rick Laminack

    • Hal Lewis says:

      Rick,

      I have been trying to explain this and other settlement benefits on this website for some time now:

      http://meshmedicaldevicenewsdesk.com/the-difference-between-hope-and-despair-same-facts-different-way-of-telling-a-story

      Hopefully the reality of the situation and the benefits of the settlement are sinking in.

      – Hal

    • Ronald James says:

      So if one law firm is doing the brunt of the work, then why pay scavenger lawyers 40% off the top? Victims shouldn’t pay for lawyers, the criminal should. Let the law firms attach the corporations accounts for payment.

      • Hal Lewis says:

        It isn’t one law firm. It is a large group of very large and qualified law firms. That’s what’s called the “Plaintiff’s Steering Committee and Lead Counsel and Liaison Counsel.” Here is a list of who it is for the Bard MDL:

        http://www.wvsd.uscourts.gov/MDL/2187/pdfs/2187Steering%20Committee,%20Lead%20and%20Liaison%20Counsel.pdf

        They are doing a great deal of VERY good work on behalf of every mesh victim. And YES, they will get a fee from EVERY case in the MDL.

        But as someone pointed out… that fee will come out of your lawyer’s portion of the settlement,… NOT yours.

        And to answer your question: “Why pay my lawyer anything if he or she didn’t do any work?”… the answer is because it is NOT your lawyer’s fault that he or she was not selected to be on the Plaintiff’s Steering Committee. Your lawyer would have made a TON more money if he or she HAD been on that committee.

        And if you had fired your lawyer and hired one of the firms on that committee? Then you would be in EXACTLY the same position because you would have had to pay those law firms the EXACT same fee you are paying your own lawyer.

        So you will come out the same in the end regardless of whether your lawyer was on the committee or not. It is your lawyer who is “losing out” by not being on the committee because he or she has to share part of their fee with the committee.

    • Sunshine says:

      Rick-

      As a victim in this lawsuit, I just want to say thanks for all of your hard work! I understnad where people are coming from, it is frustrating to have such a huge “chunk” come out of the settlement but you are correct…. Without your hard work it would NOT be possible. My only hang up through this whole process has been having NO idea of when $$ will be received. Although I know it is almost immpossible to anticipate when the 90% will be obtained. Emails with updates would be nice on say a bi-weekly basis. “Hey we are up to 60%, we are hoping in the next 6 weeks to have the remainder. Once that happens you can expect your money in this time frame…” or something such as that. Setting up a “group/mass” emailing isn’t that difficult anymore.

      Anyway, thanks for all of your work.

      • Jane Akre says:

        By comparison, his settlement was much more than others coming down the pike.

      • msm says:

        Living like a “mushroom” isn’t healthy for anyone.

        I agree that communication is needed. I am speaking of CURRENT emails and not ones that mention meetings that “will be held” two months ago. Even though that meeting is long past, there is still no mention of the outcome. The status of a case shouldn’t be kept from a client. Even if it is to say that negotiations continue would be acceptable as long as there are estimates of time included.

        When are the “talks” likely to end? When an agreement is reached, how long is it likely to take before a client is notified of the outcome for their case? (not in general as if it were a class action). If tiers are used, what tier does the client most likely fall into or between? How long after that notification will a client have to evaluate and agree to the settlement?

        If the client accepts the offer, how long before they might expect to receive any funds? How does it usually work? Does it all come at once (after all deductions)? Or is some held back for a period of time in case an unexpected reimbursement of insurance comes up? How long will that be held? What if there is no settlement? What happens to the case? Will it take years to try? What options are there?

        Many of these questions could and should be answered according to standards and customary procedures. There should be mention of some of the numerous possibilities for changes, delays, etc. Clients shouldn’t have to be wading through court orders on the Federal Court website to try to extract information.

        Attorneys can’t expect clients, who have been waiting several years, to sit back and “trust that it will all work out someday”. Cases filed less than a year ago are closing, as are some that are 1 to 2 years old. Meanwhile, the “long timers” continue to see their lives fall apart and the debt collectors keep knocking at the door. As the year pass, there’s bound to be some anxiety over longevity. Will they be alive to see the conclusion of their case?

        If attorneys would put themselves in the clients’ place, lines of communication would be more open. Those who are directly involved in the talks and court proceedings may not be able to communicate with every client, but they have enough assistants who can keep clients informed provided the assistant is informed by the attorney.

        All bases can’t be covered. No one has a crystal ball. But all of the secrecy between attorneys and clients isn’t good for anyone and leads to distrust and resentment.

        DISCLAIMER:

        I am not referring to all attorneys and firms….just the majority. (that might not be fair to say, but it felt too good not to)

  23. Diane Elliott says:

    Someone mentioned medicare, if medicare, a supplemental insurance paid for my removal surgery? Does that mean I would receive $ 0.? Or would I repay them the amount they paid for the procedures? Which is much less than if I paid out of pocket!

    • Kitty says:

      RE: MEDICARE———————–What is the reason you would not get a dime if your were on Medicare. You worked all your life and paid into Medicare and social security.. You pay >$100.00 per month for straight (T18) Medicare and then another $200 or so for your supplemental insurance. Medicare pays about only a fraction of your surgical bill—say for example your bill is $40,000.00—Medicare pays about $3,000.00 My thought would be that one would pay back what Memdicare paid the Dr./and or hospital.

    • Nani says:

      Diane Elliott – Usually, Medicare/Medicaid will submit an itemized list of charges they claim are related to settlement proceeds. Your attorney will usually verify that these charges are – and in some cases, they are completely unrelated. If there are unrelated charges, the lien amount could be reduced.

      It’s frustrating for plaintiffs, especially because the insurance really isn’t free. These insurances get reimbursed because they are “public” insurance. If Medicare isn’t paid back, the penalties can be steep for the plaintiff and her attorney. If you have more questions, you should ask your attorney about the exact process. It can be a bit complicated sometimes…

      • Jane Akre says:

        Let’s discuss Special Needs Trusts….. that should be part of the information women are provided as part of the settlement in my opinion….

        • Toni B. (SC) says:

          I agree. I am not sure what special trusts means. I have had to get figures together on the total costs for my procedures, what insurance PAID, what I’ve paid and so so forth. My catheters a month without insurance is almost 1000.00. So far I have had close to a million dollars charged for my treatment only related to the mesh. I’ve been denied ssdi so no medicare, and I can’t work and will lose medicaid when my child turns 18 in 23 months. I don’t qualify for obamacare because I don’t work. I’m not sure how I will survive without catheters once I don’t have insurance at all. I guess I will end up dying from sepsis unless this lawsuit is settled before then. What a life to have for a 35 year old.

        • Bejah says:

          Here, here..thanks Jane. I am sure most of us need an eduation in this. We are or should be equally concerned about all of our population, those who are financially secure, those in the middle somewhere (in recent years the middle class is of course sinking and altering in nature) and those near the lowest point and that would include, and I see many in this position where I now live, mostly women, living only on Social Security and food stamps. It is said that a fleet of ships can only travel as fast as its slowest ship but staying together is critical to the success of the mission and the slowest ship may carry cargo of great value…similarly we need to watch out for our people who are the most fragile. I noticed on another page a woman speak of considering suicide. We know now from the literature that if someone speaks of taking their own life we should always take them seriously and reach out to them in some way. I did not feel qualified to reach out to her but worried that the effect on her if no one did could be terrible. Perhaps we can decide on a suicide prevention hotline that is staffed by qualified professionals and reach out to people who are losing their battle and give them this contact. Often they can not do it themselves but if someone cares enough to respond with the information that can make a big difference. In this case it sounds like despite her family knowing she is again resolved to end her life. My personal position is that if that is her choice we must respect it BUT let us be there with her in some way.

          I look forward to reading about the special needs Trust so that I can share it with others as needed and pray that I never need it myself. I have been told that depending on ones assets a Blind Trust is advisable. Should we advise our people of that as well?

          I would also like to say in response to those who say unkind things about lawyers that it is unfair and unprofessional to do so. Even if it is sometimes or often true (and it is) what is the value in such a diatribe. FYI My counsel in this horrific matter of petro mesh damage has been exceptionally supportive and fair and I feel very fortunate.

          Thanks again Jane,

          Bejah

  24. Donna says:

    I missed the post with the tiers listed and now it appears they have revised it so it doesn’t show. Where can I see these and the settlements that are being discussed. Of course I didn’t check yesterday for an update and there was one.

    Thanks

    Donna

    • Jane Akre says:

      Donna, the story was revised because it was thought not to be of benefit to the public good. I’m still considering making more information available upon further consultation. Stand by….it may reappear.

      • Donna says:

        Thank you Jane. That would be great. Of course I thought I would check the site every few days, but I missed it.

  25. msm says:

    I’m curious as to how some firms are settling the lowest two tiers with AMS but not the upper tiers. Those in the upper tiers are most likely to be awaiting a settlement to fund further surgery. It just seems that the priorities are reversed.

    Hal, can you explain this? I’d love to know how this works.

    • Hal Lewis says:

      There are several ways of looking at someone in Tier I — which would be a Plaintiff who has mesh implanted in their body but has never had any problems or symptoms.

      On one hand, settling for something like $50,000 might be a pure windfall for the plaintiff. Many people do actually live their lives symptom-free after mesh has been inserted. Since there will never be another MDL opportunity, these Plaintiffs may see this as a golden opportunity to get a settlement.

      Alternatively, these particular Plaintiffs MAY develop pain and serious problems a few years from now… in which case it’s the manufacturers who will have benefitted for settling that case for only $50,000.

      Nobody knows what the future holds, so nobody knows which is right.

      But because of these differing positions, I can see many reasons why BOTH sides would be perfectly happy to settle as many “Tier I” cases as possible.

      Furthermore… once those are out of the way… THEN we can get a much better idea of how many “upper tier” claims exist so that we can do the math a little better. In other words, right now I have NO IDEA how many of the 19,700 cases against Endo/AMS are “Tier I” cases that can be resolved for $50,000.

      If the answer turns out to be 15,000… then we know that $750 million was spent to settle those cases…. so we can figure out how much is left to settle the other 4,700 serious cases.

      You have to start somewhere. That’s Tier l.

      • msm says:

        Thanks, Hal. I guess I assumed they would have figured that out by now. Things aren’t always as clear as they seem…..

      • anonymous says:

        Hal, Why can’t the good ‘ol Government come in and assist these companies with a bailout..just like the banks a few years ago? Just curious

      • mesh says:

        I thought tier 5 is the max which is 500.000 is this true and if so what is tier 4 , 3, 2

        • Bejah says:

          Where did you get this information? Can someone please post these tiers and provide some context (I know it has been mentioned before somewhere). Thanks,

          • Jane Akre says:

            I have the agreement but was asked NOT to post the tiers because they may discourage other companies from coming forward. Hard to believe but AMS is seen as the best company for coming forward with settlement dollars. It was an ethical dilemma because the information is/was out there but I do not want to do anything that might hurt the public.

  26. Shirley says:

    Does anyone know if any of these “692” people who received settlement letters from AMS, and agreed to the settlement, have actually received any money? Also, how do some end up with settlement offers, and others are on the MDL. or is it the same?

    Shirley

    • Jane Akre says:

      What has to happen is 90% must agree before any payout. That hasn’t happened yet. Letters just went out is my understanding.

      • Bejah says:

        Dear People, I read through this page last night and then went to bed and had nightmares all night….I remember that I had my old pale yellow VW bug (which I loved of course) and I was financially destitute I guess because representatives of the bureaucracy kept popping up in my dream, distorted, harrassing and it was rather like Mr. Toad’s WIld Ride. I think I will read in the morning from now on unless it is happy news!

        Anyway I have been thinking about this, this morning and would share my thoughts with you all. OK, so we know they had a second “settlement conference” which was no doubt really a stratefy meeting. The goal is to part with as little money as possible. No doubt they feel that the plantiffs are rather unsophisticated women who are desperate for money therefore they will accept anything offered to them. The defendants would then decide on a magic number and dangle a settlement offer sent via USPS and it would be very tempting for people to take it and run. DO NOT DO IT. I have no right to advise you but look at the probably big picture. They are not going to offer what you deserve, if for nothing else, for the deception and worry. And as stated elsewhere we do not know the long term effect of this material on the human body. They want 90% to accept so they carefully crafted the offer made to you. They do not care about you, They have no interest in fairness. If you accept you can never bring an action against them again in this matter and they may expand this. If you refuse my guess is they have another number in their back pocket. I wish all those who received these letters could get together somehow…skype….and disucss it. Also, all of the other defendants will be watching this to see what happens. They probably selected AMS to got first for some reason I am unaware of. If they have the second highest number of victims after JNJ could that be deliberate? We know JNJ is cheap. They are not even buying their shareholders lunch. I wish we knew who the catering company is. We could learn something from them. Any offer to this group under $1M is unacceptable to my mind regardless of the tier. I do not believe the corporation cannot afford the appropriate compensation. Please think about this very carefully. This is not a windfall about which we can be very excited. This is not, with all due respect people, the county fair. Be calm, be smart, and think this through. Remember also that whatever that magic number is the check you will finally receive will probably be less than half of that. Get out your calculator and a legal pad and work the numbers. Do one sheet for a probably life expectancy of 85 for women and a little less for men. List expenses, probably medical costs, everything then divide the magic check amt. over those years. Do a second sheet listing the costs you have incurred to date because of this and whatever else is relevant then think about these worksheets before you make any decision. Sleep on it. I believe we are all praying you make good decisions. Remember you always have the right to a trial. You are going to probably have to wait in either case.

        Bejah

    • Sunshine says:

      It was decided in December. Letters should have all been out by January or February. I do not believe any money has been sent out yet, they are waiting to get 90% of those people to agree to the CONFIDENTIAL settlement amount

  27. Ann says:

    My last revision was Dec. 17 because the doctor had a death in his family and it was delayed. Does that change my claim from three revisions to just 2 revisions because of the delay? Is the revisions date written in stone with no grace period?

    • Nani says:

      Ann – You should notify your attorney as soon as possible (if you haven’t already) about the new surgery. If they have records proving the surgery, they might be able to bring it to the Special Master’s attention.

  28. Toni B. (SC) says:

    My lawsuit says Toni B. Vs. Johnson and johnson and was filed in NJ federal court. Does that mean I have an individual lawsuit and that I will perhaps fair better than a class action?

    • Bejah says:

      Toni, I am confused. I am just learning but I think class action is not something I would want. I expect that you are probably part of the MDL (Multi District Litigation) or perhaps something else. Is there a class action suit related to this issue? I did not know.

      Bejah

  29. Jane R says:

    Tier one should start at Tier two. At least. You are not just talking medical expenses. And tier 1 won’t even cover my copays for very long. You are talking about loosing income, your home, your life savings, your retirement. I sold all my family’s antiques and collectibles to keep a roof over my head. Nothing of great value 100. here 10 there. But they were important to me. And then fighting for SSDI and no doctor wants to touch this with a 10 foot pole. I have 5 doctors tell me we aren’t getting involved in this. My heart cries for Wendy. There are so many in the same situation. Shame on the manufacturers, shame on the FDA and Shame on our government for letting this happen to it’s people.

  30. keri says:

    As a women and someone that has a long litigation Hal, that is the most ridicules statement I have ever heard.Signing up uninjured woem with mesh and achieving a 50k settlement puts loads of money not only in your pocket, but in the uninjured as well and TAKES AWAY MONEY FROM THE TRULY INJURED MESH WOMEN. who are you kidding. You signed up all those unijured women to line your own pockets. Shame on you!

    • anonymous says:

      What kills me is you get money for just having mesh in your body. Even if you have had no issues and maybe never will. Now don’t get me wrong I believe they may some day have issues. But what if they dont? Now yh as t is money out of my settlement. They get money just for showing up. I know someone who did this. She had mesh, no issues and is laughing all the way. She said she will just make medicare pay for the removal. Wow I hope these people can sleep at night knowing they are taking money from truly hurt people. Shame on you.but I know God is watching.

      • msm says:

        That’s what those TV commercials are all about. To make matters worse, 30-40% of those “Tier 1” settlements will go to the recruiting attorney. How much time is spent building a case in which the only proof needed is a surgical note saying that mesh was used. Something just does not seem right with the whole recruitment of clients. The uninjured should be the ones getting the leftovers. The priority should be for those suffering the most right now. Endo/AMS pockets are only so deep….

        • Jane Akre says:

          I believe the portion that goes to the attorneys must be divided between them… it doesn’t increase the amount you pay…. it is still 33.3 percent or 40 percent, whatever you negotiated… Anyone have more info on that?

          • Hal Lewis says:

            You are correct, of course.

            The fees are split. The client comes out the same regardless of how many firms are sharing their fee.

      • Jane Akre says:

        mesh in your body under medical management means you have some complications… they could be very bad, but she doesn’t have money for surgery….

    • Jane Akre says:

      Keri- Do you realize a law firm is a business, like any other? We may not like it, but that is a fact. Please practice civility on these pages!

      • Hal Lewis says:

        And Keri…

        SHAME ON YOU for accusing my firm of something we would never do!

        Every single one of our mesh clients fall into Tier 4 at least… and most are in Tier 5. They are all seriously injured and we are working hard to make sure they receive justice.

        Having said that… there are definitely law firms that are out there doing what you accuse me of… but I have no idea what led you to believe that my firm would do this.

    • Bejah says:

      Keri, Let’s not be too harsh. I am not sure what is going on here but I think Hal said that the tier 1 people show no symptoms now evidently but may in the future and that is very true. The prospect of the long term effects terrify most of us I expect unless we were fortunate enough to be able to have it removed but even then the fear remains to some degree. Hal did not create the tier system, he was I think simply trying to explain it for our benefit. Since in what is left of this democracy we are supposed to be innocent until proven guilty let us hold our tounges unless we have something constructive to say. This was a scathing comment and I am embarrassed for you. We must not let negativity divide us.

      Bejah

  31. Joyce says:

    If these companies are now going to do an about face and turn tail, offer small settlements that they know will in no way cover our medical expenses especially after paying lawyer fees, paying back Medicaid, social security, bank loans, personal loans, credit cards, etc, that we have had to use just to have our medical needs taken care of so far…why can’t the cost of the lawyers fees be lowered?

    Most of us have had to to our own leg work in gathering and submitting medical records, receipts, copies, letters from doctors, etc. We do a lot of the work also, but we don’t get paid for our time. Not to mention the time involved in filling out all necessary papers for the court that now appear to be unnecessary. Doesn’t it seen fair we should get a return from the court on our time?

    We have been told we can’t sue the doctor for malpractice, we can’t sue for pain and suffering, most can’t sue now because too much time has past.

    Should we all just pack a few clothes and show up on their doorsteps and say…we need a room?

    • Bejah says:

      Joyce, I think you can bring an action against the doctor and the hospital. It is my understanding that this is happening increasingly now. It is my intention to file against the surgeon and medical center responsible for my implantation.

      BTW******Warning fellow victims…watch out for mail from the hospital where you had your implantation done asking you to participate in a study and asking a lot of questions. Do not reply. Send it to your attorney if you receive such a mailing.

      Take care all,

      Bejah

  32. Donna says:

    I missed the posting before it was amended. How are the tiers broken up? 1 surgery, 2 surgery???

  33. Teresa R. Jones says:

    Perspective

    There is enough money. My manufacturer identified the market as 10 Billion dollars per year in the US and 26 Billion in the world market for pelvic mesh surgical market. I have been implanted for 11 years and known just over two years I was implanted and watch my health decline and the US market took in 110 Billion dollars. I cannot have it removed too high risk. There is no too high risk tier. HMMMMM.

    Manufacturers, doctors and the United States FDA are all responsible and a Special Master with a firm hand could cause a better settlement. Every woman implanted are top tiers because in time everyone has erosion and will need multiple surgeries.

    So, each woman should get immediate Medicare and Medicaid, no matter the age, immediate SSI or Social Security disability and the Medicaid and Medicare should not be paid out of settlements as punishment for FDA’s role. If disability lawyers for social security and VA on get 25% MDL attorneys need to take pause here and reduce their fees. We are the Mothers and Grandmothers of America and we are mutilated. I pray each night, Lord don’t let mesh migrate and cut through my colon, I ask the Lord to let me wake up each day. I cry when I am alone. I cannot lift my grandson who is one without peeing myself. This was done to me…to us…I will never make love to my husband of thirty years again.

    Not one implanted woman can make love to her husband and not risk him being lacerated. What the hell is the system thinking? This is a national disaster and the damn sea gulls got a quicker response from BP that we are getting. I was implanted by the inventor who owned the device with the CEO of the manufacturing company and the VP of research and development. One doctor who said I was too high risk to help owned a boat with the manufacturing sales rep. All the inventors, investors, stockholders and doctors should have their wallets on the line. They created a torture device.

