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RICO Suit Accuses Boston Scientific of Fraud in Smuggling Defective Pelvic Mesh from China

Phillips Petroleum Marlex, ad on ebay

Phillips Petroleum Marlex, ad on ebay

Mesh News Desk, January 15, 2016 ~ This week the Mostyn law firm of Houston filed a federal racketeering lawsuit against Boston Scientific, the transvaginal mesh manufacturer already the focus of thousands of pelvic mesh actions in federal court in West Virginia.  

The charge – Boston Scientific (BSX) knowingly smuggled and used counterfeit material from China to make vaginal mesh implants. 

According to the complaint, BSX was involved in a “scheme” to defraud regulators in both China and the U.S. The Massachusetts-based company could face criminal charges if the allegations are proven.

Reportedly when the BSX supplier of polypropylene resin used to make pelvic mesh, Chevron Phillips,  stopped selling it to the company, they turned to China smuggling in 15 tons without verifying its contents.

The complaint says the resin the company purchased was unverified, substandard material from a known counterfeiter and the company “acted like a drug dealer” to hide overseas shipments from regulators in both China and the U.S. This reportedly occurred between June 2011 and the fall of 2012.

Amber Mostyn of the law firm says their goal is to try and stop the sale of transvaginal mesh implants made by Boston Scientific. They are seeking class action status. Mostyn told CNN Money BSX could still be using the counterfeit resin to make mesh implants.bs logo

Boston Scientfic issued a statement to MND saying, “At Boston Scientific, patient safety is of the utmost importance, and we dedicate significant resources to deliver safe, high-quality products. We don’t believe the case has merit and intend to vigorously defend these claims.”

LEAD PLAINTIFF

The RICO action was filed in District Court in the Southern District of West Virginia before Judge Joseph Goodwin.  The RICO (Racketeering and Corrupt Organizations Act) suit was filed as a class action on behalf of women who have been harmed by the Boston Scientific mesh.  Lead plaintiff, Teresa Stevens is from West Virginia and the firm is seeking others to add to the action.

Stevens was reportedly implanted in 2014 with Chinese grade Marlex mesh – the Obtryx-Halo Urethral Sling System.  The case is Stevens v. Boston Scientific Corp., et. al., 2:16-0265, U.S. District Court, Southern District of West Virginia (Charleston).

Chinese supplier, EMAI Plastics Raw Materials Inc. is also named in the action.  The company is reported to be a “known counterfeiter of plastic products,” based in Guangzhou, China.

The emails that led to this discovery are under court seal unless Judge Goodwin orders them released. BSX subsidiaries, Proxy Biomedical Limited of Galway, Ireland and Luxilon Industries NV of Belgium are also named in the action as participants in the fraud.

Amber Anderson Mostyn, Mostyn law

Amber Anderson Mostyn, Mostyn law

The Chinese grade Marlex mesh, the proprietary name for the company’s mesh product, is reported to be inferior to mesh made in the U.S.  The counterfeit mesh resin was said to have been divided into 500 bags and shipped in three different small shipments to evade customs agents.

Though discovery has occurred between the seven defendant companies and plaintiffs who have filed 100,000 defective product lawsuits over pelvic mesh, this action is ground breaking because it is the first to accuse a manufacturer of engaging in an international conspiracy.

“We have asked for the court to shut down sales from this company and to protect women from the pain and suffering that can result from this dangerous product,” said attorney Amber Mostyn. She said Boston Scientific put profits ahead of health concerns, calling the company’s disrespect for women “disgusting and appalling.”

Boston Scientific is currently facing 19,767 lawsuits filed before Judge Goodwin in federal multidistrict litigation convened in Charleston, WV.  #

 

LEARN MORE:

Read the Complaint

https://s3.amazonaws.com/static.mostynlaw.com/wp-content/uploads/sites/4/2016/01/RICO-Complaint.pdf

Mostyn news release 

https://mostynlaw.com/blog/2016/01/15/mostyn-law-rico-case-targets-company-over-tainted-vaginal-implants/

Mass Device, January 15, 2016

58 Comments

  1. Suzanne McClain says:

    WOW! Will the debauchery never end?

  2. Mary Pat says:

    When dogs were getting sick and dieing from tainted pet treats from China it was all over the news! If the major news networks don’t report on this it will prove to the world that our major news networks are sadly on big pharmas payrolls! The world is watching you!

    • Lisa Roy says:

      I’m sure the media will not report this.

      Every day I learn more and more about companies

      poisoning our society. Food, drinks, MESH,

      the list goes on and on due to the Almighty Dollar!

      Angry doesn’t even begin to explain my feelings.

      Let the emails be made public Judge Goodwin!!

