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Boston Scientific, CR Bard Mesh Not Defective Find Jurors in Kansas City Pelvic Mesh Trial

Eve Sherrer,

Eve Sherrer,

Mesh News Desk, February 2, 2016, Sherrer Verdict ~ 

In its second day of deliberations, jurors in the only pelvic mesh trial to name two defendant manufacturers in the same action, handed defendants Boston Scientific and CR Bard a victory in a Kansas City, Missouri product liability trial.

Voting 10-2, jurors rejected the contention by plaintiff Eve Sherrer that the Bard Align and Boston Scientific Solyx were defective and that the companies failed to warn doctors about their dangers and that the meshes were the cause of injuries to plaintiff, Eve Sherrer. Sheerer had sought $28 million in her product liability lawsuit.

The verdict was reported by Missouri Lawyers Weekly reporter Jessica Shumaker via Twitter after Mesh News Desk lost access to the courtroom camera due to a reader’s unfavorable comment about defense attorney, Lori Cohen (Greenberg Traurig).

The plaintiffs in this case had to prove, by the preponderance of the evidence, that the Solyx (Boston Scientific) and Align (C.R. Bard) were both defective and caused physical damages to Ms. Sherrer. They also were charged with proving the alleged failure to warn her physicians about the risks caused her damages.

The jury also has the opportunity to award Ms. Sherrer punitive damages, which have typically run into the millions of dollars. Both companies insist their products are safe and effective and the “gold standard” for treating incontinence and pelvic organ prolapse.

The verdict is a sharp departure from jury decisions of the past.

*Update* Boston Scientific is facing in excess of $128 million in jury awards to 14 plaintiffs so far in litigation that began in 2014. In April of 2015, Boston Scientific offered its first settlement to 3,000 pelvic mesh-injured women of $119 million.

Boston Scientific was recently charged with racketeering allegations for allegedly smuggling counterfeit polypropylene resin into the U.S. from China and using it to make pelvic mesh products.   See the story here.

CR. Bard is facing in excess of $7 million in jury awards to six plaintiffs. In October 2014, the  company offered to settle 500 cases for $21 million. *

As of today,  Bard is facing 12,955 cases and Boston Scientific 19,829 cases all filed in  federal court in Charleston, WV where multidistrict litigation has been consolidated.  Including all seven manufacturers there are 86,445 cases in that single court. That does not include cases filed in state courts and around the globe.

 

THE TRIAL

The jury got down to its first full day of deliberations Tuesday after choosing a foreperson. Jurors wanted to see medical reports submitted at trial by Dr. Vladimir Iakovlov, a pathologist, but that request was denied on the basis they were for demonstrative purposes only.

Dr. Iakovlov had showed jurors in a November 2014 trial in Miami against Boston Scientific, that mesh hardens like a piece of plastic and incites inflammation causing scar tissue to encapsulate the mesh as it tries to distance itself from the invader.   He authored a study in 2013 “Mesh is Not Inert,” here.

Eve Sherrer, 65, from Oklahoma, was implanted with the first mesh by Dr. Peter Greenspan, an Ob-Gyn, to treat her condition of incontinence. (*Note an earlier version said he had implanted both meshes).

The 40-day trial was the longest in pelvic mesh litigation history and also unusual in that it pitted one plaintiff against two separate mesh manufacturers, C.R. Bard of Murray Hill, New Jersey, and Boston Scientific (BSX) of Marlborough, MA.

Both companies are among the largest manufacturers of pelvic mesh crafted of polypropylene used to treat stress urinary incontinence and pelvic organ prolapse in women.  A similar mesh is used in the treatment of hernias. Pelvic organ mesh is implanted transvaginally or through incisions in the vagina, thought to introduce a bacterial colony from the clean/contaminated field that is difficult if impossible to treat.  Infections, mesh erosion, nerve injury, mesh migration, chronic pain, are among the many symptoms women report in this litigation.

Judge Robert M. Scheiber heard the case in the 16th Judicial Circuit Court of Missouri, Jackson Co Courthouse beginning Wednesday, December 2.  Jury selection began Monday, November 30. 

 

BARD BOSTON SCIENTIFIC TRIALS TO DATE

Mesh News Desk has been following these product liability trials since 2013. The following represents our accounting of the actions so far that we’ve covered:

Boston Scientific Verdicts so far representing 14 plaintiffs in 8 trials, $128 million in losses, four verdicts for BSX.