    The ethics in all of this are cesspool ethics. I am so mad. I am writing this 11 years to the night that I was hospitalized in ICU from the implant and nobody knew it was in my body and could not figure out where the infection was that made my white count so deadly. I deserve better, we deserve better and there has to be a force of law to make the entire spectrum of parties take care of us. Explaining why the current MDL system is what we are stuck with and have to accept is unacceptable. This is not going away. Jane I hope you can find a special master to interview that might shed light on how we fight for us. Because we are all so very angry and this is just hell. The judge and the lawyers need to think what is a settlement a reasonable settlement for putting us in hell and there are no tiers to hell it is just hell.

    • Jane Akre says:

      You express the reality of the situation so well.. yes, seagulls got better attention…

    • Bejah says:

      We love you Teresa.

      BTW according to Dante there are tiers in HELL. I wonder which souls are at the bottom. I was wondering this morning if the JNJ executives go to church on Sunday, or Synagoge on Saturday. I wonder if they believe in a power greater than themselves. I wonder if they know that as they sit quietly in church, GOD by whatever name we call him, knows what is truly in his heart, if anyting is. I imagine after church they might go to a fine restaurant for brunch and then perhaps play a round of golf never realizing that they day would come when they would be called to atone for what they have done to humanity. I expect their lives are rather automated and empty really thus their incessant drive to amass ever increasing assets and capital as if that would fill the emptiness within. A narcissistic organization is incapable of feeling others pain, of feeling empathy, of caring about others or the world. In a way they are less human and it is said it is impossible to reach them.

      Bejah

  34. stopmeshimplants says:

    Theresa,

    Your comments are spot on. I share your thoughts and hope some day this anger will go away but I doubt it will. It is ludicrous to think that those of us with this mesh in us for over ten years have no idea what is coming and no one seems to care. The severity of our damages and life altering experiences is unbelievable and our governement, the legal system and the general public don’t get it. Now I am infuriated with the people who are poking fun at all of the transvaginal mesh commercials with lawyers recruiting clients. Seems comediens and others are having a great laugh at our expense. No one will ever truly understand the devastation this minor surgery has caused for thousands. Makes me so sad every single day of my life. And you are correct with saying it is hell. There is no way out of this hell.

    • Jane Akre says:

      Yes, as if commercials for devastating injuries are funny. It goes to the residual hate/ resentment people have for lawyers… and some of it is deserved, truly. But some of it results from the tort reform movement ( corporations who are behind it) generating hate for the very people who represent you against asbestos, tobacco, mesh. If you are in a jam and the legal system is your option, who else will you call? Will you try and litigate yourself? Could happen, but you know the old adage about the person representing themself has a fool for a client. I’ve seen it happen first hand.

    • Joan Gwyn says:

      I wish I could post pictures of my mother, and you could have an upclose look at what they are suffering, she has a hospital bed with a trapeze, a super pubic catheter, she has cronic infection. She is in adult diapers, and I have to go online to try to find the cheapest medical supplies, her bed is her prison. Oh but she can do one thing for herself, she can feed herself. But she can not stand or cook or go out to church. Thankfully because she was involved in her church, and taught Sunday school, she has support from her Sunday school and pastors, it makes me very angry that the manufacturer’s are able to carry on and they can go on vacation’s they can live life to the fullest and so many people are in constant pain and suffering and spending every dime on diapers. I found them on amazon for cheap. Please pray that God will intervene. And that my mom will be compensated before she dies.Justice must prevail soon.

  35. Richard Howden aka All Meshed Up says:

    I again say that no matter how you look at it or try to shove into a nice pretty box with a bow, these MDL’s are set up to get as many Mesh Victims through Court as quickly as possible thereby clearing the docket and the Lawyers, Courts and Manufacturers can all claim that justice was done.

    The Courts can say that they punished the Manufacturers and got just compensation for the Victims even though the Manufacturer goes on making/distributing/marketing the same mesh that injured all the people in the MDL!

    The Lawyers can go out and advertise that they got $840,000,000( put your settlement amount here ) for their clients as they advertise for the NEXT MDL that never mentions that $840,000.00 netted about $20,000 for each Mesh Victim.

    And the Manufacturers can go back to making that same Mesh Product that screwed your life up, have another amazingly profitable quarter and say that they have done “good” by the Victims of their Mesh.

    I realize that the Lawyers have time and money involved in getting an MDL into Court. But Hal, HOW MUCH PROFIT ARE YOU GOING TO MAKE ON THE NEXT SETTLEMENT? Will you tell us that? I mean we are bantering about sums of money the Mesh Victim is awarded and it seems that the Government is in the know as is the Insurance Companies etc, all waiting to get their fingers in the pie! But the Mesh Victim usually cannot find out a damn thing about what is happening with the proceeding nor do they have any input during it. The Mesh Victim is the last one in line for the money, we are the ones that are supposed to be helped by it but we are the ones left in the dark about 90% of it!

    The Victim gets $20,000/$40,000/$60,000 but walks out of Court with a lifetime of of Mesh pain/surgeries etc to look forward to and the money they have waited YEARS to get will do little to help. You say that this is a Victims only chance to get some compensation but when you are handed a load of crap wrapped up in a bow, it is still a load of crap. Please correct me if I am wrong but the way the Lawyers handle this is to sign Mesh Victims with a promising set of damages etc. and that Lawyer gets a finders fee ( $2K-$5K) and then the “Big” firm gets 40% off the top of the settlement? That is before any subjugation by the Government or Insurance that the Mesh Victim may or may not know about until the check comes? The Victim of Mesh is represented to the Court through his medical records which most likely do not have the full extent of what the Mesh Victim is going through. And why is it that the loss of livlihood, loss of sex life, loss of home, Family and Friends BECAUSE they were implanted ( whether they knew it was coming or not ) with a Medical Device that is inherently dangerous and that ruined their lives? The Victim gets a paltry sum that will do them very little to help them into the future but you, Hal, say this is the best we can get and we better be happy with it?

    Again, Hal, How much will you be making on the MDL?

    • Hal Lewis says:

      Richard:

      I make ZERO from the MDL because my firm is not on the steering committee, etc.:

      http://www.wvsd.uscourts.gov/MDL/2187/pdfs/2187Steering%20Committee,%20Lead%20and%20Liaison%20Counsel.pdf

      Yes, my firm will make money in fees if there is an eventual settlement… but it will be about 10% of what we would make if we were allowed to go try these cases in court. So NO, I am not happy about a settlement that screws victims and the lawyers who are ready to fight for them.

      But… I can’t change the math. I can’t make these manufacturers have more money in their coffers. I can’t guarantee my clients that they won’t end up with ZERO if they reject the settlement and then bankruptcy ensues.

      • anonymous says:

        Hal you keep referring to bankruptcy do you know something or have you heard something the rest of us haven’t heard? why would they pay all these claims and then file bankruptcy? I would think they would have done that in the beginning rather than pay anyone.

      • Shirley says:

        Mr. Lewis,

        What is the difference between people who have received a settlement offer from AMS and those that are included in the MDL? Also, are the settlements that are offered and accepted being paid, or is the 90% rule apply? How and when is that rule completed and/or determined? Confusing stuff…

      • unmeshme says:

        What is to be expected at the June 2nd conference, such as the Bard cases that are ready for trial and the bellwether cases scheduled for Ethicon, etc?

        • Jane Akre says:

          I believe the judge will once again, urge them to reach some settlement. The court cannot handle the 75k caseload.

  36. Kitty says:

    IF the premse is MESH IS LEECHING CHEMICALs AND CAUSES AUTOIMMUNE ——-then all folks with mesh are injured —period “just saying”

    • David says:

      You are right kitty – the significance was and will always remains on the risk,* as patients were purported to have had the legal right to balance efficaciously viable benefit alternatives** (without the understood or unknown, unwarranted device and accompanying immediate and life-long surgical risks). Fundamentally, the crime is that the manufacturer’s premeditated intent was to knowingly use a physician (the “learned intermediary”) to undermine a patient’s human and constitutional rights. (One must assume that a patient’s acceptance of “reasonable risk” was logically, with the understanding, that, that risk was demographically responsible for the severity of their own condition.) Regardless of individual patient need, the industry indoctrinated (regressively trained) surgeon co-perpetrator inflicts the industry’s best practice upon unsuspecting patients – when a patient is not legally informed of the illegitimacy of that regressively surgeon training need (to be unable to ethically offer responsible benefit alternatives, to a surgeon’s statistically predicable abusive infliction of unreasonable risk).

      * The risk subjected to every patient from very foreseeable, non-inert PP mesh product failures and the reality that PP mesh is not fit for its intended use across indications as currently labeled and indiscriminately surgeon abused in clinical practice…with base materials also being unfit for human implantation, unless carrying a hazard warning (via black box warning)…to mitigate that unreasonable risk, also, via legally informed patient consent.

      **Alternative benefits which may not be able to be competently performed by a surgeon because surgeon competence was restricted by an industry’s active, social control: to regressively “mold”/train the surgeon co-perpetrator – left to then abusively act out the standard of care (aka: their own best practice), upon protection from medical malpractice liability. The social collective instigates the crime, as the surgeon infliction of the standard of care systematically carries out its crimes. This, I believe, is to maximize the profit opportunity that an industry (via its “societal mob”) exploited in the human body.

  37. msm says:

    Some settlements (not all) may allow the “not yet injured” to come back at a later date and hold the company liable for further injuries should they occur. However, the amount they receive initially is relatively small. There’s always the chance that the company will be bankrupt be the time the injury comes to light. There’s also the chance that the case would then have to go to trial if the defendants dispute the causation of the condition or treatment in question. If I’m not mistaken, many settlements do not consider the “not yet injured” at all. It’s a “better than nothing” situation. They will have the option to file suit against the company at a later date. The “already injured” will not have that opportunity. However, the settlement is usually much larger initially. Insurance (if they have it) will continue to cover any future treatment.

    As has been said many times, it is not “fair” but it is reality. Most will settle so they can move forward with treatment and try to learn to live with the “new normal” (horrible prospect). The reality is that if they don’t, it will be years before the case is tried (if they still have an attorney), more years of appeals if the verdict is favorable, and the risk of insolvency of the company. Not fair but true….

  38. ANN says:

    Hal are the lawyers you indicated in the steering committee for BARD the same for J&J? I was also, interested in someone answering Toni’s question, since, her question pertains to me as well.

  39. TLP says:

    I have ams. Several surgeries, several autoimmune disorders.Still have mesh inside me.. Does the future surgeries get allowed?? I have no money to go to St. Louis.. Not working and loosing everything, Just like all these woman & men involved. We want it to be over…. Does all the lawyers know about this NEW settlement. I talked to my attorney yesterday, He never mentioned it. He is from Texas..Is this only 600 mesh victims ? Or all 19,000 + If we are included When will we be notified ? Does the spouses get anything ?? Thanks ~

    • Hal Lewis says:

      They are doing the whole 19,000 by groups at a time.

      That’s the only way they can determine whether or not there is a “critical mass” to settle.

      If none of the large groups can get 90% of their clients to settle… then there is no reason to offer anyone else a settlement since there will be no settlement.

      • Toni B. (SC) says:

        Hal,

        How do you know if you have an individual lawsuit? My paperwork has my name vs. Johnson and Johnson. Does that mean I have an individual lawsuit or would I be considered part of a class action? Thanks!

        • Hal Lewis says:

          Toni:

          Everybody has their own individual lawsuit.

          This is NOT a class action where one plaintiff represents every victim.

          This is a “mass tort” where every victim has their own case… but they are all combined into one big powerful group.

      • anonymous says:

        then it is my understanding these will be sent back to the original attorneys to contact the companies individually correct

    • Sandra says:

      TLP…………..I have recieved my papers to join the MDL case that was also discussed by my attorneys!! No pay will be divided there is a Special Master in place along with a panel of Doctors, based on trials where the plantiffs have been awarded monies they look at these cases individually and our cases are put into diffiferent categories as not everyone has suffered the same.

  40. anonymous says:

    Hal that question was meant for you regarding if there is no settlement in the big groups than the individuals have to go back to their states and their attorneys and have them contact it individually correct

    • Hal Lewis says:

      Yes. If there is no global settlement, then every victim’s attorney will be free to file suit and go forward to trial on their case.

      And as with any case, the attorney could contact the defendant about a possible settlement of that individual case.

      The problem at that point, however, is that the manufacturers would know that the victim in that case is looking at two to three years of VERY expensive litigation.

      So, as we have seen J&J do so far… the manufacturers would probably force the plaintiffs to spend the $300,000 in litigation costs and get all the way to the courthouse steps before offering a dime.

      This is the big advantage to a mass MDL settlement: every plaintiff saves at least $300,000 and three years of litigation and appeals.

      • keri says:

        No matter what , clients are still free to opt out of a settlement if they feel it is unfair and request thier cases be sent back to home court where they originally filed and then ask for a trial date. Ladies you do not have to accept this settlement. They just have to get 90 percent of the clients they have to accept it or they donot get paid.read my response further down.

  41. Donna says:

    Does anyone know what the deadline is for responses for those in this offer? That’s when we will know if they get 90% or not.

  42. TLP says:

    Mr. Lewis,

    We are all broken, I know you think you know what were all going through.

    Daily chores are impossible, Pain is our lives. I Just got married to my second husband before my surgery.

    We never went on a honeymoon. We were putting it off a few years to take the kids. Now we will never be able to go any were.

    Sex, touching is all over. Can you imagine never touching your lovely wife. She hurts too bad for even a shoulder rub.

    I am in my early 40’s now. My kids have suffered horrible. I now have hashimotos , fibro, numerous nodules on my thyroid, Waiting for them to turn cancer, Hypothyroidism, Severe depression, severe pelvic pain, stomach pain , constipation, I could go on and on.

    My point is We are living day to day. Wanting to give up. My kids keep me going. I lost everything except them. Jobs, spouse, health .. I thank you for telling us how it is. We don’t want to hear the bad news anymore. We keep getting stepped on.

    All of us victims want our lives back. Never will happen . We have to keep pushing our bodies daily.

    Ams and all the other companies have failed us… We had faith in the doctors and products.

    We all deserve to walk away with at least 1 MILLION dollars, In our pockets.. Will that happen NO .. We all have to except that.. We have to be at peace with the settlement…. I pray daily. Prayer has helped me through this mess.

    My health is so bad I now have ulcers. Doctor has said No stress.. Very hard to do for anyone…

    I thank you for helping us.. You are are inside man…My attorney won’t say anything.. Years of knowing nothing…We might be hard on you , but were all pissed off…… I know you understand…… Please god !! Hear our prayers. See our daily tears… Let this Be OVER !!! We are not going to get what we want. We have to except that…. Thanks again. Keep praying mesh victims !! AMS SAY YOUR SORRY !!!! I’m off to another doctor apt, ~

  43. keri says:

    It is my opinion that the reason they are settling tiers 1 &2 first is because it is easier to get less injured to agree to settlement. Unlike our blog lawyer said when he stated that that way they will know how much is left for the more injured is ridicules. The motley settlement ( which the blog lawyer was in my opinion refering to ) I am sure has set tiers . Once they get the 90 percent from lower tiers the more injured will then have no choice but to take the offered amount or if they dont thier attorney will refuse to futher represent them and put a lien on thier case for the 40 percent fee, thus discouraging a new lawyer from taking the case because it wont be financially practical As the plaintiff wont get enough to pay two attorneys. Although this isnt stated in your contract ladies, its applied under the law. the settlement annouced here with 600 and so plaintiff is completely seperate from the motley rice settlement for 20, 000 plaintiffs.

    • msm says:

      The Endo/AMS settlement for $830 million was announced on 04/30/2014. This was to settle the “majority” of the nearly 20,000 claims. However, Motley Rice announced on April 30, 2014 that this settlement “will be available to approximately 6,000 women who used AMS’s transvaginal mesh device and will be implemented over the next 12 months.” This must mean that he is referring to only his firm’s clients since 6,000 is less than a third of the cases against AMS.

      There were originally two other major firms listed on the settlement agreement order. Assuming these firms have a similar number of clients and that the Motley Rice announcement refers to 6,000 of his firms clients, then 18,000 or more cases would be involved in this $830 million settlement. Did the $830M actually cover only 6,000 women?

      AMS settled another group of cases for $54.5M in June 2013. The firm involved in that settlement was also located in Houston, Texas.

      http://www.motleyrice.com/news/view/motley-rice-enters-settlement-regarding-tvm-1086

      http://www.motleyrice.com/files/medical-devices/joint_report_filed.pdf

      http://www.motleyrice.com/files/medical-devices/exhibit_a.pdf

      • Jane Akre says:

        AMS has essentially settled all of its claims now and has no cases waiting to be tried….. is my understanding.

        • anonymous says:

          Jane

          I am in AMS victim and I’ve been told that unless I want to be part of this global settlement I have to wait and then present my case individually to get a settlement. it will be awhile before my case is ever settled

          • Jane Akre says:

            My understanding is those most injured may have an individual assessment of their case,,, your attorney should be able to confirm that.

          • Sandra says:

            AMS is NOT almost out of money!!! They just announced a larger settlement and money in reserve!! Unless it’s been a case that’s gone to court THERE HAS BEEN NO MONEY DISBURSED!!! RE: MY ATTORNEYS!

        • keri says:

          Not correct. Many women are opting out of that settlement and thier lawyers are either negotiating seperate agreement for thier clients or they are requesting that thier clients case be sent back to the plaintiff home court and eventually scheduled for trial.

          • msm says:

            Where is this information coming from? With nearly 20,000 clients and 100 firms, it seems it would be difficult to correctly estimate that most women are rejecting the settlement they are offered. A large number have not yet received an offer as it is still being negotiated. Just curious as to your source.

          • Sandra says:

            Keri if that is done then you can add on another 3-5 years and the cost isn’t worth it!! Settleling ou of court in an MDL case means cases are handled more quickly no jury picks, no exams by defense doctors, no exposure to telling your case in court and most court cases are rebuttals meaning even though jurors awards millions the defense isn’t granting the money!!

      • Jane Akre says:

        I almost hate to bring it up, but what about the women down the road who either have just discovered they have a problem or problems that arise years after implantation? AMS is nearly out of monies…. will its parent company (Endo) or its new parent company (BSX?) be liable?

        • anonymous says:

          Why do people keep saying AMS is almost out of money. I’m sure it’s somewhere in their company or their attorneys I figured out that the women in tier 5 are going to cost the most. I’m sure that one of these people have set aside money for people that are in tier 5, even my attorney said he would not let me settle for what they were offering because I was so damaged. it’s hard to sit here and wait and hear that AMS is out of money and they’ll be no money for anyone else who severely hurt and we are the women that need it the most. Jane do you know something that perhaps other people don’t. you have my email Jane please let me know so that I can make wise decisions going forward. to think after all these years of pain and suffering surgeries doctors and more pain that I would walk away with nothing would mean the end of my life.

        • anonymous says:

          Jane why do people keep saying AMS is almost out of money. I’m sure it’s somewhere in their company or their attorneys I figured out that the women in tier 5 are going to cost the most. I’m sure that one of these people have set aside money for people that are in tier 5, even my attorney said he would not let me settle for what they were offering because I was so damaged. it’s hard to sit here and wait and hear that AMS is out of money and they’ll be no money for anyone else who severely hurt and we are the women that need it the most. Jane do you know something that perhaps other people don’t. you have my email Jane please let me know so that I can make wise decisions going forward. to think after all these years of pain and suffering surgeries doctors and more pain that I would walk away with nothing would mean the end of my life.

        • msm says:

          Jane, that is a great question. Since Endo bought AMS, it supposedly “bought” its liabilities. That’s my understanding. BSX bought AMS with the exception of the women’s health division. BSX actually may have paid more to not take the women’s health division. If the rest of AMS goes to private equity, the AMS brand will disappear. One would assume that the AMS mesh products would disappear from the market as well. Does Endo need the AMS brand to disappear so that Endo can regain its reputation? Another assumption could be made that Endo will still be held liable for all injuries caused by the products they have sold even though the brand no longer exists. That would be fair, but do our laws require that? Hopefully, the SEC will see to it that ENDO sets aside a sufficient amount to cover its liabilities. Another issue is that the settlements will specifically state that ENDO/AMS admits no liability. Things are getting more and more interesting. Even though AMS will cease to exist, it would not be due to bankruptcy and Endo shows no signs of insolvency. However, there is nothing to force ENDO to settle nor are they required to settle for any amount. The announcement of the $830M settlement last April is the amount set aside but there is no requirement that ENDO actually pay out that amount.

          • anonymous says:

            it is my belief that when Endo bought AMS it was reported that they would indeed be liable for any claims also. as I think they say endo bought them lock stock and barrel and that includes everything that they owed excetera. is there an attorney out there that can tell me if this is true. as I thought I thought I read somewhere that it was reported that endo would also be liable

  44. Richard Howden aka All Meshed Up says:

    So, basically what AMS is doing is saying take this amount or you are not going to get a thing unless you want to fight it out in Court.? It would make sense that a Company who knows they are on the wrong side of this case would want to get out of it as quick as possible and without paying much money. Although 93 million is a lot of money, $50,000 is not going to be much help when your medical expenses are a lot more than that.

