Judge Goodwin to Dismiss Thousands of Non-Revision Ethicon Mesh Cases

//Judge Goodwin to Dismiss Thousands of Non-Revision Ethicon Mesh Cases

Judge Goodwin to Dismiss Thousands of Non-Revision Ethicon Mesh Cases

Judge Joseph Goodwin

Mesh Medical Device News Desk, April 11, 2018 ~ Judge Joseph Goodwin, overseeing more than 104,000 pelvic mesh product liability cases filed in his West Virginia court, will dismiss more than 13,000 non-revision Ethicon mesh cases, allowing them to be refiled if the woman undergoes an attempted mesh removal within five years. 

This agreement was reached with Ethicon, a division of Johnson & Johnson, and allows the statute of limitations to begin again upon her revision date.  

JUDGE GOODWIN CLEARS THE DECKS OF NON-REVISION CASES FOR NOW 

In Pretrial Order #293, issued Wednesday, April 11, federal Judge Joseph Goodwin, overseeing thousands of  defective product pelvic mesh cases amassed in multidistrict litigation (MDL), plans to dismiss more than 13-thousand Ethicon mesh cases where the plaintiff has a mesh-in-place with no attempted removals, also known as revisions.

There are many reasons a woman may not have her pelvic mesh removed – compromised health, a risk of going under anesthesia, a new complication to her health, a warning from her doctor that the risks of revision outweigh the benefit – all might preclude having a mesh removal.  Now that may count against her.

For a woman who may have died from mesh complications or suicide from pain associated with her pelvic mesh, before undergoing mesh removal surgery, her case may be over.

A removal or revision is defined by the court as one that involves general anesthesia, not a removal attempt with a local anesthesia  in a doctor’s office, sometimes known as, “trimming the mesh.”

Responding to a Motion by Ethicon (ECF #5313),  “regarding disposition of non-revision Gynecare TVT Products Cases” Judge Goodwin has agreed to voluntarily dismiss without prejudice pelvic mesh cases, “with the ability to refile in a federal district court of proper venue and jurisdiction within five (5) years of dismissal of the pending litigation should plaintiff undergo a medically necessary Revision Surgery, be recommended for a medically necessary Revision Surgery, or otherwise undergo multiple qualifying procedures described below, within those five years.”

Ethicon, within 60 days of the order, agrees that if a non-revised plaintiff has a revision surgery within five years of dismissal, that the statute of limitations shall begin on the date of that revision surgery. She may then file a second lawsuit without suffering any limitations imposed by the original statute of limitations.

Ethicon further agrees for plaintiffs who have more than one office revision of the mesh and have trigger point injections, vaginal physical therapy or vaginal Valium, will be treated the same as those plaintiffs who undergo revision surgery within five years.

The meshes made by Gynecare include TVT Retropubic and Obturator and Abdominal System, Gynecare TVT Abbrevo or Exact Continence Systems. Meshes no long on the market but sold by Ethicon include Prolift, Prolift +M, Prosima and TVT-Secur, as well as Gynemesh PS and Prolene are included in this order if they are mesh-in-place with no revisions.

Judge Joseph R. Goodwin,

“This court is well aware of the issues in this litigation and believes there is significant value to the plaintiff who has not undergone a revision surgery not being required to go forward with a case at this time when there is a possibility that they  could be at risk of a surgery in the future”~ Judge Joseph Goodwin

 

THE OTHER OPTION

Non-revision women have until June 10, 2018 to accept the offer or continue her case with no waiver.

Those who opt not to dismiss her case must deliver by July 30, 2018, a Plaintiff Fact Sheet, documentation of lost wages, documentation of medial expenses and all medical records on her gynecological history for five years before the date of implantation of an Ethicon Gynecare TVT Product.

Plaintiffs must also submit all medical records relating to the alleged injury and to the mesh implant, revision, and any treatment for prolapse and incontinence.  See the complete list on pages 9 and 10.

The other mesh manufacturers in this MDL- CR Bard, Boston Scientific, AMS, Cook and Neomedic are not effected by this order.

ETHICON TRIALS IN WAVES 7 & 8 MOVE FORWARD 

Ethicon pelvic mesh cases amassed in Wave 7 are set to be heard in a Charleston, WV trial scheduled for on May 15, 2018.  Wave 8 cases should be heard in Charleston or another venue in the fall.