October 2015 – Carlson v Boston Sci – Verdict for the company maker of Uphold pelvic mesh, Statesville, NC
http://meshmedicaldevicenewsdesk.com/jury-finds-for-boston-scientific-in-north-carolina-pelvic-mesh-trial

October 2015 – Barba v Boston Sci – $100 million to Deborah Barba and her husband. Implanted with Pinnacle Pelvic Floor repair kit and Advantage Fit.
Punitive damages were later reduced as well as compensatory damages to $10 million by Judge Mary Miller Johnston.  Delaware, New Castle Co.  http://meshmedicaldevicenewsdesk.com/boston-scientific-denied-new-trial-in-100-million-barba-case

May 2015 – Sanchez v Boston Scientific – Case settles before closing arguments. Pinnacle Pelvic Floor Repair Kit and the Advantage Transvaginal Mid-Urethral Sling System. Terms not disclosed. Los Angeles.  http://meshmedicaldevicenewsdesk.com/ms-sanchez-not-warned-about-her-mesh-implants-lawyers-say

April 2015- Boston Scientific offers first settlements to 3,000 pelvic mesh injured women of $119 million.
http://meshmedicaldevicenewsdesk.com/new-boston-scientific-offers-small-settlement-to-3000-pelvic-mesh-injured-women

November 2014 – Tyree v Boston Scientific, four plaintiffs were awarded $18.5 million. All four were implanted with the Obtryx mesh, a mid-urethral sling. The award includes $4 million in punitive damages.  Tyree v Boston Scientific, Charleston, WV
http://meshmedicaldevicenewsdesk.com/punitives-plus-14-5-million-in-boston-scientific-mesh-sling-trial

November 2014 – Eghnayem v. Boston Scientific, Four plaintiffs awarded $26.7 million.  All four were implanted with the Pinnacle Pelvic Mesh Repair Kit. Miami, FL.   http://meshmedicaldevicenewsdesk.com/breaking-news-jury-decides-28-million-for-four-women-injured-by-boston-scientific-pelvic-mesh

September 2014 – Salazar v. Boston Scientific – $73,465,000. (Includes $50 million in punitive damages), Martha Salazar was implanted with the Obtryx mid-urethral sling.  Dallas
http://meshmedicaldevicenewsdesk.com/salazar-v-boston-scientific-73-5-million-how-it-breaks-down

August 2014 – Cardenas v. Boston Scientific, Jury delivers verdict for Boston Scientific. Obtryx mid urethral sling. Middlesex Co. MA
http://meshmedicaldevicenewsdesk.com/cardenas-v-boston-scientific-trial-continues

July 2014 – Albright v. Boston Scientific, Jury delivers verdict for Boston Scientific. Albright was implanted with the Pinnacle Pelvic Floor Repair Kit. Middlesex Co. Massachusetts, headquarters of Boston Sci.  http://meshmedicaldevicenewsdesk.com/plaintiff-loses-first-boston-scientific-pelvic-mesh-trial

 

CR Bard Verdicts so far, 6 plaintiffs, 3 settled, $7 million in losses and numerous settlements

February 2015 – Wise v CR Bard, Settlement offered to Wise, terms not disclosed, Implanted with Avaulta Plus Anterior and Posterior BioSynthetic Support System,  Charleston WV
http://meshmedicaldevicenewsdesk.com/new-bard-avaulta-trial-to-begin-in-charleston-federal-court

October 2014 – Bard offers to settle 500 cases for $21 million,  http://meshmedicaldevicenewsdesk.com/c-r-bard-may-settle-500-cases-for-21-million

October 2013- Rizzo v Bard, Case is dropped by the plaintiff and Bard wants $14,000 in court costs from her. Charleston WV
http://meshmedicaldevicenewsdesk.com/c-r-bard-wants-14k-from-linda-rizzo-over-dismissed-transvaginal-mesh-lawsuit

September 2013 – Vigil v CR Bard, case settled by Bard for undisclosed amount. Vigil had Avaulta Suburethral Plus. Atlantic City, NJ
http://meshmedicaldevicenewsdesk.com/c-r-bard-settles-second-transvaginal-mesh-case-for-undisclosed-amount

August 2013 – Queen v CR Bard, case settled by Bard. She received the Avaulta Solo. Charleston, WV

July 2013 – Cisson v. CR Bard, $ 2 million for Cisson. Implanted with Avaulta Plus. Includes $175,000 in punitive damages.  Charleston WV bellwether
http://meshmedicaldevicenewsdesk.com/cisson-2-million-compensatory-and-punitive-verdict-against-c-r-bard-upheld-by-appellate-court

July 2012- Scott v. CR Bard, $5.5 million for Scott,($3.6 million against company, remainder her physician), Implanted with Bard Avaulta Plus, Bakersfield California
http://meshmedicaldevicenewsdesk.com/c-r-bard-pays-precedent-setting-first-pelvic-mesh-scott-case-for-3-6-million

 

 

70 Comments

  1. Angry says:

    I could just cry I feel so bad for this women. I can’t even iminage the pure hell she has been through just health wise let alone a trial this long. And to hear that verdict. Dear God where is the justice in our system? I am sick to my stomach.