    If 692 women are getting approx. $50,000 each that tallies as approx. $34,600,000 leaving $58,400,000 from the $93,000,000. So as I see it, the women get 1/3 and the rest goes……………..where? As I believe and will say at every chance, the MDL’s are not set up to benefit the Mesh Injured in a way that will help them through the rest of their lives! WTF! Look at the amounts that are gleened from the Settlement that the Mesh Injured never see, know about or get to know where it is going. Subjugation is done in such a way that you are not notified about it until you get a check. If the Treasury Dept takes money from you saying that you owe them, it will be one hell of a fight to get it back. Everyone else gets to get to your money before you do. You don’t know about it, not asked about it, not able to verify it’s authenticity of being a real debt and you cannot find out about it till it’s done and over with. That is just plain wrong.

    And Thank You Hal for putting up with these questions and some of my comments about Lawyers. But in my experience, over the past 8 1/2 almost 9 years now, the Lawyers that I have dealt with, signed contracts with, been suddenly dropped by, trusted, been screwed over by and have lied to me, have been the major “players” in these MDL cases. Johnson Group, Motley Rice, Swartz, Schmidt etc, etc have treated me and others as cattle. I look at what some individual Gynecological cases have yielded for the Plaintiff and then I look at what these women are offered in the MDL process. There is no similarity other than their injuries and multiple surgeries. You say it costs $300,000 to get to Court but with approx 100,000 women now bring cases against these manufacturers you would think that AMS, J&J and the rest would find it easier to set up a trust fund for ALL the Mesh Injured. Instead of bleeding to death by a million cuts, they would negotiate in good faith with the full knowledge that the evidence is against them. Which it is!

    But all of this is moot unless the FDA finally gets it’s collective head out of it’s butt and recall all Surgical Mesh until more long term studies are done. I believe that is another reason why we are treated as cattle, categorized and paid a paltry sum that will do nothing to help the Mesh Injured for the long term. To Hell with AMS and who the hell cares if we take every damn dime they have, anyway? This is where justice never makes it into the MDL process! The Manufacturers are still making the Mesh that you sued about and will have to live the rest of your life with the aftermath and side effects. And that is just another one of the many , little and big, injustices a Mesh Injured person is made to endure.

    Which ever way you look at these MDL’s, the amounts “offered” ( which you cannot say now because it is take it or leave it) are not an amount that you will need to help you through the rest of your life. No matter how you dress that pig up, it is still a pig. And an ugly stinking pig to boot!

  45. Dorothy says:

    The plaintiff’s will be given 120 days to decide. Also teir 1 thru 4 are the first wave, teir 5 is the second wave.

  46. keri says:

    Now now mr. Blog lawyer dont start With the bankruptsy scare again. Thats just a way to try and convince plaintiff to take a low offer Because if you dont your lawyer may actually have to work harder to get you a fair settlement. As it stands now thier money is in numbers by getting a bunch of you gruoped together and they get 40 percent of the total.

    • Jane Akre says:

      Keri- Please keep it respectful. I’m asking nicely. everyone has a right to state their opinion, if they are legitimately involved in some way with this issue. It’s really that simple.

  47. crystalclear says:

    I agree with keri. Lawyers tell us to stay off facebook do not post on blogs. Yet we have this lawyer on here blogging and encouraging women to dialog with him. Ladies be careful who knows who “H” is. He could be anyone including someone who works for the defense. I cant imagine my lawyer ever getting on a blog . I dont know after he had told to stay away from these things, it just makes me uncomfortable to see a professional on hete blogging. Could be marketer to get people to sign quickly?

    • Jane Akre says:

      This is who you are talking to… It’s not that difficult to look him up.

      http://www.wrongfullyinjured.com/meet.html

      I do not allow marketers on this site. Anyone trying to advertise through comments is erased.

      Appreciate keeping it civil to all who participate. Thank you.

      • crystalclear says:

        Glad you checked him out. Asked my lawyer (another small to have a look at his comments. He explaned several inaccuracies to me after he did. He was really a bit taken back that a lawyer would be out there blogging away.

  48. Dorothy says:

    Donna, call your caseworker or lawyer and ask them what teir you are, they have to tell you. Be pleasant and respectful and you’ll get more help, the honey principle. I really think things will resolve this summer shortly before or soon after Judge Goodwins June 2nd get together. Good luck.

    • Donna says:

      I will Dorothy, He is local to me and very easy to talk too. Sounds like I’m lucky I didn’t go with the 3rd party who was wrestling up plaintiffs for attorney’s all over the country. I used a local attorney and am pretty happy with him.

  49. Dorothy says:

    Hal, could it be that the firm representing the 692 are mearly representing the number of AMS clients in their 1 thru 4 teir category. There are more than 100 firms involved in this mesh mess and I think each has some of all 5 manufacturers. Teir 5 will come last, second wave.

    • Advocate says:

      Dorothy,

      Let me see if I can help with this process. The clients represented in this settlement will only be those with an AMS claim. No other manufacturer is involved. As to tiers, they are negotiated by each manufacturer and the firms and the criteria for the tier placement could be as simple as, number of surgeries, all the way through number of medical issues. If a manufacturer looks at a set of cases with a negotiating attorney and makes a fair offer (their perspective) for all tiers, then all of that firms cases could be resolved without the term “waves”.

      I believe you know the term wave, because your attorney was unable to obtain what they felt was a fair value for all their case tiers. The manufacturer could then say, “let’s resolve all those tiers we agree on now, and then we’ll do the others in a second, third, etc. wave.” Of course the higher the tier, the more substantial medical complications should be represented. This would require the manufacturer to put more money on the table for those cases or risk not being able to resolve the case load. Attorney firms with more cases of any particular tier, carry more weight to the negotiating table than those who only represent a few in a tier. This is the purpose of the attorneys combining their case inventories, so the attorney with a small amount in a tier, can’t be taken advantage of by the manufacturer.

      • crystalclear says:

        That is incorrect.. Attorneys caring a bunch of cases do not carry anymore weight then a lawyer with a few cases. You advocate must work for a big firm. Hence your comment so you can get more women to sign up at the last minute. Don’t worry Dorothy, you dont need a firm with a bunch of cases to come out with a fair settlement.

        • Advocate says:

          Dorothy, Crystalclear is correct to a point, a fair settlement can be reached by any attorney. The point I was making, dealt with the tiers process, not specifically the dollar amount. If the intent of AMS was to settle a certain number of cases of a specific tier, they’ll look for the largest cache of those type cases they can find. There are several reasons why they are motivated to do so, but to explain further, invites more of the conspirator theories that are not helpful to any of you.

          I believe your attorney will negotiate the best settlement possible for you, regardless of the firm’s size.

          I pray for your improved health.

      • Jane Akre says:

        Advocate- What doesn’t make sense is the assumption that multiple surgeries means the woman is very injured. Some of the MOST injured women do not have access to the dollars necessary to have obtained multiple surgeries. That doesn’t mean they are any less injured, in fact, they could be suffering more than someone who has had three revision surgeries and two reconstruction surgeries.

        • Advocate says:

          Hi Jane,

          Thought I’d answer your question for all to read. In personal injury, surgery has always been the lightning rod for defining serious injury. The need for surgeries in Mass Tort cases like this, were fairly infrequent before mesh litigation. Frankly, the most prevalent surgical needs in mass torts, were in the failed hips and knee litigation. Your point about those with surgeries and those without, is very astute.

          Initial bellwether cases, certainly made the headlines, due to double digit revision surgeries. This client had 10 surgeries, this one had 18 and so on. Slowly, it became apparent that some number of these surgeries took place because the surgeon lacked the skill set necessary to do the work in fewer procedures. There was reluctance in some plaintiff circles, to take cases who had not already had a “revision” or perhaps the means to get one. Still, others signed every case and promoted the revision idea as a means to elevate the case value, they knew would be placed on any given settlement tier. Again, doctors without experience in the removal of mesh made matters worse.

          By the time firms began to see what kind of numbers were potentially available, they stopped assisting women in finding legitimate medical help and for two reasons. First, they weren’t sure there would be enough money to repay a revision surgery lien, thus cutting into the “cash” settlement amount to the client who wasn’t wanting just medical attention, but a monetary award as well. Secondly, they were afraid of referring a case where the surgery was indeed medically necessary, because the court had taken a cynical view of those referrals based on the actions of unscrupulous activities by so called medical practices.

          There were pros and cons to this lack of action. The pros were, they had to look harder at the complaints of suffering and make a better argument on those merits(some might argue they would have arrived there anyway and I don’t disagree) but they needed to dig into the science much deeper when doing case intakes. Cons to the system are obvious. Women who needed medical attention and for perhaps the first time, were left without resources or guidance. Especially those who lacked health insurance and or money. There are services out there that help these victims, but some attorneys were afraid to pass them along or they themselves, were unaware of the existence.

          It’s my opinion, that surgery in any personal injury case indicates injury severity, but to this litigation, they can also mean marginal medical expertise. Not being able to say which applies as a layman to any surgical procedure, will probably keep surgeries as the key standard of injury. Those who need revisions and have not the means to get them, really have to lean on the surgical recommendation of their current doctor. Make sure their medical records indicate a revision has been suggested and the lack of revision is monetarily based. The conditions of injury other than surgical procedures, still help in the tiers today. They are called many things, tho most often, we know them as multipliers.

          There are still means of help available, but without the attorneys willingness to comply with the needs of those assisting with the medicals, it is probably impossible for doctors to provide the care.

          Hope this helps some to understand why surgeries are always the key note.

          • hope says:

            ADVOCATE: Thanks for the explanations above. What are your thoughts on tier placement of plaintiffs needing one or two revisions but with irreversible and many complications, some uncommon but devastating and tied to device? Are these women likely facing third or fourth tier placement based on number of surgeries but no less of a settlement than fifth tier due to their injuries? Or do you believe they will be placed in the fifth tier because of the complications? Also, are most within a tier awarded similar compensation, or does this vary based on circumstances and set multipliers?

        • Bejah says:

          And let us not foget those that are so damaged they can not attempt such surgeries, no surgeon will attempt it.

          Bejah

  50. Dorothy says:

    Thanks, that was helpful.

  51. msm says:

    Hal,

    Please don’t stop commenting and answering our questions due to some of the above comments (esp. those questioning your motives). The truth of what is really going on is difficult for some to swallow. It is a complex process with more variables than I can fathom. As you have read, there is a ton of misinformation here. Please continue to share your knowledge and the truth as you know it to be. Thanks.

    • Hal Lewis says:

      Thanks! I am not going anywhere. Any attorney who cannot be open and honest about the entire process (without disclosing confidential facts) is sadly probably trying to hide something from their clients. All of my clients read this website and encourage the dialogue.

  52. Bonnie says:

    talking about the US companies, there are companies outside the US. Mine is COLONPLAST. I don’t know if they have companies in the US or is there only in Norway I believe, I’m not really sure. But I still need surgery and my lawyer says the deadlines up for that so now I don’t know whether to sign up with that lawyer and start with an other lawyer all brand new cuz I need more surgery. It’s pretty major. it’s embedded in my right that channel all over blood vessels and nerves. The doctor doesn’t even know of one surgery will finish it. And I agree about these tears how do they get to that point without talking to the individual. and just because I’m older you don’t know how long I will live with this pain I could have three more years. its discrimination not only by age but by procedures.. I am so lost I don’t know what to do or who to talk to I lost my husband after my first revision surgery and I have no one to talk to about it. I’ve had pain since August of 2011 in my right side of my vagina wall. I just want a fair reimbursement if its just for me not for a group of women that I messed with I want my individual caseto be how they determine what I am owed.then there’s the future problems. they don’t seem to be concerned about any kind of punitive damage. I’m so lost because I rarely hear my company mentioned. if anyone knows anything about this company please reply. Thank you Bonnie

  53. Anonymous says:

    There is never enough money to pay for loss of complete quality of life. No sex, which is a part of all of our libidos. Having to wear a poise undergarment because of worse incontinence than when you started. Chronic pain, Disability that is not enough to buy groceries much less to live on. The depression from career loss. Injections into the pelvic floor muscle for pain, Lifelong PT. I could go on…

    I think everyone was reading the tiers incorrectly. There are a few tiers. So I would hope it is not five figures. 50K barely pays the hospital/medical bills, much less the attorney. I am confused as any good attorney worth anything won’t even take the case unless there is a revision surgery plus more. I hope and pray the small amounts ($50K) are to those that did not have surgeries but risk possible problems down the road? Do settlements of this sort, usually have prerequisites of a certain amount of people settling before the settlement is firm and complete?

    • Bejah says:

      Anon, Where are people getting this “$50,000.” figure? One person mentioned it simply as an example touched with sarcasm I believe, and now others are specking of it as a real number. My understanding is, first of all, since it is a settlement offer we will not be told what it is and I cannot imagine they would hav the audacity to propose such a number. Please read carefully and try to be very careful about what you say to our audience. As I think I said elsewhere, I would not consider anything under $1Million for even tier I people because their woundedness may manifest later, and because we are punishing this corporation. Having said that I find it distasteful to file action where there is no evident harm, but that is the problem, we must assume probably harm, the potential for it. We need to also criminalize the conduct of these CEO’s. I would like to see the names of the stockholders in such corporations published as well.

      Bejah

  54. Anonymous says:

    I am also here to report that even after TVT Mesh removal surgeries. The pain does not go away. A lot of women report severe edema of the lower pelvic region and stomach as well as 50 lb weight gains. It is grotesque edema, even after TVT Mesh removal. It has destroyed my entire life. The lawyers for these companies don’t care they don’t have to live with an adult diaper on and have to park in handicapped parking. The pain is atrocious it is chronic lower pelvic pain and girates down to the middle of the left thigh muscle. Even if you could have sex, the fear of being a gaping cave because of the internal pelvic floor muscles tear down is shameful beyond words.. Once vibrant 40-50 plus year olds have to live like they are in their 90’s.

    To any TVT Mesh companies reading this: Please compensate wisely and generously to at least have us know we can have a home. (Job losses caused short sales and foreclosures.) Dignity restored; with at least knowing we don’t have to be free loaders in our families because we cannot work.

  55. Anonymous says:

    All of the talk about 50K just for having mesh in baffles me. My attorney would not even take my case unless I had revision surgery or more.. But to close the entire mess out I can see them giving 50K to people w/o any problems. I just don’t understand someone like this having an attorney. Is this why the commercials on TV just say if you had TVT mesh,bladder sling call now? I wonder how many of the 20,000 nationwide are this? I always thought all of the Ethicon 700 something women in NJ’s docket were revision surgeries only? So am I safe to assume the lower tiers will all knocked out first? At least it is a start.

  56. Chris says:

    The concern that AMS will file bankruptcy is real. To look at the reality of how that would impact your claims look no further than the recent ruling by the BK Judge who oversaw GM’s bankruptcy. He just ruled that all personal injury claims (including the dozens of wrongful death cases) related to GM’s failed ignition switch are barred by bankruptcy. Any person injured prior to GM’s bankruptcy filing has no claim. They get nothing for death and catastrophic injury. That is the reality and risk of bankruptcy.

    • anonymous says:

      come on where’s a good attorney when you need one tell us please someone advises check it out do some investigation is Endo liable also.

  57. kitty says:

    The contract has been signed they are not in bankruptcy. Your cutting off your nose to spite your face. Relax

    • anonymous says:

      but what about the ones that are not included in the settlement could they end up with nothing people keep talking about bankruptcy and I have to say I’m scared to death of that look what happened at GMC

      • Chris says:

        I’m sorry. My comment wasn’t intended to scare anyone. My comment was meant solely as a reason to show the rationale of why these settlement numbers are justified. Although they are not what they should be, given the alternative (bankruptcy) they were reasonable. There is no threat of BK at this point since the settlements have been agreed to.

        • anonymous says:

          but there are those of us out here who have not been approached yet with a settlement amount there are those of us out here whose attorneys have not been contacted and are not part of this mass settlement this is only a few attorneys what I’m wondering about is what happens to the rest of us

          • Chris says:

            Yes, but a few hundred (or even thousand) unresolved cases probably wouldn’t sent AMS into bankruptcy at this point. AMS has resolved almost all of the 30,000 or so cases against it. It’s that figure that was the BK concern.

        • msm says:

          “Endo International said it will classify and report the results of AMS as discontinued operations.”

          Chris, it is all about ENDO. AMS will not be bankrupt but will be “discontinued”. ENDO is responsible for paying the debts of the AMS Women’s Health division which is the only part of AMS not purchased by BSX.

          While ENDO has suffered losses recently, I don’t think ENDO is going to declare bankruptcy before the current cases are settled. ENDO will be focusing on pharmaceuticals and that will keep the risk of insolvency low.

          I wonder about cases that might be filed after AMS is “discontinued”. In the future, discontinuation will have the same effect as bankruptcy. Trying to sue a company that no longer exists isn’t going to work.

  58. Deanna says:

    Hi my case has been going for three years I have had 2 surgery to help relieve my leaking and pain but no relief dr wants to do third one my internist doesn’t want me to have surgery unless it’s life or death I have heart problems plus none of the dr seem to understand my issues there is no dr that takes out mesh in my area. Doesn’t matter can’t have surgery so have to live with this I am scared to think what else can happen not fair to have to go through all this how would the companies like to have a device put into there bodies that poison them hurt them give them pain make them smell depression ect I could go on and on!!! My company I am fighting is Johnson and Johnson I had pop should have just stayed that way! Will Johnson ever start to settle these cases?? With heart problems don’t know how many years I have left! Just had to say something seriously what gave them the right to play with our lives??

  59. cknorman says:

    Now we have blogging attorneys refer to themselves as advocates instead of stating what they truley are Lawyers. Ladies if you really want answers call you lawfirm , ask to speak to the lawyer, not his paralegal. Your lawyer works for you m ask questions. Why are yoi guys so afraid to contact your attorney. If he signed you up you have a right to speak to him no matter how many clients he has. Stop speculating.

  60. Beth says:

    I am in the AMS MDL and am wondering if you have any idea of the time it is going to take receive payment. I have a stage 4 breast cancer and would like to figure out how to leave this for my family. Or if you think it is ever actually going to happen.

  61. msm says:

    This NASDAQ article will give you some insight into the Endo/AMS business strategy and Boston Scientific purchase of AMS.

    “Boston Scientific To Buy Endo”s AMS Urology Portfolio For Up To $1.65 B”

    http://www.nasdaq.com/article/boston-scientific-to-buy-endos-ams-urology-portfolio-for-up-to-165-bln-20150302-00768

    “Rajiv De Silva, President and CEO of Endo International said, “The divestiture of AMS marks the continued execution of our business strategy and furthers the transformation of Endo into a leading global specialty pharmaceutical company. ”

    […]

    “Endo International said it will classify and report the results of AMS as discontinued operations. The company added that it will provide fiscal 2015 guidance on a continuing operations basis.”

  62. Sandra says:

    I’m being told Medicare/Mainecare will not have to be reimbursed, I don’t think other insurance companies should be entitled to reimbursement either. We all paid our monies! I have never been told by anyone that there are liens on health insurance, and yes Medicare will pay for other surgeries needed from the mesh! I think being in an MDL case is so much better then court and your cases is put in a certain category based on your injuries! We all mush be aware the Defense will/is trying to do everything they can to botch cases, social media(Please don’t use real name) id for everyone to see! So far AMS is the ONLY manufacturer who came to the table……………they as you will see increased the amount of monies and also reserve. I have 2 awesome attorney firms and that;s why they tell you not to listen, believe nor be upset with what other’s post that’s what is causing everyone to be in a hustle!! This is extremely private information, never share attorneys, when you case has settled, how much! Keep in mind the new amount AMS has come up with is based on what jurors for your specific case may be awarded! Right now the attorneys who have AMS clients, those cases are being worked on to settle quickly! I’m being told disbursements hope to start in November, 2015! Remember there are 20, 000 of AMS clients and the monies will not be divided, the cases are put into category’s based on injuries. Already had initial, 2 revisions now referred to a surgeon, possibly hysterectomy, my uterous has dropped and coming out my vagina! Consult on May 5 2015!

    • msm says:

      The federal government has a right of subrogation for medical care payments made under the Medicare Act.[1] The statute gives the government rights far in excess of traditional subrogation rights. Under the Medicare Secondary Payer Act,[3] medical bills paid by Medicare for tort victims are conditional payments. If there is a tort recovery, Medicare is required to be reimbursed.

      [1] 42 U.S.C. § 1395y(b)(2)(ii).

      [3] 42 U.S.C. § 1395, §1862.

      [4] 42 C.F.R. § 411.24(g)

  63. Sandra says:

    Chris another misinformed client!! There is not 30. 000 against AMS……….And not settlement offer’s made to anyone in the MDL Case!! That’s who I have………..