The federal court in West Virginia has amassed more than 104,000 transvaginal mesh cases. Ethicon has consistently has the largest case load with in excess of 55-thousand product liability cases facing the healthcare giant, both in the U.S. and abroad, according to its SEC filing.  ###

LEARN MORE

Ethicon Pretrial Order #293, Order Regarding Disposition of Non-Revision Gynecare TVT Products Cases
https://www.wvsd.uscourts.gov/MDL/ethicon/pdfs/PTO_293.pdf

Ethicon MDL ECF 5313 Motion to dismiss, March 2, 2018 

Pretrial Order #269 – Wave 7 Cases
http://www.wvsd.uscourts.gov/MDL/ethicon/pdfs/PTO_269.pdf

Pretrial Order #280- Wave 8 Cases
http://www.wvsd.uscourts.gov/MDL/ethicon/pdfs/PTO_280.pdf

By | 2018-05-16T11:40:44+00:00 April 12th, 2018|Legal News|68 Comments

About the Author:

I’m National News Editor, Jane Akre and I began Mesh Medical Device News Desk aka Mesh News Desk (MND) in the summer of 2011 just after the Food and Drug Administration issued an explicit warning to the public that complications associated with surgical mesh used for prolapse repair (POP) and incontinence (SUI) are NOT rare! That was the starting point for the litigation you see today and thousands of lawsuits have been filed by women whose lives have been altered, some permanently, by the use of this petroleum-based product.

68 Comments

  1. Gina April 12, 2018 at 7:44 am - Reply

    Does he not get that our insurances won’t pay for this revision surgery so we’re left with living in pain? Most of us were waiting on some form of compensation to afford getting it removed. He just wrote a death sentence to a lot of women.

    • Jane Akre April 12, 2018 at 8:45 am - Reply

      You make an excellent point. Insurance led some women to mesh in the first place, then wants payback from any settlement and fight women who want revisions. Please insist to them you only go to an expert at mesh removal!

  2. Gail April 12, 2018 at 10:04 am - Reply

    I suggest u go to a co that lets borrow money against your lawsuit. I dont have to pay it back if u don’t win your suit. Get the money get the revision immediately and re file your suit. I borrowed money against my lawsuit in 2012 so I could live whole getting surgery and then they took it out of what I received. Make sure u keep going back and having reconstruction also. The more surgeries the more u get.

    • Jane Akre April 12, 2018 at 11:36 am - Reply

      Not always true, you may have to pay back the loan and the interest may be astronomical. Just ask others who have done so……

      • Billie A April 12, 2018 at 9:14 pm - Reply

        Exactly Jane…ASTRONOMICAL!!! 2YEARS ago I took a presettlement loan and currently owe 3x what I borrowed. My attorney begged me back then to not do it…fortold this would be the consequences.

      • B May 10, 2018 at 11:53 pm - Reply

        Yep yr right, they say interest is to be capped after 4yrs but it wasn’t in mine they took out over half of what I got.

        • Lynne Dwyer July 25, 2018 at 2:52 pm - Reply

          Yes. People in need – need to be encouraged to speak up. Those that have committed suicide from the pain, need not apply. The article cites two women who have not been implanted – don’t have pain and seem to have little concern for their needs in the future. What about those who have been waiting it out, so that they could afford either premiums or self pay? BTW, is there any notation that upon resubmission, these resubmitted cases go to the back of the court calendar pushing any chance at a court date or settlement possibility another five or more years delay? There seems to be a lot of blind space involved. Why would the case necessarily die if the plaintiff dies? Why wouldn’t his/her estate and the heirs to the estate have the right to continue as their plaintiff relatives adjunct representatives. Wouldn’t the plaintiff have a right post desth to clarification – especially, if the mesh had any contributing factor to the death. Goodwin will more than likely be gone from the issue. The lawyers themselves will most likely be gone. The political or lobbyist power of the companies may have any number of influential effect on getting these cases that had been held in no mans land brought forward again. “My old granny used to say “a bird in the hand is worth two in the bush”. Citing two lwomen, who don’t much mind havingl their cases shelved – and, another whose case will remain active, but, whose interests rest with, maybe there will be more for us – (the following is my interpretation), if we get rid of some others. Does not, I believe, absolutely represent the true feelings for those left out. Left out, as the cases begin to move towards settling. How is it ethical, to have any number dropped on bogus made up reasoning – not in the early days of deliberation – before all those so called bell weather cases brought in millions of dollars, but after the fact. The most vulnerable, legally, get the boot.
          The only point taken here – is if any future surgeries could make a profound difference in their award. In order to accomplish this – all medical evals, testing, legal documentation for the ensuing time lapse has to be brought up to date. Are the lawyers getting paid more for all this extra work? Clients compensated more so they can pay back monies they borrowed or now owe attorneys more. I don’t see or hear how Judge Goodwin envisions all of this happening
          All of this will rest on the backs of people who have been traumatized and more than likely not feeling well for many years.

    • Cathy April 16, 2018 at 9:01 pm - Reply

      Gale,
      As a 5 time survivor of mesh surgeries,your was of thinking saddens me. The more surgeries you have the more money you can get! I would rather have my life back than any repeated surgeries. I have had the complete reconstructive surgery in 2011 and still, I’m not the same person.
      I would never suggest anyone to keep going back just because you think you’ll get more money.
      Please correct me if I am misunderstanding your post.

      And, if you live near a health and science hospital and the doctors tell you that you need a revision or reconstruction to correct your problem. The have assistance and help with paying your medical bills if you’re on a fixed income or disabled.