  2. Stopmeshimplants says:

    Such a shame that Dr. Iakovlov’s testimony was not made available to those jurors. Don’t you think the outcome would be different if those jurors had access to his studies? Feel so bad for Ms.Sherrer. This Judicial roller coaster is too stressful for me. Can’t imagine how it feels to be a plaintiff receiving this unfavorable verdict! Will continue to keep her and all harmed by mesh in my prayers. Thank you Jane for your reporting of this case and the updates. I know it was a challenge.

  3. Sheree says:

    Just wondering when compensation is expected for clients in the Boston Scientific case. All of us women are suffering so much. I have 3 different devices. Offered 5000.00 from Coloplast. What an insult. Did I accept? No

  4. Still Standing says:

    I had a bad feeling when it was revealed that she had another mesh implant that they did not reveal until week 5. I think that verdict hinged on this oversight. How would you like to be a juror and give up 40 days of your life to find out that oops…we forgot to tell you she also has another mesh implant that could possibly contribute to the pain? Poor call on the plaintiff defense unless she did not tell them about it. very sad. Had that not happened, she had a winning case. A reminder to keep our attorney informed of everything that could be discovered and used to discredit us by the defendants.

    • Angry says:

      I agree to a point that the hernia mesh was a big factor but what I am missing is why the knowledge of counterfeit chemicals and emails between the company hiding the fact to chevron that the resin was going to be used in humans. This info should put a dead stop to this mess. A crime was committed with the knowledge it was going to cause harm. This is disgusting.

      • Jane Akre says:

        I wish we could have been there to follow this case. The hernia mesh addition was just one thing that Jessica Shumaker tweeted about during the closing arguments. There must have been other things inside this 40 day trial that laid a foundation for doubt. One never really knows the mindset of a juror before a case either. Are they are honest in their pretrial interviews?

    • Ms T says:

      Still Standing, I echo your opinion. I believe the reveal of her additional mesh on week 5 (!) sounded the death knell for her case. Why in the world was that withheld either by her or her attorneys?? NEVER withhold information that could be damaging, or helpful for that matter, in your case.

      • Janet says:

        When I had my second revision surgery the uro dr. Said he does not do it because of the mesh he does not like it but if I would rather have that instead of my own tissue are tacking he would

        I laughed and said HELL NO..I feel this bad with the 2 they implanted at the same time why in the hell would I want this defective crap again..he said good thank you

        • Jane Akre says:

          Dr Raz might have a different opinion, dr walker? Miklos? If you can afford to consult elsewhere…in sorry.

        • Nancy says:

          Hi. When I went for susurgery to remove the mesh kinking my urethra and perforating my bladder I was told the surgeon could put another on in. I did not laugh but said the exact same words. Why would I want to put the same stuff back in my body when the first one could have killed me? The doctor laughed.

  5. janet says:

    It’s sad they get by with butchering us

    This had with Boston scientific mesh in the 90’s same issues they settled those cases and knew it was defective WOW..

    I will never use anything from this company every.

    They do not do what’s right by the people who made them

  6. Linda says:

    What is the point of MSDS sheets? They are to protect the public from harm. How can this be real? We must be missing a lot of information that is being used by the defense. Disgusting outcome and I am so sorry for this woman and her family.

    • Jane Akre says:

      The MSDS accompany chemicals or products used by industrial workers. I believe they are required by OSHA (Occupational Safety and Health Admin)…. so polypropylene resin manufacturing plants know how to protect workers from exposure.

  7. Mary Pat says:

    Not a surprise considering the fact that the judge removed the eyes of the world from the court room!

    • Janet says:

      Does anyone know how many times do they go to trial for each mesh.. does these verdicts change the ones that have won.does it also change the ones that have been upheld

      • Jane Akre says:

        Not sure what you are asking,,,, but no one verdict should influence any other except in the minds of those inside the company who tally up the losses and wins and decide to settle or continue in court….. my opinion only

  8. Don't give up! says:

    Somethings stinks here really why was this held from the public,why did this trial drag on and on,why wasn’t Dr Lakovlov’s evidence allowed especially if the jurors wanted to see it.No it’s not right something stinks I thought there was a lot more evidence allowed in trials now I thought the plaintive’ where allowed to show certain evidence in there cases now I can’t believe she lost.Its not right I feel sorry for her I hope other lawyers don’t let these judges call all the shots like this one did.