  64. TLP says:

    Sandra,

    I too am in the MDL AMS So if we are in the MDL , the new settlement will not apply ?? I am in tier 4 But need to be in tier 5.. What happens to us ?? Thanks .This is all to confusing. I have heard NOTHING from my attorney !!

    • anonymous says:

      just please try to remember this is not every last AMS case I too ma AMS victim I am NOT in the settlement because I am NOT part of the law firms that have agreed to this settlement my attorney is going to prove that mine individually so just remember even though you are not part of this settlement there are more to come your attorney may not have been involved in this settlement because it was only certain firms that agreed to this hopefully our time will come soon and we’ll all be able to start getting money in November you should be able to call your attorney and ask him about it mine has advised me to just wait

      • Mesh Nightmare says:

        Your post sounds like you’re getting it.

        • anonymous says:

          I’m sorry dear maybe it’s the pain meds I’m on but I’m not understanding getting what that we just have to wait because I’m not getting anything but older sicker any more pain daily and much more poor and in debt

    • Sandra says:

      TLP-with the new money of $93 000, 000 plus over $3 million in reserve AMS is compensating for pain, suffering, medical expenses, and more what we need to keep in mind is that NOT all will get the same amount. I know it seems everytime I turn around Im more confused! Have you signd your papers to join the MDL? My attorney firm originally from Texas joined with another legal firm in Florida…………that will be no extra cost to us. I think people should stop bashing their attorneys doctors hospitals…Bashing the manufacturer is where it needs to go. Also following the trials is really setting an example of what jurors will most likely to award to the Plantiffs based on injuries. So those who are only suffering infections will not be awarded as much as someone like you or I based on severity! I do wish that when the trials are done maybe give us an idea of what that person has however I wouldn’t want my name put out there. WE ALL on this page must be here to support vent god knows there are many. I hear from my attorney at least 1-2 a month and I also call them…………please call. They are doing their very best putting these cases together……good news is since AMS came to the table our cases are being handled first.Attorney’s are hoping other’s will follow!

  65. Mary Blanks says:

    Hal,

    I don’t understand your motivation of being continuously on this site trying to convince of that AMS is treating us fairly because of their financial limitations! Why Hal? How many of us are you representing. Are you being paid by Ams, or some other organization??? Attorneys don’t monitor websites ctyonstantly for nothing. Most of these ladies can’t even get a call back from there attys, I thank God I always hear from mine! Although there is someone “like you” in her office also. I just want the us all to know what’s real and staged. We are in the fight of our lives. I beleive that not only we should be compensated for our injuries, the extreme emotional distress that I went through when informed by a team of drs that I had 2 maybe three months to live and no one could help me!!!! Not only should we be compensated for our extreme debilitating pain we suffer, the hideous infections, the loss of jobs, self worth, the inability to be intimate with our husbands and all that comes because of that, and on and on, I am going to begin a movement within our congress that not only we should be paid but these CEOs that make the decision after being informed that a devise could be dangerous should receive jail time for their crime. They are no different than any other serial killer that tortures and then murders many, because I believe that theyARE CRIMINALS PF THE WORST KIND, they are not mentally unbalanced they just love money andy are propelled by greed!!!

    • Bejah says:

      Mary, Be thankful Hal spends some of his time posting to this site because comments from everyone can be helpful. I do not know Hal or who he represents and I do not care…what matters is what he says. It is up to us to interpret and process what is posted here. I would love to hear from the defendants representatives. I may or may not reply. Two can play the same game but there are more valuable ways to handle the data that comes to us, that we harvest outside of this site an gleen from other sources. As things heat up as they seem to be doing there are likely to be an increasing number of watchers and commentary from a variety of sources. Our job is to read, consider and discuss it online and offline. I am glad you read Hal’s comments. It is however, grossly inappropriate to reply as you have. It does not help us in any way. We do not want to alienate others, I think we want to hear what they all have to say. Also until you can provide evidence to support your claims about Hal I would ask you to keep your very unprofessional and caustic remarks to yourself or share them privately. Be careful about publishing unsubstantiated character damaging commentary about others. Is is illegal to do so. We know you are in pain Mary, we all are.

      Bejah

      • Me says:

        I agree, and fellow injured deserve the same defense and respect as attorney commenters … can’t ask readers to understand intentions of some but not others. In following this website for years, I’m shocked and saddened by the way several men and women have been talked down. Certain comments should be removed with the authors asked not to comment or apologize and move forward with better attitudes and intentions.

        • Jane Akre says:

          Please advise me of the ones you are referring to….. I don’t catch everything….. thank you… janeakre@meshnewsdesk.com

        • anonymous says:

          I would like us all to take a deep breath and do me a favor watch a video on youtube I think it will give you strength and encouragement let’s see howf only for a minute if only for an hour perhaps maybe a day orif only for a minute if only for an hour perhaps maybe a day or longer it might give you strength God bless you all today

      • stopmeshimplants says:

        Our challenge is to learn and understand when we have such negativity in our heart and mind. I suffer from a quick tongue and a vocabulary filled with such hate on my really bad days. In the end I must give it up because no one will ever care about me and my sturggles except me. So, I can go on hating the world because of this mesh nightmare or I can begin to accept things that are entirely out of my control. I do not like anything that Hal has to say. It is not what I had hoped for but I believe he is intelligent, educated and extremely knowledgable about his profession and his experiences. I believe he is doing his best to prepare us for what lies ahead. Again, not what I want to hear but it is what I need to understand. Doesn’t mean I am not going to fight like hell when it comes to any settlement conversations but I know I will be better prepared because of these comments on Jane’s website. Thank you, Jane. Without this website I would remain in the dark about everything.

      • marie says:

        Bejah, thank you. Hal has a place like any involved in one way or another. It understandably bothered him to be accused of being someone he isn’t or doing something he’s never done–even though he knows most of the doubting stems from struggles and misinformation. The character damaging is offensive and hurtful, and no matter how many are aware of truth, there’s always someone, somewhere, believing what is written or spoken. Similar to your mentioning, Bejah, unsubstantiated claims don’t belong here nor anywhere.

        It would be a lot easier to read and converse if everyone would practice the golden rule and refrain from posting statements that can’t be backed with proof. Professionals brave enough to share here–the physicians and lawyers–deserve the benefit of the doubt and some backing, but us “regular” people do, too. No one is better than anyone else or more or less deserving.

    • msm says:

      There are representatives from both sides watching this and other sites to get a feel for what clients are thinking. I’m sure they also realize that the people posting here are a relatively insignificant number compared to the 100,000+ cases worldwide. Hal has the guts to speak up and try to clear up many misunderstandings of complex legal issues. A recruiting attorney would not waste his time on this site when he can advertise to a much wider audience through other media.

      Hal is trying to help us also to understand the reality that there is a limit on the funds that these companies will be willing to offer in settling these cases. They don’t have to offer anything. They are also not going to offer an amount that will bankrupt the company.

      That said, AMS will cease to exist as early early as June. ENDO is the company that will be settling these cases. ENDO focuses on mergers and aquisitions so their financial standing is constantly fluctuating. They lost considerable money by purchasing AMS 3 years ago, but they are recovering. ENDO will not go bankrupt but there is a limit on the amount they will offer. That is the same with any company offering settlements.

      • Hal Lewis says:

        This is 100% accurate.

        I am speaking up only to inform… not to “sway” anyone one way or the other.

        As I do with my own clients… I want to make to make sure everyone is fully informed before they make a decision.

        This way, everyone can have an informed conversation with their own attorney. What they do from there is their own business.

        As I have said many times before, I am on the fence about the whole MDL settlement. Some of my clients want it, others don’t. Some of my clients are willing to roll the dice and not worry about bankruptcy, others are scared to death of it. Since I represent ALL of these different clients, it would be a conflict for me to say that one way is “better” than the other.

        I treat each case INDIVIDUALLY and cater to the wishes of each client separately.

        I will settle the ones who want to settle and go to trial on the ones who don’t. Any lawyer who is forcing ALL of their clients into one decision or the other is forgetting that the CLIENT is the boss.

        • Anonymity says:

          Hal, what about the attorneys that won’t fight for their clients in court? My attorneys have been for me, about me and call me regularly. They sent gift cards at Christmas because they knew about my finances or lack thereof. Some of these women will not be alive for a new Case to be started over with a new attorney. and the old attorney will attach a lien to the case. Can they attach a 40 percent lean or will they just attach billable hours? Is it feasible for a new attorney if you even take on any cases that these women by their attorney for him.

  66. Bejah says:

    Off topic….TOXINS LEACHING FROM MESH

    Several of us have evidently had the mesh sent to labs to determine composition, decomposition rate and what toxins are leaching from the mesh into our bodies. I want to know what those toxins are. Why have we seen no reports about this. Can a sample of the mesh be taken when it is still in situ? I understand the cost for the lab analysis is about $1,500. Is this true? Will the results be the same regardless of product? Does it all come from Exxon-Mobil? Anyone know the processing facility location? Please share any information you have. I will begin a search as well. I have a new potential symptom today, my hands are so swollen that my rings will need to be cut off of my hands (white gold and silver). Anyone else have this?

    Bejah

  67. kitty says:

    Hello Bejah. My rings were cut off a few years after surgery. Where does erosive inflammatory Osteoporosis Arthritis come from? It’es like a cancer that travels thru out the body

  68. kitty says:

    Erosive inflammatory Osteo arthritis

  69. Mesh Nightmare says:

    Please donate to the 6/2 rally fundraiser. gofundme.com/rm62j64

    • Bejah says:

      Trying to lo learn more about the toxins emitted from the mesh as it breaks down and perhaps before…reading about

      * alkoxy radicals

      * peroxy radicals

      * hydroperoxide

      * estrogenic mimiking chemicals and link to cancers

      * nonylphenol leeching out of petro mesh

      * neo antigens damage human serum albumn

      This list is from one of our community in England. I am using it as a starting point. I want to know the whole truth. I will enlist old friends at the University of California in Chemistry and at the School of Medicine and dig as deep as I can into these mesh products implanted in our bodies.

      I have the impression that it may be wise to limit the amount of iron in our bodies.

      BTW I have been using Estroven, an over the counter supplement that seems to assist with hormonal balance. It is $20 for a months supply at the pharmacy. It is important to use a Premarin like cream to build up tissues post menopause and this may also combat effects of toxins leeching from mesh. This is just theory and based on personal experience. Also take Hormone Replacement Therapy if you can, max .625 per day to limit possibility of cancers. Some of this is expensive, especially if you have no insurance. Some companies will help if you contact them and give you samples or lower the cost for you on individual basis. This is hearsay. It never hurts to ask. Some HRT costs more than others. Keeping your body in balance should keep you alive longer.

      Sadly we can not believe doctors any longer but must research their recommendations before deciding if we wish to follow them. That is our right and responsibility to ourselves.

      Do not eat genetically modified food. This is produced by big corporations. It is not natural and it is good for profits but not good for you. We should get back to planting our own vegetable gardens. It is not as hard as you think and good for your children to see how real food grows…what a miracle it is. Get them involved. Good for family, bad for General Foods. Say “no” to excessive sugar and salt. FIght back. They do not care if you die. There are millions of consumers to take your place.

      Bejah

  70. Mesh Nightmare says:

    Please donate to MAM 6/2 rally fundraiser: http://www.gofundme.com/rm62j64

  71. Mary blanks says:

    I just won’t be fooled with what is going on. Hal has not answered the question of who is paying him to really try to convince us that this is our best chance. I just want to be sure that he is not on payroll to monitor these sites and sway our opinions. These company’s spend big money to get away with this and don’t forget that ladies. They are on our websites, they do make up named and try to friend us! I have found two on mine and they asked me if I’d ever been in an physically abusive relationship that was the question that aleered me. They inboxed me but had no FACEBOOK account. I know I may sound a little paranoid but it’s true. Hal still hasn’t answered if he is being paid for this.

    • Bejah says:

      Mary, I think most of us are paranoid and it is justified. Forget about Hal. You have to make up your own mind without undo influence from anyone. I would tell you that I do not believe there is a limited amount of money. That is simply not true. These corporations have billions of dollars in profit, in assets, they are well insured and they carry funds dedicated to address situations like this which happen with considerable regularity. They consider it part of the cost of doing business. What they look at is the line item that tells them what their gross and net profit is after deducting cost center dollars. Assume they are misleading you about not having enough money. Shameful conduct on their part but they are only interested in public opinion to the extent that they can manipulate it with advertising campaigns and public relations efforts. I find it helpful to try to be as objective as possible, try to keep emotion out of your decision making, and make a pro and con list then discuss it with trusted advisors, not Jim the retired accountant next door necessarily. Avoind “yes men and women” who will agree with whatever you say.

      Bejah

    • tammy says:

      I just went threw that on my facebook this is crazy I’m being hacked I new it so sad I guess they are going to try anything. mow for what was allowed to butcher our body’s sad.an scary.

    • Jane Akre says:

      Mary- I love you too. Please trust that I have not allowed someone to comment on here who is “paid’ to “sway” you in any direction…. really. What would the point of that be? Who benefits? Hal Lewis is an attorney who has decided to inform the public for no reason other than to inform. I’m sorry there is so much suspicion among the injured, planted by those who are doing absolutely no good for the group as a whole. Frankly, I”m glad he has been generous enough to add his expertise. Take what he says back to your individual law firms for a second opinion but don’t try and shut out those who are trying to help. Thank you Mary… I hope you are healing…

      • Mary blanks says:

        Jane I think Hal needs to answer my question, not you. I love you also , but this is really important. Really at this point everyone that wants to”advise us needs this disclosure.

  72. Anonoymous says:

    The reality is these companies can not pay millions. They can not give everyone the same amount of money. This is what we will get. Hopefully it gets increased a little more.

    I really wonder how they will work out things like time traveled, provable economic losses, etc. I don’t see how my wife could agree to this even though she would be in a high tier.

    I also wonder if these companies would consider more creative options. Why not pay women monthly payments? Set up trusts? I’m quite sure that it would be possible for these companies to set up trusts that pay out monthly payments. This setup makes even small settlements last a lot longer, and for most are more helpful long term.

    • Bejah says:

      I believe settlements are generally if not always handled in the way you describe. They sub contract organizations that do just that. They set up monthly payments as a sort of annuity and the settlement dollars are paid out according to the terms of the agreement.

      Jane has referred to a special circumstances distribution method for cases meeting certain criteria where there is great demonstratable need.

      Bejah

      • Bejah says:

        FYI people, Have we all seen those scumbag company ads on TV offering to buy your annunity or settlement and give you cash….don’t do it. They will take a huge percentage. One thing I would do is try to add an addendum to my settlement agreement acceptance that in the event I pass away my settlement checks would continue to be given to my family, my horse, my children, etc. That way your estate would not lose any money. I would also have the checks payable to your TRUST…set up a trust. If you get a significant settlement your personal attorney may and should advise a BLIND TRUST but be one step ahead and research all of this now so you know how it works and can better advocate for yourself.

        Bejah

        • anonymous says:

          we do not have to payments we can demand a full payment do not trust these people to pay you throughout the years they’ve already proven they can’t be trusted they weren’t honest and forthright about the mesh and what it can do to our bodies do you think they’d be any more honest about paying us I don’t care if it’s on paper or not they could go bankrupt or something else and say sorry and then you could spend the last years of your life fighting to get the money that they’re not going to pay you sorry but thats how I feel they want me off their back they need to make a full payment to me I want to be away from them as badly as they want me to be gone

    • anonymous says:

      I for one will not take payments I do not want to be associated with these companies any longer than I have to I want them to give me everything they took at once greedy no not at all but do I trust them to do what they’re supposed to do in the future no hell no people are indicating that AMS may go bankrupt well what if we started to a payment agreement and then they go bankrupt and I have nothing again no they have money put away for this kind of stuff if not they can sell part of their stock or something and get me the money that I deserve I for one do not want payments I do not want to have to spend the rest of my life banking on that they will make my payments to me it was obvious that they could not disclose the whole truth about mash or didn’t care and I don’t trust them to pay me for the rest of my life again then they are can control my life and that’s not going to happen I want one check for the amount that I am supposed to get after everything been taken out but to take payments from these people forget it no way it’s just cool I should someone does this because they have the money to pay you

      • msm says:

        I agree. Payments might work for a few, but so many have amassed huge amounts of debt through surgeries, other treatments, lost wages, etc. They need a lump sum to keep the debt collectors off their door steps. Those waiting for funds to have more surgery must receive a lump sum. A “structured settlement” would not be fair at all. That’s how these settlement funding companies make their money. They will trade you a lump sum for the monthly payments. They will also take a percentage from you for that “service”. Then if the company goes bankrupt, the funding company is out, not you. I don’t think anyone wants to give another company a dime if they don’t have to. The whole question of bankruptcy only comes into play if a trial jury awards the plaintiff(s) more than the company is worth. With ENDO/AMS, they are settling and will not settle for more than they can fund.

      • Bejah says:

        Anon, I am not sure we have a choice, sadly. There may be a special needs alternative that Jane has mentioned, I really do not know anything about that but I expect the qualifications are stringent. Let’s try to think positive, it’s healthier for you than fretting.

        Bejah

    • Bejah says:

      They do have the resources to fund large settlements as appropriate. Please check your sources. We must guard against the spread of mis-information. Thanks.

      Bejah

      • msm says:

        “Huge” still does not mean “unlimited”. It is an undeniable fact that there is a limit to the amount any company will voluntarily offer. There is no entity that can force them to settle for a given amount until an agreement is reached. Even then, conditions must be met by the plaintiff. Either side is entitled under the Constitution to request a jury trial. If the jury verdict is in favor of the plaintiff, then come the appeals. Not a cent is paid out to the plaintiff until the appeals have been exhausted.

        The company is required to file with the SEC showing where they have set aside an appropriate amount to fund litigation expenses whether those expenses come from defense or settlement. ENDO is involved in several civil action lawsuits in addition to transvaginal mesh. ENDO wants to settle. The company is focused on pharmaceuticals and would like to put AMS behind them. The victims of their devices will never be able to put their injuries behind them.

  73. Mary blanks says:

    Look I love you all and have been following this site for more than three years. One thing I know before we allow anyone to try and share any legal info on this site the first question that should be asked is if someone is paying them to influence our decisions! Especially someone that has been trying for months!!! It would be way cheaper for them to pay a few a million to heard us into their way of thinking than to pay 20,000 a million!’ I’m saying these questions should come first before you allow someone to get in your business, in your head! I’ve had my removal but what about the ladies that were waiting for settlements to have it removed? The ones husbands have left ? I’m not asking this question for myself because I’m going to fight until I receive a decent offer or they go bankrupt!!! I’m asking for you! My bible leads me it says know them that labor among you. As always it makes perfect sense and anyone not on anyone’s payroll should understand and be happy to answer.

  74. kitty says:

    Mary. I know of your journey and have a great deal of admiration for u

  75. unmeshme says:

    Mr. Lewis,

    Please comment on the June 2nd status conference and what the purpose of it is in regards to settling even more cases. Are all the companies really in serious talks or is it more stalling? AMS is to be there also.

    • Jane Akre says:

      They are required to be there by Judge Goodwin. Remember, he has promised all sides will lose cases if they do not get real and bring settlement monies to the table.

      • Donna says:

        Jane,

        Does anyone know Approx. how it takes to get an offer after your case goes to the settlement master,i recieved a letter a couple a months ago saying my had been turned over to a settlement master mine is one of the 692 AMS cases.

        Thanks Donna

        • Jane Akre says:

          I’m amazed at how long it is taking…. since at least April if not earlier, people have been telling me their settlement was ready….. what does your law firm say?

  76. Richard Howden aka All Meshed Up says:

    Which ever way you Ladies decide on the settlement, the reality is that you will never be the same as you were before the Mesh. As a one of the many Mesh Injured that will NEVER see my day in Court, never get a settlement or any kind of compensation from the Manufacturers that made the products that have ruined my life, it pains me to read many of the Posts on here.

    For one thing, making a decision about a “Settlement” when you have no idea as to what it is or what is connected to and with it (i.e. subjugation, gag orders, years of waiting for an amount you may or may not get etc etc ) seems a bit “hinkey” to me. Tell me what I am to get if I accept this “settlement” according to how I am categorized NOW and do not BS me is how it should go. But from what I am reading, you accept the MDL offer but there is no amount of monies designated for you when you accept? You are making a decision on trust? On faith? Or is there a solid, no wavering, no BS amount that you are being told is yours if you accept? If there is an amount told to you, is that amount possibly going to go up or is it going to be less when all is said and done?

    I realize that this may be your only chance at some retribution and compensation. I just hope that in a couple of years we are not reading your Posts on here about how you got screwed by the Courts as I have been reading from Hernia Mesh Victims. I feel there is just something inherently wrong about the MDL process when a Patient is told by their Doctors that a Surgical Mesh product is safe, the Manufacturers claim it is safe, the FDA say’s it is safe but the reality is that it is anything other than. And $50,000 or so is what being lied to by so many people and entities( that are supposed to protect us) is worth? Truly a sad situation.