  3. anony April 12, 2018 at 10:29 am - Reply

    Gina, I was so desperate years ago for mesh removal surgery that I spent a hundred something dollars I didn’t really have to buy insurance online. It turned out they never paid because it was preexisting but I got my surgeries. Anyone going through this is going to have 12 pages of medical bills on the credit report no matter what.

  4. anony April 12, 2018 at 10:30 am - Reply

    Why is the commenting glitchy now? I posted a comment on another article and it didn’t go through…

    • Jane Akre April 12, 2018 at 11:33 am - Reply

      I needs to be approved… doing so now.

  5. Anon April 12, 2018 at 11:57 am - Reply

    My heart is breaking for these women, because no revisions does not mean that you are (not) injured.

    • Anon April 12, 2018 at 9:57 pm - Reply

      Please…Do not give up! Mrs. Barbara Kaiser just received a 35 million dollar judgement from a jury after only (one) attempted revision. You are the most important advocate of your case/life.

  6. Crystal April 12, 2018 at 12:16 pm - Reply

    I have had to borrow money from these loan companies and the fees associated, it’s ridiculous, highway robbery at its finest. That being said, I feel for women that cannot afford these surgeries or don’t know who to see for help BUT insurance WILL cover the revisions of you go to the right doc. Some doctors that do mesh removals do not deal with insurance but not all doctors are that way. I’ve been fighting my mesh for 6 years and FINALLY after fighting back and not taking no for an answer and after several surgeries, my mesh has been totally removed

    • Jane Akre April 12, 2018 at 1:27 pm - Reply

      Congratulations Crystal…. how do you feel? Was the change immediate? What symptoms subsided if any? Thanks for writing.

      • Crystal April 12, 2018 at 3:25 pm - Reply

        Jane, I’m still in a lot of pain and have suffered permanent damage though some days are better than others. I am still very symptomatic and my doc said I’ll likely never fully recover from this but I remain hopeful in this gruesome fight

  7. Jan April 12, 2018 at 2:33 pm - Reply

    I believe he did. A great thing
    Because if you are not having issues why get it removed.. Apprently those have had no issues..
    Maybe this will speed up for everyone else that have had issues and did have a removal…
    I do believe that this stuff needs to be tested before implant into humans there had to be some way to do so..
    He really needs to do Boston Scientific
    The same way..
    But these manufacturers need to do the right thing by people they make BILLIONS. They know that this stuff is not good for people
    Stand up and make good out if a bad situation that your device caused
    Be honest not greedy and selfish
    You can do alot better

    • Jane Akre April 12, 2018 at 2:47 pm - Reply

      “Apparently those have had no issues…” on what do you base that assumption? Some with no removals simply cannot afford removal, their insurance won’t pay, they’ve lost their insurance, they are so sick they cannot undergo anesthesia, there are many reasons why someone may not have a revision AND they may still be suffering from complications….If you have not had a revision, please let us know why you didn’t and thank you!

    • Anon April 12, 2018 at 5:45 pm - Reply

      This PTO includes all manufacturers

      • Anon April 14, 2018 at 10:51 am - Reply

        Correction…According to this article, all manufacturers are not involved in this PTO, however, I do see Bard, AMS and Boston Scientific case members listed on the order.

        • Jane Akre April 14, 2018 at 11:02 am - Reply

          I believe that’s because some women have more than one implant, so that would include an Ethicon one. I reviewed recent orders in all of the MDLs, and it only appears to apply to Ethicon.

  8. Cyndi April 12, 2018 at 4:10 pm - Reply

    How do you find a doctor that will attempt to take it out? My doc has washed her hands of me, but she wasn’t the one that put it in.

    • Crystal April 12, 2018 at 4:53 pm - Reply

      Jane should have a list of doctors that do mesh removals. If I remember correctly, she posted a list in another threads comments on doctors that specialize in removals

      • Jane Akre April 12, 2018 at 6:35 pm - Reply

        Some docs who people like:::

        Dr. Charles Butrick in Overland Park, KS.
        Dr. Michael Hibner in Phoenix. (602) 406-6017. Dignity Health
        Dr. Raz, Urology Department, UCLA. 310-794-7700
        Dr. Lennox Hoyt, Tampa, 2 Tampa General Circle, 4th Floor Tampa, FL 33606 (813) 259 – 8500
        Dr. Christopher Walker in Orlando, private practice, UroGyn Specialists 407-648-9400
        Dr. Una Lee, 206-341-0560. Seattle, WA, Virginia Mason
        Una Lee, Virginia Mason
        Edit contact
        Home: una.lee@virginiamason.org
        Work: +1 206-577-9921
        Mobile: +1 216-406-4808

        Miklos and Moore in Atlanta, 770-475-4499,

        Dr. Rakesh Patel- Orlando

        Dr. Veronikis in St. Louis – 314-251-6753. dveronikis@stlgynsurgery.com (He works with Sara Wood MD, also doing pelvic mesh surgeries)