    • Still Standing says:

      From what I can figure out, Dr. Laklovlov was not a plaintiff witness at this trial, in that he did not personally examine the explanted tissue of the plaintiff, but his interretation of what happens to mesh generally was referenced in this trial. So, the jurors were not allowed to see the information he submitted because it is his theory, possibly disputed by other experts? Have no idea if that is the case, but putting it out there as a possibility.

  9. Robin says:

    Just sickening to read. This poor woman. I can’t even imagine what she must be feeling.

  10. Jane Akre says:

    Any juror who would like to come forward and speak to Mesh News Desk, you will be given a full opportunity to say what you want…..Thank you. janeakre@meshnewsdesk.com

  11. kitty says:

    Shameful—-piling mesh over mesh. Smeone needs to be accountable.

  12. Fiona says:

    I couldn’t understand why the verdict went against her until I read Still Standings comment. If she had another mesh implant fitted but hadn’t revealed that fact then the jury couldn’t confirm the first was at fault…but how could the judge expect them to know the medical facts of what mesh does to your body without an explanation from a Doctor? That appears to be a mistake or a cover up.

  13. Toni says:

    I am so disgusted by this travesty of justice. I don’t have 2 different manufacturers but I have 2 different meshes one TVT one prolift both JNJ and been through hell . I don’t care who manufactured this crap it’s all horrible and has ruined my health love life and life in general. Why is this not stopped why must we go through more hell proving this stuff has caused this trauma.when will they stop this from continuing to be justified to be used on unsuspecting women who put their faith in drs who just believe these pharma companies have our best interests in mind. How are we left to them deciding to put these products out on the market that will harm us and we can’t even get a jury to help us. I am losing hope .

  14. Susan says:

    Hello,

    I bet if there was a Juror on the panel that had MESH Pain they would see things as they are!!

    Aloha,

    Sue

  15. janet says:

    Have they had the trials for the Orybtrx sling and ploy

    From Boston scientific

    Does anyone know about these trials if they have lost also

    I have not seen anything regarding those from Boston scientific

  16. TenderLegal says:

    The reveal of the previously implanted hernia mesh is an example of why it is so important that you notify your attorneys about ALL previous surgeries and procedures, even if you think it may not be related. In fact, it is better to give them too much information about your medical history, than not enough. Hernia mesh has often resulted in similar injuries (for obvious reasons) and can complicate the causation issues of these claims. Unfortunately, this case also shows the risk of going to trial on these mesh claims and why settling out of court is usually the safest option. Talk to your attorney about the pros and cons of your case, as well as how it might be valued with the current settlements that are being offered. This case also highlights some of the difficulties with the multiple manufacturer cases and what can happen when there are too many people to blame. As a firm, we have found it to be more successful when we deal with one manufacturer and then the other on a claim, rather than both at the same time.

  17. kitty says:

    I feel for the p. Attorney. Egg on face

  18. anna says:

    I have been told by my case worker that I should only send medical reports that pertain to my mesh problem. This is very concerning’ I worry how this lawyers are working on this cases.

    • Still Standing says:

      Well, Anna, to me that may be a problem. I never had to send any medical records to my attorney. I signed health record releases and they had a company contracted that pulled all of them. They had a very comprehensive record of my health. By the way, so did the defense at the deposition.. They knew I had a tubal ligation after my son was born and actually asked me if I had pelvic pain then….that was.30+ years ago. I did t even remember having my tubes tied. My attorney also arranged to have all of the surgical mesh over my eight surgeries sent to be preserved. They contactedcthe hospital and surgeon before each surgery. So, to make you responsible for gathering all of your records certainly is placing an unnecessary burden on you. That should be their job.How are you to know what is related to your case? If you knew that, you could mount your own case. Did they walk you through the plaintiff fact sheet? My attorney took my answers via phone and explained each question . Then they sent it to me and I made corrections, then another call until I was satisfied that all the info was correct. I just assumed everyone’s case was worked up in this way. If not, you should ask why.

  19. Lana Keeton says:

    Too many professions profit from our pain, drug and device companies, doctors, hospitals, the FDA, the CDRH, attorneys and many others. There never seems to be a definitive end to all this. I have looked for a universal solution for years now. This ridiculous mess is ingrained in our culture and our society.

    • Jane Akre says:

      Are you calling receiving compensation for work “profit?” If I spend 1 million working up your case for trial, shouldn’t those hours and resources be compensated?- shouldn’t I receive some payment for the hours I put in? Let’s not throw around the word “profit” loosely. Now gouging someone, that is a different thing. I have wondered why a law firm that simply amasses cases and does nothing with them is also charging 40% for its “work”….to pay paralegals to keep up with the filings? To travel to a hearing and stay in the nicest hotel in town… ?