    I hope that one day, all of these lies and all of the corruption, will finally come to light. But until that time, I hope that the coming Court proceedings that YOU are involved in will have the conclusion that you need and want.

    Best Wishes………….

    • Jane Akre says:

      This all raises a question-

      If you could have surgery paid for OR money, which would you choose?

      • msm says:

        I would take the money so I could choose my doctor, my hospital, my transportation and lodging (if needed), rehabilitation, assistance at home, etc. I wouldn’t trust anyone to make any decisions concerning my healthcare. Anything left over (if there is anything) would be for further medical treatment under my terms, and for pain and suffering. Going through any sort of process and paperwork to request funds for surgery is beyond comprehension. Who would decide if surgery is necessary? The treating physician or some administrator of the funds? Nope. No way! It’s frightening to even think about it !

    • Bejah says:

      Richard, You know money does strange things to people.

      Also, as I understand it 90% must agree for this to move forward. Have you ever known 20 women in a room to agree on anything? I would like to know more about this concept of 90% approval. Is this standard? Is it variable depending on the case. What is the function of the 90% agreement. It seems to me an exercize in futility, or perhaps another delaying tactic. Any thoughts?

      Bejah

  77. msm says:

    “AMS says 850,000 units of the AMS sling have been sold worldwide, that includes the Monarc Subfascial Hammock and the SPARC Self-Fixating Sling System.”

    How many are implanted? How many are on the shelves waiting to be used? Without a recall, what will happen to any unused inventory?

  78. Richard Howden aka All Meshed Up says:

    If so many women are sueing a Manufacturer for damages done by their Mesh Product, why are they allowed to still make and market the offending product? And if you were a Doctor, would you feel confident of the product that has several hundred or more women and/or men successfully sueing the Manufacturer for damages done by the Mesh?

    Apparently profit prevails in both cases. Just sayin’……

    • anonymous says:

      you know what I find completely insane in this world of ours. the gay couple that wanted a bakery to bake their wedding cake said no so they sued them and they went to court I just heard they got $200,000 just because they could not have their cake bake there it was supposed to be for mental anguish. really really that’s what I did just because I couldn’t have the cake they wanted baked they got $200,000! okay so if you destroy my life by making me completely disabled during my female parts apart causing permanent nerve damage causing prolapse causing other issues you name it a lot of the severely injured people have it what does that make our cases worth than in the eyes of this court system. somebody needs to get with the judges and the juries who have been awarding great amount of damage and get with the companies and figure out who the hell is the most crazy asking us to take little or nothing for injuries this world makes no sense to me whatsoever

      • msm says:

        It really is insane! Red Bull had a class action suit brought against them for advertizing that “Red Bull gives you wings!” Red Bull lost and everyone who ever consumed a Red Bull product did not even have to prove it to get a voucher for free products or $10. True story!

        http://www.nbcnews.com/business/consumer/red-bull-drinkers-can-claim-10-over-gives-you-wings-n221901

        “Tort reform” is focused on medical lawsuits that involve human beings and pain – even death. What it should be focused on is this sort of silliness ! It is hard to believe that this is the judicial system of the USA – an “advanced” world power.

      • Bejah says:

        Gosh, Here is a sarcastic take on this….the courts (Feds) want to show the populace of worker bees that they are fair and care about people even where there is a rather controversial subject like “gay” marriage.

        On the other hand to support our issue is far more fraught with problems because they must support the corporate citizens, that is their mandate. It is not to support the people (think “of, by and for corporations”). Also most of us are probably women and probably a considerable percentage of us are older, thus the perceived need for such implants, and we all know how women have fared generally in human history. We are not very useful to the machinery of the state any longer after we have produced worker bee children, retired from our jobs, etc. We become a cost center for the country and where medical care is concerned no matter what kind of insurance you have, if you are over 65, for example, you are treated differently by doctors and hospitals unless you are high profile, wealthy or continue to invent interesting tools the state can use.

        Sorry but I do not see a bright future for humanity and I see no compelling evidence that we are evolving sufficently to save ourselves.

        Do not expend your valuable energy being angry at the evil doers though, rather “Let go and let GOD (whatever you conceive that entity to be) handle it”. If you try to do this you can actually feel a shift in your spirit.

        This life is just a small thing. We are eternal beings of light. We suffer only in this earthly form. Try to find whatever peace you can and let that be your focus. Don’t dwell on the evil lest it consume you. Consider its actions and statements and then release it.

        Bejah

        • anonymous says:

          Bejah what a wonderful outlook you have and you are right on. I know this earth is not my home where I will spend eternity. I look around everyday and I see the world getting worse and worse caring less for people and more about money and selfish greedy things. thank you for your outlook on this I’m glad I’m not alone in my views. I just wish he’d get busy and get back here and straighten out the world I’m ready any day.

    • Jane Akre says:

      It’s difficult to believe doctors are still using PP (polypropylene) mesh knowing they could be facing a medical malpractice claim.

      • msm says:

        When the AMS brand is gone (which will be very soon), will ENDO assume liability for damage done by those mesh products currently on the shelves?

        DISCLAIMER:

        Don’t anybody panic! I’m not saying AMS is going bankrupt. AMS was a subsidiary of ENDO International which is actually funding the settlements. Not to worry…

        • Sandra says:

          When Endo bought AMS they did take on their depts including mesh settlements!! These manufacturers will be getting all their money back in the future So they will recover!

  79. sandy says:

    My wife is not in the MDL and we dont understand why she is not.

    she has AMS had her mesh in 2012. she got let go of her job

    she had been there 20 yrs and then she got SSDI but that nothing

    to what she was making and she just hates not being able to work.

    know she is in bed most of the time cant do anything we have to have

    family come in to help GOD BLESS THEM! Can someone tell me why

    she is not put in the MDL. I sent in all of her paper trail and all of the

    social sec papers.

    • Jane Akre says:

      That’s a great question for your law firm. Some people do not consider it a benefit to be in the MDL. Are you set for a state court trial? Are you involved in any settlement discussions?

    • Sandra says:

      Sandy, you have an attorney firm correct?? She has AMS as well?? Call your attorney and ask!! In time all these manufacturers will realize instead of going to court and these bellwether trials are showing them what jurors are more likely to award they should make it a point to settle out, hope fully taking Judge Goodwins advice, I thin they just want to stall as much as they can!

  80. sandy says:

    there is no state court trail. they told me it was to keep expenses to

    the case down because i sent all the paperwork in. i dont know if

    thats true but thats what im going with. what is the differnce being

    in the MDL or NOT being in ? We are in michigan and have a texas

    law firm.they wont tell us anything only its a long process and AMS

    has settled. they have step to take.

  81. Kitty says:

    The judge denied the defendants appeal on the the Linda Gross case. Does anyone know if they can ask for another appeal?

  82. Hal Lewis says:

    Mary,

    I don’t know what you are referring to, but I have made it known several times that I am an attorney representing several Mesh victims. My firm is Fonvielle Lewis Foote & Messer in Tallahassee.

    And I will cut and paste again what I said above:

    I am speaking up only to inform… not to “sway” anyone one way or the other.

    As I do with my own clients… I want to make to make sure everyone is fully informed before they make a decision.

    This way, everyone can have an informed conversation with their own attorney. What they do from there is their own business.

    As I have said many times before, I am on the fence about the whole MDL settlement. Some of my clients want it, others don’t. Some of my clients are willing to roll the dice and not worry about bankruptcy, others are scared to death of it. Since I represent ALL of these different clients, it would be a conflict for me to say that one way is “better” than the other.

    I treat each case INDIVIDUALLY and cater to the wishes of each client separately.

    I will settle the ones who want to settle and go to trial on the ones who don’t. Any lawyer who is forcing ALL of their clients into one decision or the other is forgetting that the CLIENT is the boss.

    • Me says:

      I have to say…..Mr. Lewis, that comment you just made (above) is exactly what any one of us “victims” want to hear. It actually speaks volumes (in my opinion) of the kind of attorney we all hope for. I still think you should be taking less of a fee for cases like this, but we all have our own opinion. If I have to pay the fees though, I would want them to go to an attorney that is axactley like you. Thank you for being loyal to your clients and not dumping them if they say No.

    • Mary blanks says:

      Hal but you did not answer my question are you being paid by ams or any one connected to ams to convince us to take these offers! I don’t mean you any disrespect , but these ladies need to know what your motivation is. I notice each when I post you u answered what I petcieved to be in anger. Didn’t grt why since I was posting my opinion. lol

      Hal you keep speaking about the company’s net worth. What about their liability insurance?

      • Me says:

        First off : “NOT TRUE” are you aware you are yelling?

        Second: I feel Hal has answered the question. He is an attorney to mesh clients. He is answering questions for us all because like all of us, he is tired of people saying and speculating on things they do not truly understand when they have no facts. I admit I have been one of them and although I disagree with a lot of what is going on and some things he says, he is going by THE FACTS. I feel the question is an attack against his honesty and integrity as we all know that he could not take money for steering us in the wrong direction as he is representing people in this suit. Unless that is all a lie, and I doubt that as he has been straight forward about who he is and his firm….unlike other people who keep posting knowing their anonymity…shit(spelling?) is protected from their peers. Just my opinion.

        • anonymous says:

          I hate the fact that now we’re using foul language on this site this was supposed to be for a support and education now were attacking each other please I beg of you let’s all stop this because you know what is corny as it may sound united we stand divided we fall

          • Hal Lewis says:

            Mary,

            These companies do have liability insurance, but nowhere near the amounts that we are talking about.

            You don’t buy insurance to protect you from how much damage you can do… you buy insurance to protect you from how much you have to lose.

            In other words, a normal person does NOT go out any purchase $50,000,000 in liability insurance just because he “could” accidentally cause a terrible car accident involving a school bus where 50 children are horribly killed. That’s an entirely possible scenario… but that’s not how you purchase insurance.

            Instead, you purchase it based upon your assets and what you could lose if you DID cause a horrible accident. The normal person, therefore, probably carries $100,000 in car insurance AT MOST. The majority probably only carry $25,000 or $10,000. And this is because that’s all they have in the bank and therefore all they could lose in a lawsuit.

            So these Mesh manufacturers did NOT go out and purchase $2 Billion in insurance just because they “could” cause a mass tort situation. They purchased $50 million or $100 million because that’s all they thought they would lose.

            TRUST ME… the insurance limits have been included in all of these settlement offers. I am sure those funds were tendered immediately.

            But 90% of the settlement money in these cases is going to have to come straight from the manufacturers’ coffers.

          • Me says:

            Anonymous-

            I would ask that you read my comment again …as clearly I wasn’t attacking anyone, In fact I was stating my opinion that we should not be attacking someone. Clearly you misunderstood and have put more drama into it then is deserved and as for foul language, your right I should have put shoot or darn, on a public forum, but I didn’t. Don’t make more of it than it is. I was not just cussing AT someone, it was an expletive in a sentence helping to explain my incompetence in spelling.

          • anonymous says:

            you know what this site this is not what it used to be so I wish you all the best but until we stop what’s been happening which seens to me is a downward spiral on this site and I hear about it from somebody else I’m gone. I came here for education and support and I just see what seems to be to me frustration and anger negativity. we all have it but to take it out on each other is just sad. I need to stay as positive as I can right now so I wish you all the best I’m sorry you got hurt I’m sorry this all happened so please try to be supportive of each other even when we say that we should have those screw up sorry for you send anybody with these thoughts I don’t mean to

          • anonymous says:

            Meant to say if I offended anyone I am sorry

        • Kitty says:

          Hello ME—-its best if you do not respond to the prim and proper self righteous bullies that tell you how to communicate. We all have a slip of the tongue— Take care of yourself and get the best medical treatment that your money can buy..

          • me says:

            Thank you Kitty

            I’m actually in the process of searching for a surgen for my 6th surgery as we speak!

            I’ll keep you in my thoughts as I’m searching for the best one!

          • TGK says:

            Compassionate individuals asking you to practice civilty and respect are not bullies. They are trying to stop miplaced criticisms and steer comments in a healthy direction. Some don’t appreciate cursing regardless of context. “Me” seems to understand. She contributes quite often. Jane A. has asked you to be helpful and civil or refrain from posting. Thanks to thoughtful contributors who reach beyond their disappointment and pain as to share their experiences and help others on this journey. MND was created for this purpose.

          • anonymous says:

            I don’t believe there are any self-righteous bullies out here rather people who are trying to stay positive in an otherwise very dark world that we live in. getting mad and taking it out on each other serves no purpose but to destroy us all. maybe it’s because I’ve been going through this for a long enough to know that getting mad upset yelling screaming taking it out on each other serves no purpose really at all it does not change anything it does not make you happier in fact it can make you more upset we all want this to be settled we all want to go back to our normal lives ( many will never be normal again) we all want to just sometimes stay in bed and hide our head under the pillow and wait on the attorneys and the company’s I’ve learned I will lose the rest of my life if I do that so I choose to be positive and try to go forward and do the best I can each day and almost pretend there is no settlement. I really have no choice but to trust my lawyer and I do. yes Hal should answer questions he took the first step by coming out here and posting now he should answer questions if he’s asked them as to the rest of you all I can say is God has told me just to wait and it’ll be okay and the one thing I’ve learned through life is yelling and screaming and tearing each other down or accusing or being suspicious of each other just makes you feel more miserable I really am praying for each day even the attorneys and the company’s that everyone can just come to some kind of up there agreement and we can all try to go on with life the only other choice is not one that I really want to do. I wish we could change the world but realistically we cant. I just don’t have the strength. I wish you all the best.

  83. Richard Howden aka All Meshed Up says:

    Sandy, I tried to get involved with the Bard/Kugel Hernia Mesh MDL a few years back. The criteria that the Lawyers are working with is fluid and changes. I had signed up with the Johnson Group out of Austin, Tx for about 3 months when I got a call from some intern and was told that I no longer fit their criteria. No explanation until I found out later that they decided to go after women with Gynecological Mesh. And that was the end of that.

    The Lawyers have a set of standards that the Mesh Injured must conform with concerning length of time, how much damage and surgeries etc.. If you have had other abdominal surgeries, are a Felon, a former or current “Drug” addict, are grossly obese, have diabetes etc you are considered not acceptable for their MDL proceedings. I know, it sucks buut we have no say in those matters unfortunately.

    Best Wishes to you and your Wife………

    • sandy says:

      my wife is not a felon or drug user or obese not diabetes of any means

      can not have surgery due to uncontrolled hypotension.she has had a

      pain stimultor put in that helps controll pain. they have all the doctor

      papers and ssdi papers to show everything that would be needed

      to compansate her for the mesh that was put in 2012 that her body

      rejected in 3 months time.she cant hardly walk or due anything for

      herself.

      • anonymous says:

        sandy I would contact your law office and ask them questions about this I hate to tell you but many of us have been waiting a lot longer than 2012 this is a waiting game and all we can do is let the attorneys do what they need to do and at the end decide whether or not what they offer us is what we want to accept or take it to court I wish I could tell you that this will be over soon but no one knows we all need help we’re all trying to do the best we can all I can tell you is do a lot of praying and God will get you through this I understand about the pain she’s thru the disability fight the Social Security benefits etc some of us can’t even get that for what reason I don’t know but if you’re looking for a fast answer to this mesh issue then I’m sorry to tell you there’s nothing speedy about this I’ll pray for you and your wife but the best thing you can do is talk to your attorney perhaps you willing to settle for a lower amount if you need the money I don’t know your situation Sandy this is a long drawn out process even after the agreement is made I’ve heard it can take months and years to get money I wish you guys the best hang in there and try to be patient and take this to your attorney after all that’s what you’re paying them for. all we can do is wait upon God’s timing and it will come to pass

  84. NOT TRUE says:

    Richard Howden aka All Meshed Up says:

    April 28, 2015 at 9:16 am

    Sandy, I tried to get involved with the Bard/Kugel Hernia Mesh MDL a few years back. The criteria that the Lawyers are working with is fluid and changes. I had signed up with the Johnson Group out of Austin, Tx for about 3 months when I got a call from some intern and was told that I no longer fit their criteria. No explanation until I found out later that they decided to go after women with Gynecological Mesh. And that was the end of that.

    The Lawyers have a set of standards that the Mesh Injured must conform with concerning length of time, how much damage and surgeries etc.. If you have had other abdominal surgeries, are a Felon, a former or current “Drug” addict, are grossly obese, have diabetes etc you are considered not acceptable for their MDL proceedings. I know, it sucks buut we have no say in those matters unfortunately.

    Best Wishes to you and your Wife………

    “THIS IS NOT TRUE!~ I REPEAT, THIS IS NOT TRUE!!!!!!!!!!!!!!! EVERY CASE IS DIFFERENT! BE CAREFUL WHAT YOU STATE TO OTHERS!!!!

    The Lawyers have a set of standards that the Mesh Injured must conform with concerning length of time, how much damage and surgeries etc.. If you have had other abdominal surgeries, are a Felon, a former or current “Drug” addict, are grossly obese, have diabetes etc you are considered not acceptable for their MDL proceedings. I know, it sucks buut we have no say in those matters unfortunately.

  85. NOT TRUE says:

    “Jane Akre says:

    April 27, 2015 at 4:05 pm

    This all raises a question-

    If you could have surgery paid for OR money, which would you choose?’

    SURGERY!!!!! GET IT O-U-T. MEDICAL NEEDS FIRST, BECAUSE POSSIBLY AT A MUCH LATER DATE, THERE MAY BE A FUND FOR TREATMENT OF REVISION SURGERY, BUT YOU MAY NOT BE ABLE TO HAVE BOTH THE SURGERY AND THE MONEY!! THE CARE, TREATMENT, SURGERY, AND RECOVERY COULD WIPE OUT ANY MONEY YOU RECEIVE.

    • Jane Akre says:

      Good point- other things could get in the way of the surgery if you don’t put health/ healing first….

      • msm says:

        Jane,

        if they did set up a fund, who would be in charge of approving and disapproving surgery? Does the keeper of the funds determine which doctors are acceptable under their standards (like the “in” or “out of network” used by insurance companies to reduce costs). How long would the process take from the request to surgery? What would be paid for travel and expenses or post-surgical needs? Would there have to be exams by independent (their) doctors who submit their opinions on the efficacy of a treatment or surgical procedure?

        I’m trying to answer these myself if I can find the info for the asbestos funds and any others I can find. Their must be a standard process of some sort. Do you know or can you find out how it usually works? Or maybe Hal knows?

      • msm says:

        I think I found my answer. Between these two sources, it is pretty clear that a litigation trust would be a fiasco and no one wins. (I’m not referring to a “Special Needs Trust)

        This article provides some hard-to-hear truths (in my opinion) about the current situation with mesh lawsuits.

        http://meshmedicaldevicenewsdesk.com/the-difference-between-hope-and-despair-same-facts-different-way-of-telling-a-story

        This article is specific to Mesothelioma but gives an idea of what a similar trust might look like if you substituted “mesh” for “asbestos”.

        http://www.drugwatch.com/mesothelioma/trusts/

        “Once a trust is created for a company, claimants can no longer file lawsuits against it. Instead, compensation can only be attained by filing a claim with the trustees, who operate the trust to benefit future claimants.”

        “Awards are given on a first-in, first-out basis, but most claims cannot afford to pay every claim in full. To ensure that there is enough compensation available for future claimants, trusts discount awards by a rate known as the payment percentage.”

        I think I have an (overly simplified) understanding now. A litigation trust is a fund set up by the court when a company(s) goes into bankruptcy and is limited to the assets(or a portion thereof) of that company as determined by a bankruptcy judge. Thanks to bankruptcy laws, the company will most likely morph into a “reorganized” version of its former itself that is not held liable for previously filed lawsuits.

        To receive compensation from the trust, claims must be filed by each individual and similar records and “proof” are required as with any other settlement. It is a long process that would not provide anyone with more compensation than they might receive under a global settlement. It would almost surely result in less since the trustee must try to insure that there are enough funds left for everyone, including future cases.

        In contrast, a “Special Needs Trust” is set up individually after the settlement agreement is reached to protect the SSI and Medicaid benefits of the individual because these are based on assets. This is not needed for SSDI as it is not based on assets but on disability only.

        Hal, please correct anything I got wrong. Hopefully it is not TOO far off. Thanks for your help.

        For anyone wanting to wade through similar topics with more legalese, here is an article from The Bankruptcy Law Review which is “a collaboration of expert legal practitioners and academicians who write about both the legal and public policy aspects of corporate bankruptcy law.”

        http://bankruptcylawreview.com/blog/litigation-trusts-and-bankruptcy

        • Jane Akre says:

          Thank you so much for your research. It is greatly needed. I’m trying to arrange a Q and A with a couple of special needs trusts now.