        Dr. Phillippe Zimmern in Dallas. U Texas Southwestern Medical Center, Professor Urology, 214-645-8765, 214-648-4765

        Dr. Michael Hibner in Phoenix. (602) 406-6017. Dignity Health

        ***Dr. Raz, Urology Department, UCLA. 310-794-7700

        Daniel Elliott, Urology at Mayo Clinic, MN 800-446-2279, referring a pt 800-533-1564

        Dr. Christopher Walker in Orlando, private practice, UroGyn Specialists, 407-648-9400

        Dr. Ali Azadi in Louisville, Norton Healthcare, U of Louisville School of Medicine, Ob-Gyn, 502-409-5600

        Dr. M. Tom Margolis in SF Bay area, private practice, Bay Area Pelvic Surgery, 650-228-4052

        Dr. Bruce Rosenzweig, Rush University, Chicago, Ob-gyn, 888-352-RUSH (7874)

        Dr. Jerry Blaivas, New York City Urology, 212-772-3900

        Dr C. Y. Liu, gynecologic endoscopic surgery, private practice, NYC 212-988-1444

        Dr. Robert Furr, Women’s Surgery Center, Chattanooga, TN. 866-899-0679.

        Dr Una Lee, Virginia Mason Clinics in Seattle, 206-341-0560

        Dr. Greg Vigna, 318-548-2649, pudendal neuralgia damage

        Dr. Christian Twiss, Tucson, U of Arizona

        Dr. Jeffrey Snow, Pembroke Pines, colorectal surgery and hernia mesh http://www.jeffreysnowmd.com/ 954-450-1617

        Dr. Francisco Orejuela, Baylor Hospital, Houston, Tx
        Docs I’ve heard reports on:
        Dr. Gregerson in Nampa, Id. He now refuses to use mesh. Too many complications after surgery and is now a follower and study of Dr. Raz

        Dr. David Ellington, U Alabama 205-934-6507 http://www.healthgrades.com/physician/dr-david-ellington-gcjpc

        Dr. Parnell FACOG in Birmingham, AL, Brookwood Med Center, ultrasound.

        Kenneth Peters, Urologist, Beaumont Hospital in MI- on interstim and implanting into the S2-S4 and the pudendal nerve pain improved. https://www.healthgrades.com/physician/dr-kenneth-peters-2xhbg

        Dr. Robert L. Summit, urogyn, Memphis
        Dr. Val Vogt, Memphis
        Dr. Bob Shull, a urogyn from Temple, Texas.
        Antonio Pizarro. Shreveport, LA 318-221-0021. http://www.pizarromd.com/
        Dr. Speights of Jackson Mississippi.
        https://www.healthgrades.com/physician/dr-steven-speights-2fl3f
        Dr. Sara Diaz of Richmond, Indiana
        http://health.usnews.com/doctors/sara-diaz-valentin-641082

        Doctor directory names
        These docs have appeared at trial, I’ve met them, I know they remove mesh, and/or I’ve interviewed them:

        Dr. Charles Butrick in Overland Park, KS.
        Dr. Michael Hibner in Phoenix. (602) 406-6017. Dignity Health
        Dr. Raz, Urology Department, UCLA. 310-794-7700
        Dr. Lennox Hoyt, Tampa, 2 Tampa General Circle, 4th Floor Tampa, FL 33606 (813) 259 – 8500
        Dr. Christopher Walker in Orlando, private practice, UroGyn Specialists 407-648-9400
        Dr. Una Lee, 206-341-0560. Seattle, WA, Virginia Mason
        Una Lee, Virginia Mason
        Edit contact
        Home: una.lee@virginiamason.org
        Work: +1 206-577-9921

        Miklos and Moore in Atlanta, 770-475-4499, Jeff Rimmel is their CEO, jrimmel@miklosandmoore.com
        Mayo Surgical, Stuart Hackworth, has a network of doctors, get thru by Rimmel
        Dr. Veronikis in St. Louis – 314-251-6753. dveronikis@stlgynsurgery.com (He works with Sara Wood MD, also doing pelvic mesh surgeries)
        Dr. Phillippe Zimmern in Dallas. U Texas Southwestern Medical Center, Professor Urology, 214-645-8765, 214-648-4765
        Dr. Michael Hibner in Phoenix. (602) 406-6017. Dignity Health
        Dr. Raz, Urology Department, UCLA. 310-794-7700
        Daniel Elliott, Urology at Mayo Clinic, MN 800-446-2279, referring a pt 800-533-1564
        Dr. Christopher Walker in Orlando, private practice, UroGyn Specialists, 407-648-9400
        Dr. Ali Azadi in Louisville, Norton Healthcare, U of Louisville School of Medicine, Ob-Gyn, 502-409-5600
        Dr. M. Tom Margolis in SF Bay area, private practice, Bay Area Pelvic Surgery, 650-228-4052
        Dr. Bruce Rosenzweig, Rush University, Chicago, Ob-gyn, 888-352-RUSH (7874)
        Dr. Jerry Blaivas, New York City Urology, 212-772-3900
        Dr C. Y. Liu, gynecologic endoscopic surgery, private practice, NYC 212-988-1444
        Dr. Robert Furr, Women’s Surgery Center, Chattanooga, TN. 866-899-0679.
        Dr Una Lee, Virginia Mason Clinics in Seattle, 206-341-0560
        Dr. Greg Vigna, 318-548-2649, pudendal neuralgia damage
        Dr. Christian Twiss, Tucson, U of Arizona
        Dr. Jeffrey Snow, Pembroke Pines, colorectal surgery and hernia mesh http://www.jeffreysnowmd.com/ 954-450-1617
        Dr. Francisco Orejuela, Baylor Hospital, Houston, Tx