      • Janet says:

        I have worked for an attorney a top notch attorney

        He would put his lunches with the other side talking about the case.

        He stated all u have to do is mention the case and you can charge an how every lon your lunch was…

        I quit because that is wrong but they all do it.attorneys lie for there cases everyday it is what it is.is it right NO.. but it’s the Justice system .it’s wrong just like the medical system prices

      • Toni says:

        Jane, I can only speak for myself but I can tell you that my problem is just what you pointed out paying a lawyer who has not done a thing but file the suit and waits for a payday. That is not representing us. It is exploiting money from the victims. If they work I have no problem paying them well. But work it not just sign us up.

        • Don't give up! says:

          All of you ladies are in a horrible situation it’s been too long and it’s taking its toll on everyone,I know when lawyers get your information from your Drs and Hospital records Pharmacy records etc it’s not for nothing it’s a lot of money for each person just to get this information.

          I know in talking to our lawyer in the past it was mentioned that it cost is in the thousands up to ten or more just for one client to get all the information needed,and this is paid out of there pockets so they are in it for the long run don’t you think.

          It’s hard to keep waiting and waiting watching what’s going on in trials and trials being moved all the time to a further date but it has to come to an end sooner or later of course sooner would be better so we all can try to at least get on with our lives hopefully with a fair settlement.

          In my opinion our lawyer is trying and won’t leave us out to dry it has to be difficult as there are thousands upon thousands of cases this particular case was a hard one to swallow having her loose her case,but there’s been more victories for mesh victims than losses.

          Hopefully with J&J with this offer is one of many to follow as they have been holding out since the beginning,and our lawyers can do us all justice it’s hard to think positive some days when I see the hell my wife is going through but we have to try.

          • Jane Akre says:

            Thank you for your encouraging words. There are not enough words from men and families who are also going through their own hell. Thanks for sharing.

      • Toni says:

        Jane, I can only speak for myself but I can tell you that my problem is just what you pointed out now you on the other hand deserve to be paid for your service to us. Problem is most of us are broke . I am going to be unemployed soon no ins and single at 51 this has taken my good life away and I’ve always worked. Find it tough to get out of bed alot of days. Now they are putting a bladder pacemaker in me so I can empty my bladder. So that’s a life sentence. If I were to get any compensation I would surely send you money because you seem to be my only link to what is happening in this mess we are all trying to survive. Thank you so much for all you do.

  20. native says:

    This kind of verdict will make people go crazy and do stupid things our peers are stupid

    • Still Standing says:

      Well, obviously I disagree with that statement. We were not there, we did not see all the evidence presented , we did not give up two months of our lives to be a juror in this trial. To be openly critical of these jurors is not fair in any way. It is still the best judicial system in the world. We cannot call people stupid just because we disagree with them. We cannot discourage potential jurors by ridiculing them. it just isnt the right thing to do

  21. Kitty says:

    many victims may have had surgical procedures that actually are secondary to initial damage caused by mesh., That may look —to the attorneys—that it has nothing to do with mesh. We truely are the guinea pigs. AND—– Native who are the peers that you speak of?

  22. anon says:

    Toni says:
    February 4, 2016 at 2:48 pm
    Jane, I can only speak for myself but I can tell you that my problem is just what you pointed out paying a lawyer who has not done a thing but file the suit and waits for a payday. That is not representing us. It is exploiting money from the victims. If they work I have no problem paying them well. But work it not just sign us up.
    _____________

    Not true. Stop bashing attorneys. This is exactly what counsel was taking about. You have no idea. Product liability is the hardest to try out of all cases lawyers deal with. It is nearly impossible to win in most cases. Your attorney did not make the mesh, not their fault.

    • Toni says:

      Anon,I am not bashing attorneys in general. I have had a contra t 2 yrs and I have received one set of papers of the filing. I am the one who calls to ask status and it’s always the same thing. I personally feel I know more than he does about what is happening just because of following this site. We are all tired of waiting why are all of the attorneys not pushing to get these to trial.that’s what needs to happen. We all truly deserve to be heard.I hired my attorney to represent me as an individual. Not sit and wait on these companies to offer a ridiculous amount of money that won’t cover even a yr of lost income.

      • Don't give up! says:

        Hi Tony the first two years was hard for us too we must have driven out lawyer crazy with emails and scheduled calls but as time went on you come to realize that yes sometimes you do know more on what’s going on because of Jane’s hard work and dedication to keep us informed.

