Mesh Medical Device News Desk, January 14, 2017~ This writer, implanted with Caldera Medical’s transvaginal mesh, is one of 4,000 facing litigation against Caldera which has yet to offer a rational settlement, she says in this Op-Ed. She wishes to remain anonymous because she is involved in litigation.
This opinion does not necessarily reflect the opinions of Mesh News Desk.
Stop it! MDLs make up nearly half of the federal civil docket. It is a serious failure of our individual rights.
Every woman harmed by Caldera Medical, Inc. transvaginal mesh implants have separate causations; some had no informed consent, some never knew of the implant placement, and were given different information from surgeons and hospitals and their staffs. Causation lies in the manufacturers, surgeon, staff and physicians, and facility whom purchased and marketed these devices, implanted these devices and brought to market these devices with multiple manufacturers. Each woman has a unique version of how she was harmed.
Your tier systems you agreed upon, they are not fair or rational.
The problem is that the plaintiff lawyers making many of the decisions in an MDL (usually adorned with the regal title of “the plaintiff steering committee”) do not represent all the plaintiffs.
Stop it. It is an ugly problem and if MDL attorneys have not been told by a client who sues you and wins; it is legal malpractice. Mass Tort attorneys have hurt us. We may never recover. You have reared your ugly heads to steal from us as Americans the most sacred of trusts:
The right to trial by jury.
Our right to protect our bodies from the medical battery.
The right to have our marriages protected; these transvaginal mesh devices destroy our bodies, our marriages, our professions on a scale never before seen in America.
Individuals get treated as an aggregate, and some make out better than others for no reason grounded in rationality or fairness and others left with nothing. MDL plaintiff lawyers steer more dollars toward their cases than others; take the gentlemen’s agreement in the Caldera Medical Inc. class action and the deliberate unwillingness to litigate our cause and obtain our damages from American Medical Systems whose novel surgical tools are part of the Caldera Medical, Inc kits.
The MDL statute was developed as a judge-centric model – its framers intended that judges would wrestle control of cases from the litigants and guide the litigation to a conclusion that would relieve the federal courts of potentially crushing caseloads.
Well, MDLs fail. They fail us all. We do not care about case loads. We want fairness! We want our trials in our communities. We want our jury of 12 to hear about all the parties involved who destroyed us. We want fairness!
What’s the solution? As an injured woman, I point with favor to the judge in the World Trade Center Disaster Site Litigation who expressed the view that a proposed settlement was not enough. That judge, according to the authors, based his authority to reject the settlement on a quasi-class action theory created by Judge Weinstein the Zyprexa MDL.
The WTC judge acted as an “information intermediary.” Once he put it out there that the settlement was, by his lights, unfair, it was not possible to cram the settlement down the throats of plaintiffs.
I hope MDL attorneys do read this site and take pause as to the harm we are suffering because we as individual Americans are not being treated fairly. In the 21st century with life science policies and biomedicine, the strong interest is in settling cases, not fairness. WE WANT FAIRNESS!
The system must now be subordinate to the rights of the individual American who suffers life altering harm through the implantation of surgical mesh.
PLEASE do not approve settlements that are unfair to plaintiffs. MDL litigation thrives on the concept “Settlement is good.” When you are harmed as we are in such a personal and intimate way, where most of us will never make love to our spouses again; we believe a jury verdict in our State courts is justice.
I am a Grandmother; I do not want to see American granddaughters and great-granddaughters be implanted.
Until surgeons, facilities and executives are found in State courts to be responsible for our harm along with the manufacturers we will not have been treated fairly.
Not All Settlements are Good. Some are neatly wrapped gentlemen’s agreements that leave our lives, our marriages, our health and our hope trampled on the floor of justice.