        • Crystal April 12, 2018 at 6:49 pm - Reply

          I see Dr Furr in Chattanooga and he has done more for me than any other doctor and I am very thankful for him. Dr Furr does accept insurance and it very thorough with his patients. Dr Miklos and Moore are amazing doctors as well but they do NOT accept insurance and you’re left with 30-40k in medical Bill’s. I’ve heard great things about Dr Raz at UCLA but his wait time for an appt is crazy. I had an appt with Dr Raz but had to wait 6 months to actually get in. I found Dr Furr while I was waiting and I’m glad I did, he has been a miracle worker for me. This is just my input but hope it can be helpful to some

          • Jane Akre April 12, 2018 at 7:10 pm

            Hi Crystal, Always ask a doctor for cancellations and get on a wait list and bug them…. people do cancel. I’m glad you had a good doctor…. so important aftre what you’ve been through.

  9. Barb April 12, 2018 at 6:03 pm - Reply

    What if you have mesh erosion through the vaginal wall, pieces of mesh removed and saved as evidence WHILE undergoing pelvic reconstruction surgery because original surgery failed? Most of mesh not removed at this time, although there were two pelvic followup reconstruction surgeries. Explain more about the 5-year statue of limitations after June, 2018. Really worried about this decision.

  10. Kate April 13, 2018 at 3:19 am - Reply

    Dr Miklos did vaginal revision.. erosion and scar tissue in 2013. My husband and I asked him would he please take it out of pelvic area. His answer was “absolutely not!” You would stand a great chance of hemmoraging and death. I have the nightmare “Boston Scientific Obtrx” that was placed in 2006 along with finishing off hysterectomy, vaginally. Right off the bat I started having so many problems.I then, (not knowing) just how serious it was, went to my local urologist just for an opinion.. He was so upset with me for having this put in. He stated, you have ruined your body! This is like having rhubar in concrete or picking chewing gum out of your hair. He was so upset, he walked out. I have since been to several urologist and recently to a urogynecologist. No other Dr. wants anything to do with me. I’m always told oh no, the mesh comforms nicely to your tissues..yeah right! I practically begged the urogynecologist to clean out the scar tissue again.. he said, NO, no surgery is needed. My husband and I have been intimate maybe 6 or 7 times since 2006. I’ve lost my womanhood.. I don’t even like to watch romance movies anymore.. which is trivial to all of this. Depressed, sad and grieving for my old self again that I will never get back!

    • Jane Akre April 13, 2018 at 9:15 am - Reply

      I’m so sorry Kate. The psychological scarring from this chapter of women’s health is one that is now being recognized by Australian women in their class action, yet the treatment of women implanted with PP mesh who are looking for relief, continues to include demeaning the woman for her own condition.

    • Crystal April 13, 2018 at 10:23 am - Reply

      Reach out to Dr Furr in Chattanooga, TN. I had a very complex mesh case, doctors would not touch me and was being told I would have to live with the pain and that the mesh would never fully be removed. I found Dr Furr in 2016 and went through a full year of surgery in 2017 but he was able to remove all my mesh even with very high risks. He’s worth the wait

  11. Jane April 13, 2018 at 1:19 pm - Reply

    How can we afford the surgery if your insurance doesn’t cover it. The drs o, the list are not in the state im in therefore my insurance won’t cover me…HELP

    • Jane Akre April 13, 2018 at 1:34 pm - Reply

      Jane you must become a squeaky wheel. Your insurance should NOT be directing your medical care. Insist you require a specialist for an assessment and if advised, a removal. You are wasting insurance money and your health by going to anyone not experienced in this specialty. Write a certified letter…. here is a template… to customize to your situation and send by certified mail to your insurance group executives AND media office.

      https://www.meshmedicaldevicenewsdesk.com/open-letter-to-insurers-concerning-mesh-injuries/

  12. Mart April 13, 2018 at 11:44 pm - Reply

    Try Pittsburgh WOMENS Magee hospital on halket street awesome doctors and staff

  13. Mart April 13, 2018 at 11:48 pm - Reply

    I had my mesh removed at this hospital the mesh perforated my urethra I had to have my
    Urethra reconstructed and wear a bag for 2 weeks afterwards the mesh was also embedded
    Into my tissues I’m still suffering from pain the mesh caused a sack to form on my urethra and I
    Constantly had repeated infections I now have to self catheter but Magee WOMENS hospital in
    Pittsburgh is awesome I think they changed the name but it’s on halkett st in Pittsburgh

  14. Mart April 13, 2018 at 11:49 pm - Reply

    And they accept insurance at this hospital

  15. Laura G April 14, 2018 at 10:04 am - Reply

    When you can’t work, you can’t get disability, and you struggle to keep food on the table and electricity, you simply cannot afford a co pay for surgery! Of course the judge has never felt the stress of such worries. Bad move Judge!
    This makes you no better than the company that’s killing us with their poison.