  86. NOT TRUE says:

    Bejah says:

    April 26, 2015 at 11:09 pm

    Trying to lo learn more about the toxins emitted from the mesh as it breaks down and perhaps before…reading about

    * alkoxy radicals

    * peroxy radicals

    * hydroperoxide

    * estrogenic mimiking chemicals and link to cancers

    * nonylphenol leeching out of petro mesh

    * neo antigens damage human serum albumn

    This list is from one of our community in England. I am using it as a starting point. I want to know the whole truth. I will enlist old friends at the University of California in Chemistry and at the School of Medicine and dig as deep as I can into these mesh products implanted in our bodies.

    I have the impression that it may be wise to limit the amount of iron in our bodies.

    BTW I have been using Estroven, an over the counter supplement that seems to assist with hormonal balance. It is $20 for a months supply at the pharmacy. It is important to use a Premarin like cream to build up tissues post menopause and this may also combat effects of toxins leeching from mesh. This is just theory and based on personal experience. Also take Hormone Replacement Therapy if you can, max .625 per day to limit possibility of cancers. Some of this is expensive, especially if you have no insurance. Some companies will help if you contact them and give you samples or lower the cost for you on individual basis. This is hearsay. It never hurts to ask. Some HRT costs more than others. Keeping your body in balance should keep you alive longer.

    Sadly we can not believe doctors any longer but must research their recommendations before deciding if we wish to follow them. That is our right and responsibility to ourselves.

    Do not eat genetically modified food. This is produced by big corporations. It is not natural and it is good for profits but not good for you. We should get back to planting our own vegetable gardens. It is not as hard as you think and good for your children to see how real food grows…what a miracle it is. Get them involved. Good for family, bad for General Foods. Say “no” to excessive sugar and salt. FIght back. They do not care if you die. There are millions of consumers to take your place.

    Bejah

    Reply

    ___________________________________________________________

    Bejah,

    You are really amazing. Right on target and exceptionally knowledgeable and straight forward. Thank you for being here and to Jane for the forum. And to all of the attorney’s and doctors and medical staff members for being here and taking the time and interest to care.

    ____

    Mary,

    You would fall out of the chair if you knew who some of the people who post here to help mesh victims really are. I figured out a couple of them, and I smiled and thanked G-d profusely that they come here and want to give of themselves. There is no trickery. There is privacy that needs to be maintained and for all the right reasons.

    • addison says:

      Dear “Not True”,

      Your insight, kind words and positive attitude are very much appreciated. Thank you, and have a great day! : )

  87. NOT TRUE says:

    crystalclear says:

    April 23, 2015 at 7:38 pm

    That is incorrect.. Attorneys caring a bunch of cases do not carry anymore weight then a lawyer with a few cases. You advocate must work for a big firm. Hence your comment so you can get more women to sign up at the last minute. Don’t worry Dorothy, you dont need a firm with a bunch of cases to come out with a fair settlement.

    Reply

    ____________________________

    And some might think you are not a mesh victim at all, but are part of the defense team for an employee of a Pharm Companie or you are hired & involved with the pharm companies to place doubt on the women who come here to learn from the blogging attorney and other lawyers and doctors.

    In my experience, most all of the mesh attorneys blog. Google TVM/Mesh Lawsuit and see how many attorney sites come up. I would never hire a doctor or lawyer who did not blog. It does not matter where they blog (which means write), either on this site, or on their own site, but most of them wrote novels about mesh and other legal related matters.

  88. Richard Howden aka All Meshed Up says:

    Hello Sandy, please do not think that I was saying your wife was a drud addict or anything like that. What I was trying to impart is that when it comes to being “deemed” worthy of participating in an MDL process, sometimes the “criteria” is not as obvious as one would think.

    I was implanted with Prolene Mesh in 2006, had to have it removed for emergency reasons in Jan. 2008 when a Bard/Kugel was installed to repair the hole that the Prolene left when it was removed. I have talked to more Lawyers than I can remember and that includes every major Law Firm in the United States AND Canada. I have blown through my Statute of Limitations long ago but even when I was within it, I could not get a Lawyer to represent me. That, unfortunately, is one of the many problems associated with being Mesh Injured.

    I would have to say that there is not one person who has been implanted with Surgical Mesh that knew with all of their being that they would have a solid Lawsuit because “I was implanted with a Medical Device that went bad”. It would make sense to anyone ( and this again is another problem with being Mesh Injured ) that if you were so badly damaged by Mesh, no matter the circumstance, causing irreprable harm, multiple surgeries etc etc, that the Manufacturer/Doctor would be held responsible. If you were a dog or cat and were harmed by a pet food or treat, that would indeed be the case.

    But Sandy, we are talking about Surgical Mesh injuries and we are NOT treated the same as others harmed by Medical Devices or Prescription Drugs. The fact that Mesh injuries have been going on for over a decade, with many different Manufacturers and dozens of designs and uses with very little done by the FDA as compared to what has happened when Fido or Fee Fee died from tainted food is beyond most peoples understanding. But that is what has and continues to happen to the Mesh Injured throughout the World. We are marginalized, categorized and finally forgotten.

    We, in most cases, look totally normal. But anyone who knows you, knows when you are hurting. It becomes more obvious over time but for the most part, you look totally normal unless of course if you have to show your belly or pelvis, the story changes quickly. Until the FDA recalls all Surgical Mesh, we will not see any major changes to what you and I are experiencing when trying to get representation.

    • sandy says:

      I was not thinking that at all. only she know how this as affected

      her the most i only have to stand by her through the hard times

      thats my job as her husband. we will get through all of this God

      is watching over us and he we guide us. THANK-YOU

      • Bejah says:

        It is so sad to see how many men leave their wives ove this instead of standing by them in keeping with their vows and the most basic sense of decency. Shame on them. Thank you for illustrating the other side of this. It is very difficult I am sure and the mental component must be far greater than many people think. Thank you for your courage and strength of character. You are an example to us all of right conduct.

        Bejah

  89. Richard Howden aka All Meshed Up says:

    To “Not True” or who ever you are: What I stated is true and I have enough experience in this to be able to say it. I do not know who you are but anonimity seems to give you license to spit out alot of stuff without a titch of credibility. Which is one of the problems I have found on other sites where we get someone on that says alot of mean, stupid, uninformed drivel and does it with no identity. Thank you for participateing.

    • addison says:

      Richard – My family, close friends and I have looked to MMND for information and answers over the past couple years. You’ve provided words of encouragement to those of us struggling and do what you can to help us recognize certain realities. I’m sorry to hear of your struggles. It appears you don’t forsee finding legal representation; however, you continue to kindly engage and support those who have. You seem like a very nice man. Many in your situation wouldn’t help others due to disappointment or jealousy. Thank you for your contributions, and I hope more can be done for you. God bless you.

    • Kitty says:

      Richard…………Carry on You along with Mary Blanks and others have been pioneers of honesty and are greatly admired for this. So many posts——we dont know who is who Am I a man or a woman? Usually one can tell if it is a man or a woman by thier communication or slip. Anyway appreciate your input and look forward to “Coming Out” in DC.

      • hope says:

        It doesn’t matter if a comment is by a man or a woman. Everyone is welcome. There are mesh injured men and women, and if a spouse wants to comment, he or she can and should.

  90. Dorothy says:

    Why is it that mesh injured ARE having such a hard time proving their case’s ( ten words or less). It’s hard to understand.

  91. Dorothy says:

    Maybe it should be, why no respect for mesh injured.

  92. Richard Howden aka All Meshed Up says:

    Dear Addison, Kitty and all the rest of you, Thank you so much for your kind words. You cannot know how much it means to me.

    The reason I try to help and inform other Mesh Injured is because I have experienced what many describe what they are going through. Multiple surgeries, infections, scarring and continueing pain has become my life over the past 8 1/2 years. If I had not started a conversation with Bruce Rosenberg back in 2007, I doubt I would be here today. Whether it is just my personal make-up or because I am a Combat Veteran, I hate not being able to control what is happening in my own life nor do I like being lied to. It took me a long time to find out exactly what happened to me and what I might expect for the future after my first implant. I had no idea that I would not be able to get a Lawyer much less never to be without a Mesh implant back then. The frustration, horror and absolute anger I had as I became more educated about what the Mesh had and was doing to me was almost overwhelming. I am recovering from my 5th and 6th surgery now and I cannot believe what has happened to me since I was first implanted. If I can help someone skip those first years of frustration in trying to find out the what, why and how of being Mesh Injured, I feel that my experience at least was not a total waste. I feel that I am one of the lucky Mesh Injured as I can still be up and around doing many things that I enjoy. As time goes on, my symptoms are getting worse with infections and the pain, as is the case with most Mesh Injured. So I will do what I can for any Mesh Injured that ask and hope that they will benefit from it until I cannot help any longer. I will also be the “Fly in the Ointment” to the Mesh Manufacturers and the FDA for as long as I can or until all Polypropylene Surgical Mesh is recalled. You have to have some goals in life!!

    Thank you again for such kind words. Best Wishes…………

  93. me says:

    Question-

    If the special master gets a cut

    Does that mean that person is not

    Employed and does not get a regular salary?

    Or is the % they make more like a

    Tip for them doing the job they are hired

    And paid salary to do? Just curious …

  94. Ann says:

    Is AMS going to settle with one check to each plaintiff if the 90% agree to the offers, or will they make payments? Does anyone know how the settlement will be executed?

    • ToniB. says:

      Ann, from what I’ve heard and read about, the smaller amounts, such as let’s say 50,000.00. The lawyer gets 33.3% or 40% off the top. If you have any lines such as medical bills, they will be paid and then what’s left you will get as a lump sum. For larger settlements the same thing applies, and depending on how you, your lawyer and the company agree on, you get a structured settlement paid yearly unless you agree and stipulate you want a lump sum. All cases are different so it could go either way. It is a discussion that you should have with your attorney. Hope this helps a little.

    • anonymous says:

      your attorney should be explaining all of this to you and going over it with you if he’s not or she’s not then I wouldn’t be paying them

      • Donna says:

        They will explain it to you when your case gets to this point. With so many cases, it will be a while for most to hear much of anything as an individual.

    • Bejah says:

      Hi Ann, I think what everyone is saying is they do not really know. I do not think any of us do. They are not being dismissive, just trying to respond to you somehow. I guess it is fair to say we are waiting, not too patiently. Live your life, and do not dwell on this too much even though it is hard and the thoughts of it tend to be intrusive, try to enjoy each day. After all it is your attoney’s job to do all the hard work they have been trained to do. I might rattle his or her cage every few weeks. Take care,

      Bejah

  95. Me says:

    Richard…

    I have been reading through your past post because you seem to have a grasp on so much they have been interesting, informative and insightful to say the least. I just want to thank you for so much information and am hoping one day you find relief and happiness in life again. You are an inspiration.

    Love, Prayers & Hope,

    Me

    • Bejah says:

      Second that….praying for Richard. The first time I truly realized the power of prayer was when my mother died. I attended a rather large Episcopalian Church at the time, one that was exceptionally active in the community and had a large membership and three services, yet it was not a stadium sized church but a very beautiful intimate church, larger than many though, but enough about that. When my mother died the congregation prayed for me for a month until I told them I was OK. I could actually feel something like a bubble or a cloud around me and a protective and nurturing feeling. It was stunning. I have been a believer, a “knower”, since I was a child but had not experienced this before. So, I know that when we pray for Richard and others who have known such devestation yet continued to be there for others, turning their anguish into education, their pain into comfort for others, those prayers are very powerful. The one requisite I guess is that one have faith. It seems to be true that when we comfort others we are ourselves comforted. If I were a yound mother now I would do my best to instill in my children a sense of service to keep their compass heading on “true north” (coincidentally the name I gave my baby Percheron X Stallion, his mom was a Percheron and his sire was a Fresian. He was black with a white star, a perfect white star on his forhead). My OCD makes me digress, I can’t help it! So keep praying people, GOD knows we need it. Wishing all plaintiffs a lovely weekend no matter what.

      Bejah

  96. Bejah says:

    Hi People: Someone asked to see the Marlex Data Safety Sheet. It is a 10 page document in Adobe format. I can not paste it here, too large I think. Here is a quote from it and the I-Net address where I found it. If it appears in several locations there may be some value in comparing to see if all are the same, I expect they must be but who knows. Maybe someone would like to test that.

    MEDICAL APPLICATION CAUTION: Do not use this material in medical applications involving permanent implantation in the human body or permanent contact with internal body fluids or tissues fluids or tissues.

    Do not use this material in medical applications involving brief or temporary implantation in the human body or contact with internal body fluids or tissues unless the material has been provided directly from Chevron Phillips Chemical Company LP or its legal affiliates under an agreement which expressly acknowledges the contemplated use.

    Chevron Phillips Chemical Company LP and its legal affiliates makes no representation, promise, express warranty or implied warranty concerning the suitability of this material for use in implantation in the human body or in contact with internal body fluids or tissues.

    http://www.cpchem.com/msds/100000000590_SDS_JP_EN.PDF

    Hope this is the correct document and helpful. Please check with Jane or others more knowledgeable.

    Bejah

  97. kitty says:

    you are riding high Bejah. I can picture u on your horse. You Are——an authentic flower child. Be well my friend.

    • Bejah says:

      Wow Kitty, you are right. I am a flower child, always have been, always will be and love, love, love horses. Very perceptive. If you see anything in your “minds eye” about the evil doers do share with us. I’m willing to bet we all believe in intuition.

      Peace and love,

      Bejah

  98. Me says:

    I found this online. Thought it very interesting page 58 ….

    http://www.med.unc.edu/surgery/plastic/hidden/grabb/Chapter%207.pdf

    • Bejah says:

      Thank ME. Very interesting. Also interesting is the fact that many people have medical devices of another type like pacemakers for example, or metal hip or knee replacements and never had a foreign body response to them. The body knows when something is poison. That is why we throw up when we eat bad shrimp, and the body pushes out the splinters we get from wooden gates, etc. The body’s response in so many cases where this petroleum mesh was used has been rather violent and severe by comparison. We need to figure out why. It is important in our ongoing effort to refine our knowledge of medical science as we move out into the Universe and and learn to protect walk softly on our home planet.

      I wonder what the bi products of this mesh are, what is the production process, what additives are included in the raw material and in what proportions? Can someone please help us find out the answers to these and other questions. If we can get an answer to one question it may lead us to something important.

      We must continue. We must establish an organizational structure so we do not duplicate efforts. We must not just go and protest althought that too is of great value. We must also research and try to get funding for activities and other efforts. Are any among us experienced fund raisers?

      Nodding off and signing off,

      Bejah

      • addison says:

        Hi Bejah. These are good questions. Do you think the problem lies in the combination of implant composition (materials used), placement (where the products are implanted) and individual response or sensitivities?

        • Bejah says:

          Hi Addison, Well first, good question (Back at ‘ya). Seriously I am not qualified to answer this but one thing I have learned in life is that most often there is more than one reason something happens, more than one causal factor and a catalyst that triggers something more critical is often an array of these. I expect that would be my answer to your excellent question.

          Bejah

      • Bejah says:

        OOps! sentence one should have read “Thanks ME”, not “Thank ME”. Totally embarassing, sorry.

        Bejah

  99. Me says:

    I’m not sure the exact thing that I read one day but I recall something about its the location of the sling…either not enough oxygen gets to it or the tissue or well something in that line, that is why they are trying to say hernia mesh is not the same…the area it is in does not react the same…I don’t know the facts clearly (my sister calls it mesh mind) and I should probably not even be repeating anything but fact, but I just recall hearing something like that. Could anyone set me straight on it?

    Thank you

    • Bejah says:

      And I remember something about pore size being an issue and I think related to contamination by bacteria because of that but would need to pull up the reference.

      Bejah

  100. addison says:

    Good afternoon, ME. Are you thinking of the controversy surrounding implants in the vagina due to it being considered a clean-contaminated part of the body? I read this in a Common Health article a couple years ago: “Michael Thomas Margolis told the FDA’s advisory panel in September that the very concept of transvaginal surgery using synthetic mesh “defies core surgical doctrines” because the vagina is defined as “clean-contaminated” due to its normal flora, including Staph and E.coli bacteria, which “can not be surgically cleansed from the operative field.”

    • kitty says:

      The V is really what’s at issue. High vascularity

      • Bejah says:

        Right, someone mentioned “Hypervascularization” the other day so I went looking for more information. We should all read about this. Information equals empowerment. Your attorney may be handling things for you but you need to be informed so you can have meaningful conversations with them, and ask important questions and learn if your attorney is as informed as you hope they are and paying as much attention to your case as you expect them to.

        Bejah

    • me says:

      Thank you addison. Maybe that’s what I was thinking…I just know there was a reason the vaginal mesh was different from the hernia mesh according to what I read. It must be because it is clean contaminated. but that is not the reason for foreign body response that must be all chemical related, correct?I just know I have never been this sickly all my life and then I get this thing in me and it’s all downhill from there.

      • addison says:

        You’re welcome, ME. I wish there were more answers, too. Not knowing makes everything more difficult. Has therapy helped you in any way? Do you think extensive therapy can help even if portions are left behind? My grandma often tells me of miracles she’s heard of or witnessed, so I keep trying to think of these and pray for one. It’s hard to stay positive, especially over such a long period of time. I haven’t read much about the vascularity and will try to do so soon.

    • addison says:

      Sorry for the mess above, ME. Your eyes must be sore from all the double quotation marks! Note to self: Proofread before submitting comment.

  101. msm says:

    In reference to infection, reaction, etc.

    All of the above plus pore size. The larger the pore size, the less chance for infection (unless infectious bacteria are introduced at the time of implantation).

    Tension also matters as it can cause the sides of the mesh to curl creating abrasive edges.

    Interesting and pertinent articles below:

    For hernias:

    http://onlinelibrary.wiley.com/doi/10.1111/j.1469-0691.2004.01014.x/full

    For urogyn uses:

    http://onlinelibrary.wiley.com/doi/10.1111/j.1469-0691.2004.01014.x/full

  102. me says:

    Lol, trust me I understand!!

  103. Ann says:

    I am looking for information on how to cleanse the toxins from my body if possible. Does anyone have expertise in how to remove the poisons from my system now that the mesh is gone and allow healing? Is that Possible?

    • addison says:

      Hi Ann. I don’t know much about toxins, but my doctors stress the importance of a good probiotic and Vitamin D supplement along with plenty of rest and a healthy diet, including many fresh vegetables and fruits. Drinking plenty of water and avoiding excess sugar, caffeine and alcohol also seems important. Exercise is difficult or impossible when facing chronic pain and illness, but I imagine it helps the body remove toxins. My pain specialist recommends arm and other upper-body workouts to those of us struggling with other forms of exercise. Good luck with your recovery, and may God bless you.

    • Bejah says:

      Ann, It is often recommended that one fast for a day or two using a juice fast for example but I know nothing about this and strongly recommend that you make an appt. with a holistic health practitioner for guidance and to put together a good plan. Avoid quacks! Check physicians background first at state medical board and online sites like Vitals,com where you can research physicians.

      Personally, I would recommend that you consider:

      1. Platinum Performance Immune Formula

      2. Colostrum (Only the one by Jastrow)

      3. Drink Ensure with meals for a couple of weeks

      4. No coffee or alcohol or coffee for a couple of months

      5. No spicy food for a couple of months

      6. If your body wants a nap have one, even a cat nap

      7.Live quietly and peacefully as possible until you feel better (You may feel tired for awhile)

      Keep in mind that it will be a year until you are fully recovered…although there is much we do not know about this, about what the exposure you had may do to you, You may always have residual effects, like a ghost in the machine, or in medicine what are often called artifacts left from the experience.

      You should resign or commit yourself to a healthier lifestyle permanently. Remember you are one of the lucky ones.

      Bejah

  104. Kitty says:

    Ladies and Gentlemen: my sincere apologies to anyone I have offended with any obnoxious comments. This AM I have found the cure to pelvic pain—-especially those with inability to walk more than a few blocks if even that.

    STOP pain medicine

    Go to Walmart

    Get 1 pak of cocktail plastic cups

    Pour large shot glass of Irish Wiskey into cup —- Jamisons preferred

    add 1 sugar cube and let disolve

    add large spash of angastora bitters

    add spash of selzer water

    garnish with orange, and lemon slice and -cherry

    sit in sun —pain will leave you for short period

    • addison says:

      Getting your Vitamin D, too!! 🙂

    • addison says:

      My Vitamin D levels have been very low the past few years, so I need to take your advice. School is out soon, and our kids will be spending a lot more time outside. We have a couple of those poolside reclining chairs which might work well on the deck with a cushion or quilt on top for softness and padding. I’m pasty white and could use some coloring, too!

    • Bejah says:

      Kitty, You are a hoot! Actually that sounds really wonderful and I am going to try it. FYI when I was eco-camping in St. John we took a boat to the British Virgin Islands and wound up at a beach called I think “The Boulders”…huge boulders half in the turquise water, really beautiful, and a cute little shack on the beach, home of “The Painkiller” which was very good rum with several fruit juices…also made the pain withdraw into its cave and all over the Virgin Islands rum is known to have that lovely medicinal value. I keep a bottle of good rum in the pantry and it has never failed me BUT I have ONE drink a day and never before 3-4PM, OK maybe around 2PM sometimes. Thanks again Kitty, that was sweet on a couple of levels.