        But also your lawyer probably does know a little more on what they tell you but they can’t tell you for your own good in most cases it’s a huge amount of things our lawyers have to keep confidential so it won’t leak out we have become accustomed to this also the lawyers can’t tell you things they don’t know like settlements values as I’m guessing it’s an unknown right now and if your lawyer said you would get such in such and you don’t you would say but you told me this and that.

        I know someone who calls there lawyer still on a monthly basis why I don’t know as the same thing is being told as last month more than likely to this person,our lawyer’s has always said when they know something or need updates they would let us know and they have I know it’s hard but it is what it is.

        • Jane Akre says:

          Thanks for your words…… too often law firms just don’t have the personnel to handle folks. some women want to tell their life stories, which is understandable…. but they are not equipped to handle that….. so if you call, get your questions prepared and then ask them until you receive an answer you understand. repeat it back to make sure you understood properly…. just my thoughts.

  23. anon says:

    This case was flawed. It should have never gone to trial. It is a loss, move on….Who can say with all honesty which mesh caused all the damage, or the most damage? No one..

  24. Debi says:

    Do I talk to my lawyer ever week, NO. I have only spoke to my ” Lawyer” once in 4 years, but, I believe that he is working hard on my case. I don’t need to be updated every time his firm do something on my case…… I am able to call the office when ever I need any information on my case, or about thinks like J&J’s settlement. I have NEVER not been able to talk to someone. So reading all the posts makes me wonder if the ones posting have called their lawyers? I have never heard of any lawyer that doesn’t talk to their clients.

    Please do not bash the lawyers, if you are unhappy with yours or how thinks are being done in your case, you need to talk to them and maybe change…… but remember YOU are the one that hired them, they did not hunt you down. That is harsh, but true.

    so please, don’t bite the hand that feeds you

  25. Toni says:

    I do not call my lawyer every week more like everytime I need another surgery or have to go to yet another doctor for more and more problems related to this nightmare product. It has been never ending. I would just like to know they received my records and they actually reviewed them. Just be nice to know they are doing something on behalf of my case. We’re all suffering and we all deserve to be truly represented by the attorneys that ultimately will be paid when we are for the hell we been through. Am I really asking or expecting to much.

    • Jane Akre says:

      No you are not. They are supposed to be kept up to date on your conditions….

    • Still Standing says:

      Toni, of course you are not asking too much. Lets look at this as if you have $100,000 (just a number I picked), and you hired a financial investor to manage those funds. As part of them doing business, they will at the least send you a quarterly statement on the status of your investment. If you need to speak to him or her, you will not talk to an intern, you actually talk with the individual who manages your investments. Why should this be any different? You have a potential financial settlement, which your attorney will get 40% off the top. I have had an excellent experience with my firm. They send out updates to their mesh clients, they respond the same day via email or phone. I did not call them regularly because they provided updates on a regular basis. As stated earlier, I did not have to send my medical records to them. They took the responsibility of getting them. If your firm took on too many clients that they cant communicate with with them, then they have a responsibility to rectify that personnel issue. Heavens, if you place an online order to Amazon, you get email comfirmation, order status, shipping information, and notification that the package was delivered. For many mesh women, this lawsuit is critical to their care…it will determine what kind of treatment they can get, whether they can keep their home, their job, their quality of life, and quality of retirement years. I give thanks every day that my husband and I have weathered the financial devastation from this, but it certainly has impacted what we planned to do in retirement. So, I dont think it is out of line to expect clear and reliable information from the firm that represents us. Yes, we did hire them, but, unfortunately it is difficult to “fire ” them because no other attorney will pick up a case in litigation by another firm. They need to realize how much NOT KNOWING impacts our physical and emotional well being. Open communication is not too much to ask. It is how a successful business does business. Women with mesh know far too well how poor and dishonest communication allowed mesh to stay on the market. It is only right that those who represent us rise above it.

  26. Debi says:

    Toni, I think you are definitely doing the right thing. We need to inform them with any changes or updates in our cases.

  27. Toni says:

    Thank you all for the nice words. Lord knows we all have been through enough. It gets to the point were you feel no one cares or understands what we are really going though. Doctors that have no clue how to help or even worse treat you like your a hypochondriac or something. I have been tossed from one doctor to the next. I requested a referral to Dr Veronikis from this site. He was great did my removal but it is to far to go now for issues I have had since. I am now on perm antibiotics constant UTI hope this works . Pain of 8 months of constant infection took a huge toll on me. I so wish I would have never had this surgery wish I had never seen the doctor that said he was going to make me so much better. I went to him birth control. Next thing I hear is I need a hysterectomy. We all thought doctors know what is best but they buy into what these pharma companies are selling them on like as we all have been told. This gold standard . It’s more like fools gold.