    • Jane Akre April 14, 2018 at 10:31 am - Reply

      Laura- I’m wondering if your law firm can either forward the dollars needed for surgery, or have a lien against your eventual settlement, so the doctor is paid eventually… He would have to be willing to wait ( which isn’t likely)… a lien with no interest ( even less likely) It might be easier for law firms to front the dollars, especially if they plan on taking 40%….Just some thoughts. Limbo is not a good solution either and that’s what you were existing in when manufacturers refuse to settle.

  16. Mary April 14, 2018 at 10:09 pm - Reply

    The amount tiered bu the special master over even 2 surgeries (implant, removal) or 3 (implant, revision, removal) is going to be between 75-100k IF you are lucky! They don’t do punitive. The bell weather trials? What we get isn’t a drop in the bucket. I should have gotten 6x more than I did based on bellweather. However, my attorney and cocouncil advised and threatened to drop me if I didnt take the settlement.
    Remember, 40% goes to your attorney & 5% goes back to the court ordered fund to pay fpr specialized witnesses etc.
    Get a copy of your filing. I didn’t know we had access, but mine was filed as a jury case. My lawyer made me settle or drop.

    Ladies, DO NOT SETTLE!

    • Jane Akre April 14, 2018 at 11:38 pm - Reply

      Mary- Your law firm had the option to pay part or all of the 5%. I guess they had you pay. They assume you don’t know that. Well now you do! And they charged you 40%? Was your case ever worked up for trial? 40% is a great deal to negotiate a settlement. Please consider a contract something that you can negotiate…. ask to reduce the percentage before you retain them. I’m not a lawyer, but have learned that the percentages are all over the place. Some firms even reduce their take the more money is on the table,,,for example, the second 500,000 is less than 33.3% and anything over $1 million is even less somewhere in the 20% range. These are very fair contracts and you should negotiate before you sign a retainer agreement. I’m not an attorney BTW.

      • PSH Annonimous May 11, 2018 at 6:01 pm - Reply

        Jane

        What do you mean “My law firm HAD THE OPTION to pay all or part of the 5% I guess they had you pay.” Jane – Did I have an OPTION to get out of paying it all?

        I have read all of the PTOs (it’s been a while so I’m writing from a frazzled memory) and what I remember about the 5% assessment is this. Judge Goodwin made a decision early on in the litigation that “someone” would have to pay the fees of the major attorneys litigating and special masters performing the settlements. Not all and certainly not most of the attorneys representing claimants actually litigated. Therefore Judge Goodwin arbitrarily decided these legal fees would probably be worth 5% of each claimants settlement. Two of his PTOs made reference as to “who would pay the fees of these attorneys and special masters – the 5% assessment. They stated something like “If the defendant (meaning Ethicon, Bard, etc.) doesn’t pay the 5% assessment, “THE PLAINTIFF, PLAINTIFFS ATTORNEYS, OR BOTH will pay the 5% assessment” -I don’t remember reading that anyone had the OPTION to Pay. I was given no option – my attorneys made it mandatory that I pay it. Therefore when I signed my settlement papers, I signed that I would agree that the 5% assessment fee would be deducted from it. Was I given a snow job? Jane – Was my attorney supposed to pay half of the assessment?

        I will say Judge Goodwin gave us all a snow job. I was not informed when I agreed to pay 40% of my settlement to my attorney that I would also have to give an additional 5% to Judge Goodwin’s assessment fund. This is an after the fact fee assessment to which I signed no agreement. I understand the Court has untold authority however mandating that I pay this assessment FEE in addition to the attorney FEES I had already agreed to is essentially CHANGING the legal contract with my attorney and thereby VOIDING IT.

        Jane What Say You?

        I can say this has been an experience I don’t want to go through again. I initially called one of the 800 numbers advertised on TV. I was then referred to attorney #2. They referred me to attorney #3, and then entered attorney #4, then attorney #5. I at times didn’t know who to talk to and who actually had my case. At the end I was pressured to hurry and sign my settlement otherwise I would be dropped. I was told that they had the settlement funds and if I would hurry and sign I would receive me settlement check right away. It has been several months. The firm I was told to call regarding the issuance of my check will not return my 3 calls, so far.