      Bejah

  105. me says:

    Omg that’s took funny! I’m gonna try it!!!

    • Kitty says:

      Oh Yes the Vit D is essential Stay happy We will survive!

      • Bejah says:

        Hey guys, We should add that it can be very dangerous and even deadly to combine drugs and alcohol. Be very careful, and be responsible. Remember the goal is to stay alive as long as we can.

        Peace,

        Bejah

  106. me says:

    Yes we will. But it’s been a long rough road..

  107. me says:

    I was told by my office that there is no tier…she acted as if she knew nothing about tiers and continues to hold to my case being reviewed as an individual case when the time comes.

    But it’s the evasive answers and the “we continue to work on your case” . Well that’s the problem I want to know what they think of my case as well. I have never Been diposed and there is a lot I have to say that I think could make a difference in the”how much” department.

    • Bejah says:

      ME, This does not sound good to me. Consider where you found this attorney. Did you research their credibility before signing an agreement with them? Get that agreement out and read it carefully. See if you can consult with a volunteer attorney who donates their time usualy through community centers or senior centers (should be OK even if you are not a senior citizen). Ask that person to review the agreement and your interactions with your lawyer. Ask your lawyer if your case has been filed and if it has not been ask them why. Ask them to send you copies of any documentation related to your case. If they ask why, just say you want to be better informed. Get your case number. I would think that it may not be part of a tier if it is not part of an MDL. Ask your attorney why your case is not part of an MDL and tell them that you would prefer that it is if that is your preference. You need someone to advise you. You might contact NOLO in the San Francisco area. They are a good resource. Also, if there is a law school at a university near you go there for help.

      It is not beyond the realm of possibility for an unscrupulous attorney to try to work a deal with the defense, essentially selling you out. Make sure you know who you are dealing with to reduce the chances of that. Finally contact the local and state bar association regarding this lawyer or law firm. Speak of your concerns. They should have some sort of DBA number (Doing Business As). Get that number. If necessary you can send a letter to your state attorney general for further assistance.

      If you can, you may want to change law firms. You can cite her failure to keep you informed or take any action on your part. If you decide to do this do not call her to talk about it just do it. You will probably need to send a certified return receipt letter or a registered letter. Seek advice from a professional before you do anything. I am not knowledgeable about these matters and want only to give you some ideas that may be helpful. Others will offer ideas as well. Speaking of recording conversations maybe you should record a conversation with her. I expect when you ask her she will balk. BTW is “she” an attorney or a para-legal? Do you have her full name? Is it the name on your agreement? Do you have a signed agreement? If not you can, I believe, seek representation elsewhere.

      Take care,

      Bejah

  108. me says:

    Thank you Bejah,

    Believe it or not they are on the steering committee…. You know, I was just thinking…what is the steering committee and how many are on it? They actually used that info to tell me because of that their cases will be among the first settled. Starting to believe that’s not true either…. I checked though and my case is filed,is part of the MDL and their Web site says that front and center…..but is it true their cases will settle first????

    Doesn’t even sound right…

    • msm says:

      If you go to

      http://www.wvsd.uscourts.gov/

      You will find your MDL listed in the lower center of the page. Follow that link and you will find some (but no all) of the documents including the steering commitee lists. As one example, here is the AMS link:

      http://www.wvsd.uscourts.gov/MDL/amsinc/pdfs/2325Steering%20Committee,%20Lead%20and%20Liaison%20Counsel.pdf

      If you look at the list for each MDL, you will find they are essentially the same. You’re probably wondering (as are many) how can the same people “steer” six of the seven MDLs? While it does simplify things for the court, how can an attorney representing thousands of clients in each MDL, possibly follow settlement negotiations and pre-trial proceedings for all of the cases equally? There are always assistants, associates, and partners, but are they all on the same page? Will some “Special Masters” be in charge of overseeing the settlement processes of more than one MDL? Will the same resolution firm be used for all or most? Can you say overload??

      Is the push or focus to settle or group the majority of the cases? Will the others fall through the cracks? Will the exceptional or most severe cases be left until last as the years pass by? Will they be the ones whose cases are tried so that millions are awarded while the clients might rather receive a lesser settlement to survive now rather than hope for a future? Will they be asked by their attorney or will it be decided “on their behalf” but without their knowledge of the current discussions and negotiations? I am hopeful that the majority of attorneys (who are ethical, hard-working, and caring) will consult with their clients and honor their wishes.

      Many mesh victims chose the “big names” based on a firm’s involvement in the steering committees thinking they would be sure to have their cases front and center. It seems there is no advantage and it might just be the opposite. If a smaller firm was hired, there’s a chance they “brokered” the case and they will share their “cut” with a larger firm. Then there are the small firms who will not broker a case. When will they be heard? Will they be bumped to the bottom of the list (so to speak)? Will clients of any firm get preference over another? Does it truly depend on an attorney’s skill, determination and dedication or is it a “who you know not what you know” situation? Is it first filed = first served? (It appears to be the opposite).

      We’ve seen some settlements recently for clients represented by attorneys from relatively smaller firms in Houston, TX (4-5 members as opposed to 40-50+). Will those smaller firms be able to bring each of their clients’ cases to a satisfactory end before the big firms involved in the $830 Million AMS settlement are able to bring each of their clients’ cases to a satisfactory end? Will each case take longer because it is one of thousands? Are the big firms currently processing those cases and how quickly ? Is everything on hold while they handle their duties as members of the steering committees?

      It can be said that there are pluses and minuses for firm size and steering committee involvement. Make your own decision. Most are locked in and can’t change attorneys without paying the current attorney’s fees and expenses up to this point. Would hiring a different attorney make a difference?” Probably not. Unless you are asking questions and not receiving any communication or are finding evidence that your attorney is one of the few who are praying on women by promising big pay outs for no injuries or (heaven forbid) have a “conflict of interest”, there is probably no advantage to seeking a different attorney and which would you choose anyway? Large firm? Small firm? Steering committee or not? It would be nice to be able to rest assured in the hope that every case from every firm will receive the same attention. Realistic? You decide.

      Too many questions …. time will tell….

      • hope says:

        Good questions! Upon signing with the law firm of your choice, were you told the process would likely take around three years? This has come and gone for many, but the plaintiff attorneys likely thought mass settlements would be in place by now. Was there a mention of Judge Goodwin grouping similar cases and pushing them through quickly if settlements aren’t negotiated soon? Is there a good possibility plaintiffs will be offered a settlement or go to trial between this year and next, or do you forsee several more years of TVM litigation?

        • msm says:

          It is interesting that many of the bellwether cases were/are involving plaintiff who were implanted fairly recently.

          Other items of interest:

          Here’s a breakdown of AMS cases for anyone whose curious. It illustrates the progress since settlements were announced last year. This only considers the cases in MDL 2325 and not in other courts. These numbers are approximate and not meant to be used for legal, statistical, or uses other than general interest.

          Closed as posted on May 9,2015 :

          19745 total filed

          1946 total closed (10%)

          Total case breakdown:

          2 in 2011

          —————–

          Total cases filed in 2012 = 3030

          Total cases closed = 400 (13%)

          Closed in 2012 = 14

          Closed in 2013 = 34

          Closed in 2014 = 29

          Closed in 2015 = 313

          ———————–

          Total cases filed in 2013 = 10442

          Total cases closed = 1134 (11%)

          Closed in 2013 = 90

          Closed in 2014 = 95

          Closed in 2015 = 949

          ———————-

          Total cases filed in 2014 = 6028

          Total cases closed = 412 (6%)

          Closed in 2014 = 31

          Closed in 2015 = 381

          —————————

          Total cases filed in 2015 = 241(as of 5/9/2015)

          • Bejah says:

            MSM, Thanks for data. Do you happen to know how many of us have died to date from causes directly related to the petro mesh or where it is clear it was a causal factor.

            Bejah

          • msm says:

            The only way to know the deaths would be to search the public record of the state in which they lived. Also, there is no way to know how many of the MDL cases were closed as the result of death. PACER system might provide that. Even if you could find women who died after complications from mesh, chances are that few physicians would declare the cause of death to be the direct result of mesh or complications directly caused by mesh.

            Here is some of Jane’s great reporting on the Budke case.

            http://meshmedicaldevicenewsdesk.com/defense-experts-refute-pelvis-mesh-infection-theory-in-jj-death-case

          • Jane Akre says:

            Yes, for example. I spoke to a woman whose father had died after a decline in the hospital from sepsis. No one ever discovered the cause of his death or the reason for the sepsis. She looked at his medical records and found he had mesh placed near the colon. No one ever looked at that as a possible cause. His body had been cremated and she was heartbroken. How many cases are like that?

          • Donna says:

            Your numbers shows cases filed, not when they were implanted. My implant was 2008, with revisions 2 in 2014 and continued care; my case was filed in 2015. It’s impossible to tell who was implanted when, and when you could find an Attorney that would take the case, and then deciding to take that step to file a suit. I had pre-cancer removed from where the sling connected in the Vulva area. No one has mentioned whether they have had the same thing. It’s a very private areas to be discussing, but it needs to be discussed. I appreciate your breakdown. Thank you for that research.

    • Bejah says:

      Dear ME, I am so sorry but I do not know the answer to your question. Please get help from someone knowledgable. It sounds like you have a lot of things you need to have ironed out, explained. I would seek advice from someone other than your attorney and then go to your attorney and see what they say, if it is in agreement with what you were already told. It is very important that you feel you can trust your counsel. Some you can trust and some you can not. Now the vultures are starting to circle to pick the bones and earn a few dollars. Avoid these birds. Take care,

      Bejah

  109. msm says:

    So many have questions about autoimmune issues following mesh implantation so I wanted to post this here also.

    One leading manufacturer now lists allergy to polypropylene(PP) in their updated 2014 IFU.

    “Do not implant [ model name omitted ] in patients with known sensitivity or allergy to

    polypropylene mesh products.”

    This was not included in their 2009 IFU.

    Allergens that touch the skin can cause a skin rash, hives, itching, blisters, or skin peeling. Repeated exposure to some substances can cause an “acquired” allergy. One example is seen with Latex allergy in medical professionals after repeated exposure to gloves and other latex products.

    This makes one wonder if PP can cause an allergic reaction after repeated exposure as would occur with implanted mesh products. The reaction might not occur in all cases.

    Interesting questions arise…

    Could an allergic reaction account for the percentage of mesh recipients who do not experience problems with erosion, extrusion, etc. while others experience nothing but trouble?

    If a common allergic reaction from contact with an allergen is itching, blisters, or skin peeling, might that weaken tissues around the implanted allergen making those tissues highly susceptible to erosion?

    What does the body do with an allergen it can’t rid itself of?

    Could the body start to attack its own tissue as with an autoimmune response?

    Could the recognition of PP allergy/sensitivity finally be acknowledged by the medical community?

    Some will kick and scream when their “gold standard” and “cash cow” is threatened by manufacturers themselves. Others (the true healers) will recognize that the risks associated with mesh outweigh the benefits.

  110. me says:

    Bejah-thank you for your help. I believe I have it under control now! I have spent the last two days on the phone…usually telling whomever ” I would like to speak to my attorney”. Lol

    They treat us as if we are stupid and don’the know what our rights are! Thank you Again!

  111. Mary blanks says:

    Jane I’m so lost. How can they dictate to you what info you find and report on? As long as you don’t lie we do still have freedom of speech? How is your article hindering settlement. I haven’t even heard of one offer given ! This is so crazy! We have no quality of life, and everytime we turn around we find something else has been damaged with no solutions. Some days I just don’t know. If that info was true AMS should not be harassing you about informing us, they should be looking within themselves get in touch with their humanity, and have mercy upon women that there product has destroyed! Our injuries are real,our lives have been stolen, we must suffer with our husbands for inability to be intimate with them (those that haven’t left), the pain and nausea everyday of our lives is real! I could go on and on and on and on. AMS should be working on a way to compensate us accordingly instead of harassing you. They murdered us but left us behind to be an expense and burden on my family. The humiliation of it all.

    • Jane Akre says:

      Mary, I confirmed the settlement and the numbers so yes, it was true. However, it was felt that by going public it might discourage other companies from coming forward. I do not feel compelled to offer them immunity from the harsh light of reality, but if there is any chance that it might hurt others from receiving monies, then I made the decision ….it may be the wrong decision, but there are still so many women without any settlement monies. Ultimately I believe, as you do, that AMS should be scrutinized as should they all for their behavior. I’ll leave it there.

    • Bejah says:

      Mary Dear,

      You are peaching to the choir but that is OK, you say what you need to.

      We understand, if I may speak for us all. It is unbearable and yet we must bear it all, at least for now.

      Mary. individuals and organizations like this have no humanity to get in touch with in a very real sense. You expect them to be like you. They are not. One day when I was living in New York City for a couple of years I was crossing the street somewhere in mid town on the east side. I was walking across the crosswalk and a young black man on an old bicycle called out offensive sexual remarks to me and as he came along side of me I did something I should not have done. I expected him to be like me, to have the same values and code of conduct, and I slapped him across the cheek. I know now I should have ignored him. He pulled out a 12 inch knife and was going to stab me but a man appeared from nowhere and took the blow where his arm meets the trunk of his body. He lost permanent feeling in the arm. The black man ran away leaving one of his old tennis shoes behind. I do not know if the police ever found him. The point is that you are expecting this corporation to have the same code of conduct, the same humanity that you do. It does not and its principals do not just like in my case the young black man did not. I should have known that but I reacted, I was reactive, something we should try not to be. Those of you who end up going to trial should take care to remember NOT to be reactive in the court room and the counsel for the defense will try to push your buttons to get you to say things that you would otherwise not say for any number of legitimate reasons. If I told you that you were dealing with Satan I do not think you would be speaking of hope that they look within. They are not capable of seeing what they are.

      Bejah

      This may be a little far fetched but I hope we need not worry that some thug will be sent by the defendants to Jane’s residence and monkey around with the breakes on her vehicle. I hope she keeps her car garaged and knows to be street wise, I expect she does.

      Bejah

  112. me says:

    Now I’m confused. Why would it effect other companies? Do you mean it may upset other women to hear how low? I’m not sure I understand why it would stop them from settling. ..

    • addison says:

      Hello, ME. I remember reading that companies don’t like full disclosures because of the detail. Everyone can find the number of plaintiffs involved and the settlement offer, but the tiers and breakdown of monetary awards are unknown unless made public. For example, if a company decides to settle with 20,000 plaintiffs for 1.3 billion dollars, most who read or hear of the settlement assume that each plaintiff will receive $65,000 — a low number for the seriously injured. This might discourage some from filing a lawsuit. Average numbers are not always helpful in estimating case value, and plaintiff attorneys often discourage such discussions.

      Those who have learned that this type of master settlement is not split evenly as with class action — rather it is based on individual circumstance — still cannot calculate individual awards unless disclosed. When one company settles with most plaintiffs, it is often assumed that the makers of a similar product (the other companies) will follow. If this company publicly acknowledges the tiers of injury and individual awards, many will also assume that the others will construct or offer a very similar settlement. It is my understanding that most companies don’t want full disclosure in regard to liability settlements. They also don’t want to be compared or encourage lawsuits.

      There are likely other reasons, but I hope this helps. Have a great day!

      • Bejah says:

        Addison, Thank you for the clarification. BTW can we assume that there is no standardization in tier structures and criteria? Is there then a legal requirement to structure settlements using the tier method but beyond that corporations are left to determine the criteria within those tiers because perhaps of the wide variety in business models and the function of employees and customers or clients or end users? Am I understanding this correctly? What about variables within the established criteria. For example, if a 72 year old woman who was a retired banker is called back to work part time she is again a viable part of the workforce who is also supporting a disabled son who lives at home and her retired husband. The criteria states that a woman over 65 is considered less valuable than one who is younger, especially if she is not working. But in the example this woman is still working and is supporting two other people so can we assume this would be an exception to the criteria rule. I hope there is this kind of flexability and those who decide (BTW who decides, the oversight committee of the MDL(s) thoughtfully consider each case. Would they deny us even that?

        Bejah

        • addison says:

          Bejah, I’m sorry to hear of your frightening experience in NYC. You must have been terrified. It seems you have a guardian angel. Have you spoken with him since that difficult day? Thank you for sharing with us. How very true is your explanation of humans struggling to comprehend the actions and hearts or souls of others. Like Mary, I often find myself asking, “Why would/how could someone do that to another?” I guess all we can do is be thankful for the loving people in our lives and continue to pray for goodness, healing and the well being of others.

          • Bejah says:

            Addison, I have but not for a long time now. He saved my life I think. He is not sorry he stepped in and bears the scars valiantly. He is that sort of person. I think we both learned a lot.

            When I wonder how we can do the things we do to others it causes me to fear that as a species we are losing our humanity, that the survivors of the species will not be the ones who step in to save the life of another, but the ones who save themselves and more importantly think nothing of it. I fear that the disease of extreme Narcissism is running rampant in our time and the defendant Johnson & Johnson is an example of that personality profile of a corporation.

            My story intended to point out that we can not expect them to be like us, to be compassionate, to feel responsible, to do the right thing. They are not capable of that because they do not see the world or themselves as we do.

            Take care,

            Bejah

  113. Mary blanks says:

    Me, it seems they are afraid that the truth get out and the media really takes notice of this craziness. They want to able to scare us , threaten bankruptcy in peace.

  114. jan says:

    Hi I was wondering my statues of limitations are way over to go after hospital an dr. An surgeon etc. Mine was a recall but got it in me. Can I sue now with this being a mass thing now. I tired to hire threw the years saying they botched me. Could u help enlighten me please.

  115. ed says:

    Where do I find the tier guide lines ?

    • Jane Akre says:

      Tiers basically go from mesh in place with symptoms to five or more surgeries under anesthesia and all points in between. Tier guidelines are no longer published because it was suggested that might dissuade settlements. My position is shine a light but don’t want to hurt the prospects for anyone. AND the tiers I had were just from one settlement. It might differ among law firms. Best to ask your lawyer or paralegal.

  116. Gina says:

    I am represented by a Philadelphia, PA firm who informed me in writing that I had a viable claim. A paralegal who is working on my case informed me that I have “been consented in”. Shortly thereafter, I was sent a release to have my medical records reviewed by an outside counsel who specialized in evaluating medical recs. I was told by this paralegal that I would be receing areceive a “verification” letter, and a month later, I have yet to receive that “verification” letter. can you explain these terms? I appreciate reading about new developments in this mesh nightmare, and want to give thanks and praise for your diligent work. thank you, kindly. ♡♡

  117. Donald Rainey says:

    I would like to thank Hal and Jane for all that you two are doing to help all the victims of mesh.You two give me a little more faith in humanity. You are both are helping a lot of women that might not be able to find the information that you two have been able to get for them….from my heart I say thank you……I can tell you all this…If my wife doesn’t make it thanks to mesh I will be checking out myself. I just can’t stand to be in a world like this one without my soul mate beside me.

    • Jane Akre says:

      Donald- Thank you… you are most welcome. What does your wife need? Don’t check out- the world needs more husbands who are in it for the long haul….. thank you for all you do!

  118. LAURIE HENSLEY says:

    HAS ANYONE GOTTEN ANY MONEY YET FROM AMERICAN MEDICAL? I GOT ALL MY PAPERWORK A YEAR AGO AND STILL HAVEN’T HEARD ANYTHING FROM MY LAWYER.

    • anonymous says:

      What exactly do you mean you got all your paperwork did they offer a settlement and the conditions and everything and you signed an agreement??? as far as AMS no I have not gotten any money either nor even an offer yet I heard it’s coming soon but let’s see

  119. ed says:

    Here’s my comment on keeping my mouth shut once AMS sends me a settlement letter. I’m going to give Jane Akre permission to post my settlement letter , so every one will know what to look forward to once AMS sends them their settlement letter. Keep my mouth shut, “right”, no one tells me to keep my mouth shut. Especially some one that had billions of dollars, and has done wrong and continues to do wrong.

    • Jane Akre says:

      No word yet on whether AMS has 95% of those of you in agreement.

      • anonymous says:

        So say that getting 95% to agree what happens to the other 5% that doesn’t want to agree are we forced to accept whatever they give us I’ve been promised a settlement for the last 6 months but no word yet

        • ed says:

          I just read your article about the AMS settlement, and the 95% settlement agreement is the 1st time I have heard of this. From what my attorney told me, 90% of the people need to agree to the settlement, not 95%. So unless you know something that my attorney doesn’t. I sure would like to hear it ? So unless I’m wrong, the 95% you are stating in your article is a missprint, and I feel that you should correct it ? Because all of us look towards your articles for guideance and correct information. Thanks.