    • Still Standing says:

      Toni, i hear you on the UTI gig. It is just miserable. I recently posted under the Welcome article on this site to someone else who was having recurrent UTI so take a look at it. I think I have finally gotten a handle on it, but had them for almost three years until my doctor put me on long term antibiotic therapy for seven months. But, I have also started an anti-inflammatory diet, which helps dramatically( bladder and pelvic pain) and I take cranberry capsules. I will be glad to visit with you via phone or email and share some of my tips ( definitely learned the hard way) and you can share yours. A big breakthrough has come as I have been seeing an Integrative Health MD. I have become sensitive to very many foods. He thinks the sensitivities are a result of the mesh inflammation and just an overloaded immune system, so eliminating those foods has helped reduce inflammation. I will be glad to share his wisdom as well. It is a bit pricey and insurance doesnt pay, but I just decided 2016 was going to be the year that I get myself in a better place physically. I started seeing him after my eight mesh surgery in October. His advice and treatments have done so much for me and I will pass along what I know to anyone who is interested. Jane has my email and she can give it to you if you contact her directly then we can chat. I know we all have discovered things that help and for me, the more tools I have the better.

  28. anna says:

    Maybe I misunderstood this trial but, it seems to me that her hernia mesh was a surprise to this case. I am sure her lawyers were aware of her hernia mesh, after retrieving all her medical information as it is said. They should have been ready to show the difference of the area, and harm that is different from one to the other. And as per the comment don’t bite the hand that feeds you. Well I must say in respect to this as far as I see, I have been the only one feeding myself right now..but if we start winning some case, we will be feeding our lawyers, and their families too. I Think someone is either looking at the other side, or putting blindfolds not to hurt this corporations. Take the blindfolds off ,and you will see what true suffering is like. As per all this court sessions someone should have already mandated all this companies to pay the piper, why waste time. They have enough evidence to send them to jail. Stop putting things under the rug, and use the money you paid for your defense to help with the damage that you did.

  29. Toni says:

    Anna I couldn’t agree with you more. We are the ones who have suffered and we hired our lawyers to fight for us. Don’t have a problem paying them but I want them to earn it. Mine did not tell me I would be in an MDL mine in new Jersey . So I wait and wait while my life falls apart and my health goes down the tubes. Just would be nice if my lawyers would let me Know say every 6 months what they know on status.

  30. Still Standing says:

    Jane, I will absolutely do a story. UTIs seem to be one of mesh women’s most common concerns. They do take a tremendous toll ….they are miserable for anyone, but for us, they increase our muscle pain as well. It is just adding insult to already discouraging and overwhelming injury. I will work up an outline and send to your email and maybe shoot for next week.

    • Jane Akre says:

      okay…. it doesnt have to be much or we could do a phone q and a. I will keep you anonymous. janeakre@meshnewsdesk.com

    • Janet says:

      Let me know what antibiotics you have taken.

      I have been on 2 long term many times and I get off after 9 to 10 mo. It comes back again.

      I have been given rocefrin iv and it stayed away for 2mos.

      • Still Standing says:

        Janet , I took keflex long term. Is your doctor doing a urine culture each time you have a UTI? You have to take an antibiotic that the bacteria in your urine is sensitive to. Also, is your doctor comfirming the UTI with a cathed sample? You need more than a pee in the cup sample. Make sure these things are happening. Pelvic floor hypertension can also mimic UTI, so you need to make sure you truly have an infection.

        What made a difference to me is making some diet changes. This is so important. It is hard, but get rid of acidic foods….coffee, soda, brewed tea ( you can make sun tea, the brewing in hot water is what releases the acid in tea. Herbal teas have acid ,too. Chammomille and peppermint tea are ok. ), dairy, sugar, yeast and processed carbs also create bladder sensitivity. If you can eliminte coffee, soda, citrus juices( orange juice especially,) dairy, sugar and bread initially you could see dramatic results. Jane and I are going to do article avout UTIs soon, and I will pass on some more imformation. You can take a product called Prelief available at Walgreens, CVS and others. When you take it before you eat a bladder inflammatory food, it will remove the acid. Most of these things I have been taught by my urogynecologist and his nurse practitioner as well as my integrative health Md.. They have been great teachers. Stay tuned for more info.

        • Janet says:

          Yes..cultures and always come back the same infections bacteria . Rocefrin was the only thing that really worked for me intervenes . I never had a UTI’S in my life until this .

          I am also receiving kenalog injections for the pelvic pain..

          They actually help but does not last long. .but at thus point I love having a little relief than nothing. .