        • Jane Akre May 11, 2018 at 10:22 pm - Reply

          I’m not an attorney so please do not put me in a position, but the 5% common benefit fund is for shared discovery that all law firms benefit from. The defendant paid the settlement or judgment, so who pays is between the law firm and the plaintiff. Most of you didn’t know that Judge Goodwin did not specify who should contribute to it. Firms believe that it is part of what you should pay but that is debatable, especially if they never intended to take you to trial, in my opinion. In some cases, plaintiffs have protested and their firms paid let’s say 4%and the woman paid 1%. Whether your firm would ever entertain such an arrangement I have no way of knowing, but plaintiffs should know they should have that discussion with their lawyers and see if the fine print on their retainer agreement specifies such.

  17. Gina April 16, 2018 at 1:30 am - Reply

    I’ve not had a revision because 3 different urinary gynecologist have said it would be worse on me than what I’m going thru. To remove the stupid arms where I’ve had inflammation buildup would just about kill me according to a vascular specialist, which I had to see cause I had blockages in my groin area and at first they thought I had ( I can’t think of the name right now but it’s where they put a wire in your groin area to your heart). I couldn’t walk I was in so much pain vascular surgeon couldn’t believe how much inflammation was around where they inserted those arms for the tvt thing. Plus no insurance will touch this and when your on social security disability cause you can’t work now, what do they think we can just run out and have a revision? I would love to have this out, should of never been put in. I was never told during my hysterectomy that this was going in me, never was explained about it, not even sure I gave permission for it.

  18. Brian Simons April 17, 2018 at 1:28 am - Reply

    Are there any Surgeries in NZ or Australia? And if so, Do they provide Hernia Mesh implant Removal. I can’t afford the cost of the surgery and no one in NZ will perform the Surgery due to the risk factor. The Risk should be up to us whether we except the risk, or exist in pain for the rest of our lives. Which in some cases don’t look like it will be for long putting up with the pain. That’s the hard part, trying to handle the pain day and night, day after day.
    My sympathy goes out to everyone who has been a VICTIM OF A OUTRAGEOUS PRACTICE.
    Regards Brian F Simons brianfsimons@gmail.com

    • Jane Akre April 17, 2018 at 9:19 am - Reply

      Brian I am sending you on to the Facebook group from Australia that deals with mesh complications. Primarily it is pelvic mesh, but the same group should have some idea how to direct you. I’m sorry.. which country are you in?

  19. Anon May 2, 2018 at 11:42 am - Reply

    Why are wave 7 cases going to trial before some wave 1 members?

  20. James May 10, 2018 at 1:16 pm - Reply

    My wife just got back from the doctor. She has bleeding and pain. The doctor told her he could Not find the mesh and that it
    could have deteriorated inside her!! This was a new doctor she went to. the other doctor did not want to talk to her about
    the mesh..sounds funny to me.She has not had revision surgery and with this doctor not being able to find the mesh
    what do we do now~!!! I’ll be talking to our lawyer today and we’ll go from their.

    • Jane Akre May 10, 2018 at 1:25 pm - Reply

      You likely will have to go to a doc who has experience going in and finding the mesh…. exploratory surgery… sort of. How awful… let me know if you need to find a doc in your state.. I only have positive feedback on some… they are not everywhere, like the mesh implanters were….

    • Amanda July 16, 2018 at 7:10 pm - Reply

      They can’t find my mesh either, what kind do you have? I have pelvisoft by Bard.

      • Jane Akre July 17, 2018 at 1:44 pm - Reply

        Amanda- What kind of doctor are you going to? Is he/she someone who specializes is mesh complications? Docs who do not want to deal with mesh patients often send them away based on many reasons, this may be among them. If you let me know your locations, we may have a specialist in your area. janeakre@meshnewsdesk.com

  21. Janice May 10, 2018 at 6:57 pm - Reply

    I just had an Obtryx sling,Boston Scientific, placed in Dec. of 2017 and have been told it has to be removed. Much Pain, inflammation, UTIs. It was put in during a hysterectomy, basically without my knowledge..Iwas great before the surgery and now feel so sick…can anyone recommend a experienced MD to remove preferably in Florida ?

    • Jane Akre May 10, 2018 at 8:49 pm - Reply

      Wow Janice… No informed consent? No signed document? Nothing that the doctor provided you in print? Certainly that is medical malpractice at this stage of the game with all of the information out there, but whether it could be proven in a court of law is another question. In Florida try, Dr. Christopher Walker in Orlando, Lennox Hoyte in Tampa and Dr Rakish Patel also in Orlando. Its a quick plane trip to Miklos and moore in atlanta….
      These are NOT endorsements, just sharing positive outcomes I’ve heard and recommendations from others.

  22. Kim May 11, 2018 at 12:20 am - Reply

    I did not have a revision after the Ethicon mesh because it left me with only 2 1/4 inches of vaginal vault. Another surgery would probably close the dang thing altogether.

    • Jane Akre May 11, 2018 at 3:41 pm - Reply

      Is a vaginal reconstruction a possibility for you?