          • Jane Akre says:

            Page 11 of the Master Settlement from 2013 says 95% of claimants. The link is in the story. Your law firm may have negotiated a different deal that only required 90%, then again, they may be mistaken. The links are provided so you can read it for yourself.

  120. anonomysmo says:

    I was contacted by a law firm regarding this lawsuit. I was a military dependent and had a mesh implant at a military hospital. The surgery has had no complications and completely reversed the incontinence issue for 6 years. The issue has since returned but I have never had any other complication. I was told at the time of the surgery that the repair may not be permanent. I paid nothing out of pocket for any part of the surgery. Why would I file for a settlement?

    • Jane Akre says:

      Likely you would not unless you are having medical management… ie for complications. Who solicited you? What law firm? Do keep an eye on any strange symptoms you may develop because Dr. Raz says he sees mesh complications many years after an implant, though no one wishes that on you!

  121. anonymous says:

    Wondering if any one had received their settlement offer from AMS yet? We finally received the paperwork to verify injuries to the mesh claims center, wondering how long after this they will return with an offer

    • Jane Akre says:

      I heard from a woman today who was told to sign or she would be dropped and no one would represent her. She would walk away with nothing if she signed after debt was paid.

      • Advocate says:

        Jane,

        The combination of medical costs and attorney fees, could leave some clients with very little, to nothing, in their settlements. It appears that a single surgery case, as negotiated for many AMS cases, will not bring much over the $100,000 threshold. While I hear those who have failed to get any type of treatment have been most vocal in not taking the settlement offers, that doesn’t sound like the case for this woman. Knowing the costs of a revision surgery and if she doesn’t have many factors to bump her within the grid settlement, she might have found herself in this situation.

        On the point of being dropped there might be some misunderstanding. I’ll try to explain. If the client rejects the offer, she is indicating she wants to go to trial. If the attorney doesn’t believe the case is trial worthy (could be influenced by several factors) or the firm doesn’t have the resources to proceed to trial, they can withdraw their representation. But that doesn’t mean that another firm won’t take the client. What may have been conveyed is, the difficulty another firm might see in the expectations of the client and the realistic expectations of the litigation. Therefore, an unrealistic view of what the client expects, exceeds the ability of any firm to deliver. Therefore, no firm will take on a case where they know in advance they can’t meet the desires of the client.

        I certainly hope the firm wasn’t attempting to coerce the woman into taking a settlement, for their sake of moving on. It’s just as easy to refer her to another attorney, because they’ll receive their fees anyway. Thus, no incentive to not release her case to another firm, if she so chooses. I think the reasonable explanation is trying to explain the settlement is the best it will get for this woman. Not knowing her or the medicals, I can’t say that for sure.

        • Jane Akre says:

          That sounds very reasonable but I hear this often. Take the settlement or no one else will represent you. You’ll go without! She was even told it’s against the law for someone else to represent you. Some of these folks on the phone are not knowledgeable…. BTW- she is in the upper tiers of injury was quite nice and agreeable, not yelling or abrasive. I suggest folks find someone within the firm who is pleasant to deal with, not berating or belittling. However, I’m not an attorney so that’s just my opinion.

          • Advocate says:

            That’s truly disappointing to hear about other firms and how they are handling the settlements. You know I expect people to conduct the business in a caring and professional way. Great advice to find someone in the firm they have confidence in.

          • ed says:

            I just read your new news on the AMS Mesh settlement and your information doesn’t sound right. I say that because I received my settlement letter about a month ago, and I was offered $9,000.00, PERIOD…

            The Law firm AWKO represented me, and every thing I sent to them , they did not enter into my record. I’ve had 4 surgery’s, had my mesh removed and the master knew nothing about my mesh being removed nor did the master know about any of my surgery’s. Because none of the surgery’s were ever mentioned in my settlement letter. AWKO Law Firm told me that I was in a TEAR 4 and when I received my settlement letter the master had me barely in a TEAR 1. And as far as firing your attorney, YES I have started the process. I have a new attorney. AWKO Law Firm is incompetent, and if any one is represented by them, I would double check every thing you send to them.

          • Anonymous says:

            It has been 6 years since I filed with the attorneys, and for a while I was so desperate with my medical debt that I would have taken anything they offered me, but now I am at a point where I will definitely fight and take it to trial, and find new counsel if I must.

            I am so disappointed in how everything has been handled.

    • anonymous says:

      Well since they’re not including anything after January 1st 2015 whatever they offer they can go to hell. I’m tired of being pushed around by AMS thinking that they’re all lily white because there agreeing to settlement while the majorly injured people still suffer with no help whatsoever all of those who had just a mesh put in or no complications were the first to receive money how the hell does that work I always thought in a trauma center and and in triage that the most injured get taken care of first I guess thank you America for sh****** on everybody it seems from the vet to the old to the severely injured by medical companies we get nothing we get told to wait it will be years before we finally get justification if ever all of those that are grabbing up the money beforehand who think they deserve something when they never experienced the day of pa in hardly throughout their mesh experience please understand to those who were truly injured my heart goes out to you but I have it from a good source of many women who were not hurt at hardly at all got taken care of first and got a better settlement than we will ever get for all of our injuries and I’m sick to death of it if you’re someone out there who just needs 20 or $30,000 why don’t you go out and get a job instead of grabbing it from things that you hear on the TV that you think you could be involved in there are truly people out there that are severely terribly permanently disabled and hurt I’m sorry for the rant and I don’t mean to offend anybody but I’ve been going through this for so long and I’m sure that I’ll have to go through it for years you have because I’m not taking 20 or $30,000 from AMS I will be paid what they need to pay me someday somehow someway AMS just doesn’t want to go to court because they know they can be pulled through the wringer for millions of dollars to so don’t count your blessings before you see what the settlement sorry because they are laughable insulting and degrading they promised everybody I would all be settled by December 2015 well that was a lie too they continue to be able to lie and deceive everybody including judge Goodwin but I guess that’s America we don’t really care about people we only care about ourselves to my friends and you know who you are out there that are mesh injured my prayers go out to you into all truly mesh injured people I pray that someday somehow we will find a way to feel better to laugh again and watch the sunrise come up with great hope and expectation this post in no way applies that someone was not hurt by mesh but from what I’ve heard recently there’s a lot of women who were not hurt severely who got very good payouts for simply having the mesh put in

  122. Anonymous says:

    Also, I was never notified by my attorney about the 95% agreement.

    Is that something they spring on you when you receive your settlement offer?

    • Advocate says:

      Anonymous,

      There is an acceptance threshold requirement in every settlement. The defense wants to make sure they are resolving a percentage of cases that reduce their exposure. If all firms involved in your particular settlement (doubtful that your firm is the only one involved) are able to meet the threshold for acceptance, the defense will then proceed with finalizing money distribution, specifically on those cases.

      If the firms involved are unable to achieve the threshold, the defense would likely withdraw the settlement amount and either start negotiations over again or expect to proceed to trial. If the threshold is met, only those agreeing to the settlement are affected. Those who chose to turn down the settlement, are not factored into the distribution of funds. It’s one of the reasons the attorneys gather as many “like” minded cases as possible. Imagine if your case was less viable for trial than others you were included with. You might have a need for the money offered but others in the group choose to turn down the offer, as is their right, and therefore the offer is pulled back. You would be delayed, even though you were willing to accept the offer.

      That’s why it’s import to understand where your case is within the settlement process. When many of you are settling with many of the same type of injuries, surgeries and complications, you are establishing the norms for your group. You may feel you deserve more than the offer, but trial will not assure you of any additional money and could end in an unfavorable verdict. Certainly, if you have had many revisions and the complications are such the settlement isn’t reflective of your situation, trial is an option. Keep in mind though, attorneys are seeing many cases and have a much better sense of what defense will offer than individuals. This can make it more difficult to find a trial attorney willing to take on the expenses and uncertainty of litigation.

      Always remember this, you have the right to trial. What can make that more difficult is finding an attorney who believes, as you do, that trial can vindicate you and your injuries. That’s different than saying, I want to go to trial because I want more money. Money has nothing to do with justice, it’s the penalty in civil court, for those who injured others. There have been injured women who have lost their litigation over their mesh injuries. Doesn’t mean they were less worthy or less injured, just that a jury of peers, didn’t see the liability of the defendant.

  123. Anon says:

    Does anyone know what type of settlement “category 3” or “tier 3” is looking at?

    • anonymous says:

      I have heard on a very good day when they’re in a good mood sorry, that the highest payout that anyone is heard of for AMS is 2 to $300,000 to the top tier so I would guess the tier three would be about $100,000 before attorneys fees and medical. But then again who knows I’ve heard so many different stories from so many different things as in AMS victim I’m just tired let’s just get it over with offer me something so I can tonight and I just go to court that’s the only way anyone’s ever going to get a fraction of what they deserve

    • Advocate says:

      Anon,

      If by tier 3, you are referring to a minimum of 2 revision surgeries, the plans I know of are starting around 200k. They could drop a bit for things like dual products from different manufacturers or pre-existing history, but even then it would be reasonable to see something higher than 150k. If you had 2 surgeries and only 1 mesh product, yet a multitude of other injuries, it might take the settlement to the high 300’s.

      At best, these are simply guidelines and nothing says the numbers are set in stone. In fact, a great deal of what you get is based on your attorney’s (or the attorney negotiating for the group) ability to bring a heavy case load to resolution. It seems that most of the settlements, from maybe 3 of the key negotiating groups, have been similar to these numbers. Usually, the total settlement dollars are for the group as a whole and then the attorneys are required to break it out for each of their cases. So there is always wiggle room for the stronger cases, within each settlement. Best thing is to ask your attorney what they are valuating your case at, as they submit to mediation. That’s a number they think is fair for you and then defense counters or agrees.

      • Anon says:

        I have been told it is now up to the mesh claims center to decide the amount.

        I wonder if the lawyers have any room for negotiation when they make their decision, as it is a 3rd party “unbiased” decision from the claims center

        • Advocate says:

          Anon,

          If you have your case in wave one (it’s the only place the claim center applies) then the numbers from the center are firm. The submission of cases in wave one were supposed to be very black and white. Product In Place (PIP) only, then PIP with a few medical extras, one surgery revision and then one revision with medical extras. These were set up to make the payouts quicker.

          Those cases where injuries were more significant, typically, were held out for wave two. Those wave one cases are reviewed by the center only for the medicals they were submitted with. There isn’t anyone checking for more injury than the check boxes indicated by the firms who are submitting. That means no wiggle room for attorneys (okay, there’s not supposed to be wiggle room) to do more for one at the expense of the lessor cases. If the firm worked up their cases like they should, they probably didn’t put a case in wave one when they thought it should have more than the wave one indicator said it would be.

          I do know there have been women who accepted wave one because they wanted the money sooner than later, even though there may have been an increase in the wave two settlement. Of course there is never a guarantee of more in wave two, but did allow the attorney to fight for the client when they felt the medicals exceeded the black and white of wave one.

          Again, I’m only giving you a basic description and there are so many factors that go into the judgement of which wave to submit your individual case.

          Hope this helps a bit.

  124. anonymous says:

    Sorry guys that should be turn it down

  125. Tlp says:

    Advocate, I am in tier 4. Ams .Haven’t heard anything about my case. Is loss of wages, still have mesh inside me. Doctors v is unable to get the mesh out. I am in severe pain everyday. Is that all taken into consideration? Is the auto immune disorders looked at. Had to have my right-and left ovary removed because of mesh .does that count?.When we do get an offer , how long do we have to take or refuse offer? Also what is a guess on how long until funds are received..

    • Jane Akre says:

      Tip- It sounds as though you may need another doctor…. please advise if you need some names in your area or even not in your area……

    • injuries says:

      Most people who is in tier 2 will get 145000-200000 wow. I have suffer along time 10yrs .You will have to pay out of your settlement approx 2.9%-5% for court cost, plus your attorney fee, plus if you had medicade or medicare you have to pay them a percentage out of your settlement. The court don’t want you to discuss your settlement with no one , wonder why!! If you had 2 surgery, that will put you in tier2 if you had 3 or more that put you in tier1 i think they will get any where between 200000-250000. if you in tier2 you’ll lucky to see approx. 85000-90000. Hope that help you out. If you don’t sign the paper your lawyer send you then you may risk losing everything, meaning the company may go bankrupt, or it may take several of years to hear your case and by that time companies had went bank rupt.

      • Tracer1000 says:

        I receive paperwork in the mail today from AMS that offered to settle for 100,000. I talked to my lawyer and she said that I need to fill out the Special Master Paperwork (I think) that I received in the mail and check block C to decline their offer. I had 3 surgeries and about 15 bladder infections. I also cut my husband’s business… I think that I they are trying to lowball for sure! Anyone else have anything like this? I am wondering how much the lawyer gets…..

        Tee

  126. Tlp says:

    Thank you so much !!! *** Wasn’t done ***

  127. Tlp says:

    Thank you Jane. My doctor that did the partial mesh removal,and Dr. V in St Louis said the mesh hooked onto my bones has to stay . Some mesh has now migrated elsewhere in my body. Both doctors told me it would cause way more problems to try to get more mesh. I cried for day’s with this news. Dr.v just told me he can’t help me. My problems are severe. I haven’t worked for years. I have lost everything. I now have melanoma. I can’t afford anything… We’re else can remove mesh? One of the best has said nothing can be removed.

    • foxhunter says:

      Dr. John R. Miklos, MD – Alpharetta, GA did a partial removal of my wife’s mesh but we learned too late that we should have had him remove it all now she has to go back under the knife to have the rest removed but he is a wonderful doctor one of the best in the world from the research i have done hope this helps you! Tip

  128. Ed says:

    it sounds to me like you are working with AMS. from what I can see and tell, there is nothing in their settlement letter that is harmful to AMS, other then the settlement amount. Which seems to me that AMS told the courts one amount, and in turn is not living up to the set amount that AMS vowed to give to ALL of the defendants when they told Judge Goodwin that they would not go under a set amount, but which in fact they have, and now they don’t want you to opening up their can of worms. Before I received my settlement letter I was told that I would receive a very favorable settlement offer, but when I got my settlement offer, it was much less then favorable, in face it was darn right insulting. My attorney got millions and I was offered thousand – s. I turned down their offer, and now I’m waiting for a court date, which may come within the next 2 years. The last letter I wrote to you I couldn’t find a response to, and I don’t look for a response to this one either.

    • Jane Akre says:

      Hi Ed- Here is your response. Working with AMS? I’m sorry the promises made to you by your law firm did not come to pass. That is true for many

      • Ed says:

        So what would you suggest I do now ?

        • anonymous says:

          Take them to court and get judge goodwin to send your case back to you state and take them to court that’s the only way you ever going to get fair compensation nobody knows a personal details of your case but if your not happy with what they’re offering you take them back to your state and take them to court what I’ve heard that they are offering is insulting and demeaning to people they’re going to throw people right into the poverty for the rest of their life if we don’t stand up and fight against these people

          • Advocate says:

            Anonymous,

            For the record of accuracy, Judge Goodwin doesn’t release the case back to the state court. Your attorney withdraws the case from the MDL and therein, the case is moved to the proper state of venue. When you speak of Judge Goodwin sending cases back, what that means is, he instructs the plaintiff attorney to remove the case from the MDL and his jurisdiction, due to a particular cause. You or anyone else not accepting a settlement offer is not something he would be involved with.

            As a word of caution to all, if you want to take your case to trial, your current attorney may not be willing to represent you in a litigation for several reasons. If you intend to turn down the settlement offer for any reason, I suggest you ask your attorney if they intend to represent you in future litigation, or if they will be transferring your case to another attorney of YOUR choosing. Please keep in mind, the number of qualified trial attorneys with knowledge of the mesh injury are far far fewer than the number of attorneys who have gathered these cases. Additionally, trial is extremely costly and not all firms have the resources it would take to see your case through the trial process.

          • Jane Akre says:

            Good advice, thank you advocate. Too many attorneys will not engage in that conversation with their client if client reports are any indication, but that is good advice.

          • anonymous says:

            First of all my attorney is more than willing to take my case to court because he thinks that this is absolutely insane with their offering to and it’s an offensive gesture on a MS is part secondly yes judge Goodwin does have to release the cases and he is this point is not ready to do it we’ve already talked to the people that we need to talk to you about and yes judge Goodwin has the legal authority to hold these cases in his court until he’s ready to send them back so you may not know everything that you’re stating if what you say is true that my attorney has been out not lying to me and he’s a good enough attorney that he would not do that I know that for a fact so please be careful what advice you give out here because you don’t know everything either you cannot just say you don’t like the way things are going and have your case removed from an MDL it’s much more complicated to that and yes judge Goodwin does have to release the cases you cannot just say I don’t like your court and move it out of there.

          • Advocate says:

            Anonymous,

            I am very happy to hear you have an attorney who is willing and capable of handling your case in litigation. I post here for those women not as fortunate as you. You may dismiss my posts in the future and my feelings will not be hurt.

            There is an old adage that says, “free advice is worth what you pay for it”. Since my advice is free in this forum, I believe my responsibility to those who read my posts, is to be accurate while using my education, experience and knowledge in working with these legal cases. I know what I know and won’t post something I don’t know. I always suggest checking with ones own attorney, because their opinion or belief may be different than mine. Everyone would like the law to be an exact science, but it is anything but exact. I think most readers here know a credible post of information when they read it. They also know when someone is passing along their interpretation, of someone else’s information.

            Again, best of luck to you and to your attorney with your litigation, when it occurs.

          • anonymous says:

            Thank you advocate and I do appreciate your advice believe me I will be talking to my attorney about how to get out of the MDL please understand that these are trying times for some of us and as for me I’m in a world of hurt that seems to have no and I don’t mean to attack you personally or anything these are just very hard and trying times I do appreciate your advice thank you very much

    • anonymous says:

      Ed have you gotten Judge Goodwin to release your case back to your state court yet I’m in the same situation as you AMS offers are insulting and beyond words I am a severely hurt person and my offer was garbage I am NOT going to take it but now my fate is in the hands objec Goodwin until he releases my case to go back to the states I will be tied up in his court for years and years

    • Advocate says:

      Hello ED… I’m very confused by your post. Who do you think is working for AMS? I don’t understand what you were trying to convey about the AMS settlement, other than you were offered $9,000 perhaps?

      There has never been an agreement, that I’ve seen, where AMS told Judge Goodwin they were setting floor amounts for offers. That wouldn’t make sense, as Judge Goodwin doesn’t get directly involved with the settlement offers.

      To your particular offer, if the amount offered is $9,000, this would indicate to me, a product in place only settlement. These were numbers offered to those with mesh, but no medical complications at this time. Certainly, if you are suffering medical issues directly related to your mesh implant and they are verified in your medical records, there’s a chance you were placed in an incorrect category. You should ask your attorney how they arrived at that amount, based on your verified medical records.

  129. RTlp says:

    Thank you. Ams has not offered me anything. My attorney keeps me in the dark. I call and email. They tell me they will call when they know an offer. My lawyer firm is now working with motley rice.. any idea when more offers will happen. Seems like they are doing a few law firms at a time.. now with cancer and really bad autoimmune problems. My kids need me to stay strong. They don’t have anyone else.. I

    • Advocate says:

      RTip, if your firm is working through Motely Rice, then they are working towards a settlement for sure. Motely Rice has done good work under the circumstances, as have many others, to express the injury and need for fair compensation for all the cases they are charged with negotiating. As difficult as it is to wait, you’ll need to give them a chance and trust they are doing things the correct way.

    • anonymous says:

      I’m so sorry that you’re in that situation and I’m sorry that I can’t tell you that the settlement from AMS will make things that much better than are not offering very much money at all by the time you pay your attorney and everybody there won’t be anything left course I don’t know your situation but I do know the top amount that they are offering which is ridiculously low anybody taking it does not help themselves at all

  130. RTlp says:

    Thank you for your help. When a offer comes from my attorney, is there also a letter or something from ams to verify the settlement ??? Thanks again !

  131. tiffany says:

    What is the common fee split between the attorney and the victim?

  132. Sandy bruns says:

    I’m paying a little bit above 40%

  133. Patricia W says:

    I was offered $250k settlement, I accepted, but so far all I have received is $45,749.94. $100k was held back for Medicare,etc. Medicare was settled for @ $8k, it has been over 3 months since Resolutions Settlement case has closed. Why is AMS (defendants) taking so long to forward the remainder of my settlement?

  134. Peggy says:

    Why is it that the LAWYERS ARE ASKING 90% When THEY ACCEPTED YOUR CASE THEY ASKED AND YOU SIGNED AN AGREEMENT FOR 40%.DO THESE LAWYERS HAVE ANY SIMPATHY ,OR THE MANUFACTURES ,FOR THE PAIN AND MISERY WE ARE GOING THRU. MY LIFE IS GONE , (DONE) THEY SHOULD ALL GI TO JAIL.

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*

© 2016 - 2017 Mesh Newsdesk. All rights reserved.
This is a Sundown Legal Marketing law firm website.