          • Still Standing says:

            Same thing here? Never a uti in my life until after mesh. Are your cultures e-coli bacteria? Mesh does so much damage to our plumbing. As far as kenalog, take your pain relief anywhere you can get it! How long do they last? What other pelvic pain tools do you have?

  31. Don't give up! says:

    Toni Just love your last comment on the Gold Standard,and no your not asking for much having an update at least every six months sometimes after talking to our lawyer and getting off the phone we do think sometimes is he telling us everything he knows it’s hard not to, but do we really need to know if it’s negative information as we surely don’t need no more bad news if where to be.

    Still Standing I think that’s great that your taking back control of your life or at least trying to health wise by putting your foot down and trying to get yourself in a better place physcally I know how hard it must be as I go for walks with my wife on a daily bases if possible like today it’s minus 24 wind gusting but we have to go.

    My wife has high cholesterol and high blood pressure due to this crap also type two diabetes she never had until after her second revision and a lot of other complications like so many,Drs have told her she has to do this or she WILL just get sicker.

    So you say cranberries I will let my wife know this thank you, and best of luck to all of you guys.

    We need a nice warm Holliday lol.

    Jane these four people who want out of the MDL are they planning to take these guys on themselves or is it there lawyers trying to pull them out thx.

    • Still Standing says:

      Bless your heart. There will be a special husband heaven for men like you. Thank you so much for showing your compassion. It is heartwarming. Just for clarification it is cranberry tablets, not cranberry juice. I buy the target brand. They are pretty cheap. Cranberry juice can help prevent UTI, but for those with ongoing UTI it can be very irritating to the bladder. Sadly, I think that is the case for most mesh injured women. On another note, I don’t think a plaintiff can pull out of an MDL. We have no control over it from what I can figure. Federal judges set up MDLs and the cases are transferred. I would be interested in how those who have cases in state courts escaped being dumped into an MDL.

  32. Don't give up! says:

    Thank you Still !… Yes it would be interesting to what happens with these people you would think this late in the game so to speak this might be a bad move in trying to pull out I know a lot of people must be getting frustrated on how slow it’s been but things seem to be happening now at least there offering some sort of a settlement.

    But with that being said it’s not much guessing people want there day in court but once again your taking your chances,we all just wish these games being played would stop and they would just do the right thing and be fair about it,as your all sick and injured as it is from these products let alone the stress of all of this you are all going through,plus the waiting game there playing.

  33. anon says:

    It is a miracle, and I don’t really believe in miracles, that mesh patients have a few doctors who are not afraid of mesh, or know how to remove it from their bodies, and know what mesh patients live through every single day, because they have heard the very exact same testimony, without hesitation, from every mesh patient they have ever seen. It never wafers.

    All good, three days in…and all bad afterwards if you do not have follow up care. Three days to count down..

    Day 1, get all papers and yourself ready for admission o hospital or office for removal surgery.

    Day 2, Admit self to hospital to prepare for mesh removal surgery. Have the surgery. Wake up from the surgery and pray to die from the pain. Wonder what you ever did to anyone that could result in suffering of this nature. It feels like the same day you had the mesh installed, and you think the nightmare is starting over again, but will be much worse this time. It is so scary when you first wake up from mesh removal surgery. There is so much going through your mind, and the patient is so damn scared and the first question is always, did you get it all doctor? Second question; How does everything look down there, am I gonna be ok?

    Day 3, you go home. You have one follow up visit with the doctor weeks later, and then you are on your own. Unless, you have an established relationship with an OBGYN, you will find it hard to be accepted as a new patient.

    Having the doctors remove the mesh is wonderful, but these same few doactors are going to have to expand their practices asap, and train new staff asap, to take over extended care for all female mesh patients. There is no alternative. The other doctors do not want that liability and they will keep referring mesh patients out over and over again to avoid treating them.

    Until everything is worked out, mesh patients will continue to suffer.

  34. Sheree says:

    And I was told a few weeks ago by someone that had gotten a settlement that they did malpractice also. She had 7 surgeries. And had a different lawyer for mal practice. Of course when I find this out, the statue of limitations has expired.

    • Jane Akre says:

      Sheree, my understanding is that since medical malpractice is capped it is rarely profitable for an attorney to take one on. The exceptions might be for an injured child or someone who had a huge salary……but keep in mind, if you state caps awards, it may not exceed what it costs to bring your case to court.

  35. Toni says:

    So in other words we can win a malpractice case and get nothing for the injuries we have to live with. Where is their justice being done with this kind of thing happening. Really think about it. Where is we the people for the people. The companies the government are all in cahoots with each other . We the people just pay them and they take our money and use it against the little people they harm for profits. So much injustice in all of this.

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