      • Kim May 13, 2018 at 11:42 pm - Reply

        Jane, every time I have had surgery things get worse. I am scared to do anything further.

        But thank you for your list of reputable doctors.

        I will look into it.

  23. VJR May 11, 2018 at 1:45 am - Reply

    So does this mean if I accepted an offer and now have to have surgery within 5 years I can reopen
    my case? I was told by the senior partner of a big law firm that I had no choice but to settle for
    the lowest offer. I have not had revision surgery as the doctors say I will have more nerve, back
    and hip pain. He told me I would not get any other offer ever. I have Boston Scientific

  24. William Cooper May 11, 2018 at 8:47 am - Reply

    I am saddened to hear all of these horrific, life altering stories of all you Ladies going through this with the medical mesh implants. Many prayers being sent to all of you Ladies. I realize that this discussion is mostly about the Vaginal mesh for women, however, there are literally thousands of men who are experiencing and suffering major health problems and complications from the same exact adulterated polypropylene resin that is used to make the medical mesh that the manufacturers have made and marketed and doctors are implanting for Hernia repair. I spoke to a Chief of Surgeons in the county in which I reside told me the mesh they use on women and the mesh they use for hernia repair comes off the same roll.

  25. Anon May 15, 2018 at 7:49 pm - Reply

    Wave 7 cases trial began today in WV, any news?

    • Jane Akre May 15, 2018 at 7:51 pm - Reply

      Delayed I hear…. I’m going to find out though..

  26. Confused June 17, 2018 at 2:15 pm - Reply

    Some of the older, better, wave cases are being held hostage. Wave 7 has a second trial date set. Wave 8 cases are on deck for trial dates or to be remanded back to their originating districts or state courts. Why? Judge? Attorneys?

  27. Lumni July 7, 2018 at 8:20 am - Reply

    If anyone looking for good dr in Michigan her name is mellisa fishner Beaumont Hosptial in royal oak mi ,she did my surgery my insurance paid for it and I didn’t have any complaints other than back pain leg pain which i understands I have my mesh implant in 2006 no one was evable to find my mesh and took her 15 minutes of exam to find it month later one hour of surgery and I’m doing lot better no more infection no more meds and for lawyers and Johnson company is shame of what all doing to us.

    • Jane Akre July 7, 2018 at 1:20 pm - Reply

      Thank you for the recommendation. I will add her to the list? Did she say she got most out… or how did she characterize the removal?

      • Lumni July 8, 2018 at 4:29 pm - Reply

        She removed all my mesh and the wing In my right leg.

  28. Lumni July 8, 2018 at 9:50 pm - Reply

    Can anyone help me to understand how this cases work I’m talking to Mesh litigation center in Texas and they telling me my case is going to be settled, never been filed in court. They don’t let me talk to any lawyers. I asked for information. I’m not going anywhere with them. I don’t know what to do I have mid-urethral mesh sling with right thigh mesh removal last November any information would help thank you

    • Jane Akre July 8, 2018 at 10:13 pm - Reply

      L- Who is your law firm? Will they NOT answer your questions? Can you find a contact person at the firm and receive assurances they WILL answer your questions. You should not be expected to travel this road in the dark, especially when they are likely taking 40% of your settlement dollars. How can you have any faith in them that they are acting in your best interest? We can talk further….904-613-2828.

      • Lumni July 9, 2018 at 10:32 am - Reply

        I have one paperwork from them and signature in bottom is Derek Potts but doesn’t have case number the only number I see is Rid 15395 idk if this number means anything thank you so much for helping us hope this nightmare ends soon for everyone.

  29. Lumni July 9, 2018 at 10:17 am - Reply

    I have one paperwork from them and the signature in bottom is from Derek Potts.

  30. Cindy July 28, 2018 at 1:41 am - Reply

    My Question is this was a bad product. Why are we allowing a judge to dictate we suffer further to have it removed???? What if there were such a mesh to hold his package up and it became engourged as mine has and was told it would cause more damage to remove then leave it alone? These devices are not regulated by FDA. Watch “The Bleeding Edge”. We need to all get collective together and either sit in Goodwin’s courtroom, or just start blogging and standing up for ourselves!! You know women did not get a vote until the united!!!!! They (Johnson and Johnson) got the talcum powder settled while we sit a wait for one of the companies it holds is EITHICON. I have been refusing to purchase ANY Johnson & Johnson product since then! C’mon ladies get together!

    • Jane Akre July 28, 2018 at 11:09 am - Reply

      Judge Goodwin is not the focus… the manufacturer is! They are the ones holding out, there is little a judge can do to get them to budge, he is more like a traffic cop. So please do not lose focus. As you speak there is a tremendous effort now to get women injured by medical devices together into one group. Mesh has been so divided, everyone has their own FB group whicvh serves to divide further.
      So a global effort is underway to join together into medicaldeviceproblems.com (also .net and .org). Mesh News Desk hopes to be part of it. The Essure women just saw their product off the market after a tremendous campaign. Why should mesh be any different?

Leave A Comment