Mesh Medical Device News Desk, April 9, 2017 ~ The Maker of the Sea: Five categories of damages, damage proper (nezek); pain; (tza’ar), stoppage of work; (shevet), the cost of cure; (ripui) and shame (boshet)
I went to the edge of the sea.
My reason to go to the sea was: Seek him that maketh the seven stars and Orion, and turneth the shadow of death into the morning, and maketh the day dark with night. Him that calleth for the waters of the sea, and poureth them out upon the face of the earth: The LORD is his name: He calls Himself the Maker of the Sea.
I went to the sea to find healing. I left the sea with these thoughts.
Plastic, wax, metal, glass, rock all define our individual loss at the hands of MDL attorneys. Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. In American jurisdictions, the term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff’s injury has been caused by the negligence of another, but also arises in defamation torts. Damages include bodily injury, intentional infliction of emotional distress (IIED), and negligent infliction of emotional distress (NIED). If Multi-District Litigation is at a peak for it’s destruction from it’s abuse, we can help it’s demise. We are wounded by plastic and metal. The comparison below is very reasonable and laced in common sense concerning our injuries and our rights to individual trials. So, here are the common sense approach comparing personal injury by these items and each of us.
My mother waxed her hardwood floors, my grandmother and aunts waxed their floors. All used the same brand of wax. The wax company was never sued for their wax causing an injury in their homes or homes across the nation. If a person fell it was the homeowner’s responsibility for all wax falls are not equal. It does not become an MDL for all Americans who slip on wax and are injured.
Metal injuries, various metal has injured Americans but if your fork hurts you and your flashlight hurts you the metal company is not responsible. The individual actions of who held the metal in their hand and hurt you are considered. It does not become an MDL for all Americans who are hurt by the same grade of metal.
Glass in a window cuts you, glass in your hand cuts you, glass in the mirror cuts you all glass is not responsible for your cut. It does not become an MDL for all Americans substantially cut by glass.
Rocks cause a lot of injuries, they are individual injuries, and no MDL attorneys cannot consolidate all rock injuries so that they take and direct monies to their clients and leave others without restitution.
So, now to vaginal plastic implants with metal anchors. Our injuries are personal they happened in separate houses (hospitals) all of which have liability insurance and participated. All of us were implanted by doctors and many who were paid as preceptors and who were working for manufacturers and their research teams. We were all injured by plastic, but we were not injured the same, we were not injured by the same parties, we were not injured at the same time and our future outcomes are not the same. A process to end all MDL’s is reasonable as they have misled us and paid some and left others without recourse.
We are not only pioneers in advocating against the mesh, medical implants, medical battery and failure of consent. We are pioneers towards the future when Mass Torts are ended. It is unacceptable to continue this farce of fairness. It is unacceptable to be tossed a pocket change of tyrants at injured Americans.
I went to the beach to set myself free of the anger and sorrow of this devastating life altering harm and injustice. Here is what I brought back from the beach.
I am fearfully and individually made by the God who names himself the “Maker of the Sea.” He brings the ocean into the sky and pours it out as rain upon the each of us and our land. Please know the individual right to resolve one’s harm is a God given right. It is my religious right. Protected by the Constitution, no private agreement can take it. My faith gave the world these principles. I expect to have them protected. I toss these facts into this misdirected violation of my rights to recover the rightful sums for the five grounds of liability that I claim.
Five Grounds of Liability
In cases of injury to a person, Talmudic law identifies five categories of damages:
damage proper (nezek);
stoppage of work; (shevet)
cost of cure; (ripui) and
When Multi-District attorneys set up tiers of settlements and base them on the number of surgeries, the five grounds of liability have been set aside by agreements which I had not party to. These agreements of greedy Multi-District Litigation Mass Tort attorneys hurt more than help Americans everyday. One honorable attorney could litigate the lack of fairness and the failure to provide restitution to each woman individually on this simple set of facts:
The Five Grounds of Liability in cases of injury to women injured by pelvic mesh implant are being ignored. Women are not afforded fair and constitutional representation, their 7th Amendment and their religious right to evoke all religious rights are being dismissed. The Jewish law for me is being stripped from my claims. The tenant that the five categories of damages, damage proper (nezek);
pain; (tza’ar), stoppage of work; (shevet), the cost of cure; (ripui) and shame (boshet) should apply to recovery are being dismissed by the very attorneys who claim
I expect nothing less. I have sat at the edge of the Sea, The Maker of Sea cares for me. He is my Father, maker of Heaven and Earth and he knows I am wounded. He knows how hard it is and He is my advocate. Someday, somewhere, in His time, He will get my settlement. I faced the sea and thanked him for the courage to stand in this storm. I bowed before Him at the edge of the sea and prayed for all injured as I am. I asked Him to shake both sides of my litigation from the greedy MDL attorneys to the manufacturers. The crashing of the sea upon the shore, the clarity of the stars overhead, the smell of the sea all confirmed HE the Maker of the sea is on the side of the wounded. I am returning to the sea in a month. To sit in the mighty presence of a loving Father, who sees my wounds and knows my harm. He will restore me from this affliction.
Never forget your value, to HIm we are irreplaceable. My anger and sorrow melted in the love of God. He is still moving, He knows our injuries are personal. He established the five grounds of personal injury in the Old Testament, attorneys on both sides should be ashamed for the removal of these harms from our settlements.