      These sickos need stopped.

    • Bejah Blue says:

      This reminds me, check dog chews, treats, everything and never buy anything for your pets that is made in China. I do not buy canned food for myself made in China either. The other day I bought sardines, One tin said made in China and the other said made in Canada and I opted for the Canadian packed sardines. Also I personally believe China is NOT a friend of the U.S. to say the least. I do not trust them at all and would never buy anything from China and have no wish to visit there. Sorry I know this is rather off topic but it illustrates the potential problem with mesh and other materials from that Communist nation. Did this Chinese material only go into production of one producers mesh devices or did some get sold to other producers as well? If so who were they? This story is really stunning. It is really heating up, the whole issue is now explosive. If we have been praying for divine intervention we may be seeing it now and the thing is it brings attention not only to the issue of mesh but to all of the products that should never have been taken to market and extends to numerous related issues as well that need to be addressed. I would think that it would be rather difficult for politicians to ignore at this juncture and increasingly important for the people to keep the pressure on. If we want to change the world then we need to be involved.

      Bejah

  3. anna says:

    Get ready J&J you are next.

  4. Debbie E. says:

    Omg, that is shocking! !!!! We all know there are problems with the mesh, but this in u believable. Thank you Lord for letting this information come out to the public and for looking out for us woman. I do not have Boston Science but this is good news for all those who do. (I have J&J)

    • Bejah Blue says:

      Doesn’t it make you wonder what other illegal imports of faulty materials are coming in from China? I do not like China, do not trust China and think we should be much more careful about doing business with this monstrous Communist nation that I have no doubt will try to damage our nation, our currency, our economy.

      Bejah

  5. danyelle robinson says:

    So now there are two RICO charges against manufacturers? Is there also one in Florida filed by Lana Keeton?

  6. Don't give up says:

    When I read this this morning I just shook my head in discuss sure makes you think why thousands of files went missing with another pharmaceutical company doesn’t it,well written Jane.

  7. Wow unbelievable ….but believable. Criminal behavior…… the deeper we dig the dirtier it gets. Let us hope they start banning mesh products for implanting in humans. Apparently the industry funded FDA cannot protect us…. I wonder how pervasive this practice of using substandard resins is throughout the industry?

    • Bejah Blue says:

      I fear, as I sense you do, that it is huge. I assume someone will do some investigative reporting on this.

      Bejah

  8. Diva 64 says:

    As a prior member of the health care system in the US, a nurse, I have to say quite frankly, I am pretty scared of receiving medical treatment these days. Wheather it be my hip my knee, anywhere they might want to implant something. How are we suppose to trust the medical world, the FDA, etc. I don’t even trust the hospital closest to me to handle chest pain, I know they can’t read MRI, CT x rays, or properly document anything. And the cost of my insurance and persciption went up this year, no increase in ss, the tiers have changed making the co pays even worse, and materials have not yet been received for 2016. So how do we have faith and trust in the medical system, Did anyone look up pharma in Greek ?

  9. Janis Urban says:

    We have all been POISONED…the lies, corruption, cover ups…our lives are as invisible as the mesh that is in our bodies. Voices that can not cry out, silenced waiting to be heard, only to be silenced again. Left to wither away with no one really knowing the suffering caused by these toxic devices. It saddens me deeply.

  10. janet says:

    Oh, I really believe they have been this from day one

    When they made protagonist mesh in the 90’s and they settled all those cases in 2003 ..then out of the blue late 2005 a new mesh transvaginal mesh. . The government really needs to step in and go back on all..

    Sad that they are so under handed

    And holding up cases and wanting to settle for peanuts they are so wrong.. we have been poisoned by them SHAME and Johnson & Johnson are no better hiding and shredding..

    • Bejah Blue says:

      And Janet we must remember that it is not just the mesh, it is an ingrained way of doing business for them and has been for decades, perhaps longer. And it is not just this industry. And of course it is not just us it is the men in our lives as well, and even our children. And the thing is that it is possible to be a good corporate citizen, to make a successful product that helps people and allows for a reasonable profit. The problem is insatiable greed, greed for its own sake, greed that can never be satiated. Oversignt committees are a good idea, and I would like to see them populated by citizens and people other than industry affiliated individuals. I would like to see Johnson and Johnson prohibited from running ads that lie and paint their corporation as a good corporate citizen which they are decidedly not. Oversight is needed there as well. Is there any now at all or can anyone run any ad they can pay for???? Now it seems our planet is truly suffering. We need to act now. It may already be too late.

      Bejah

  11. Emmie says:

    Oh dear Lord above….greed and the love for money! This is so unreal and makes me sick.

    How can these executives sleep at night?

    I just had my fourth pain block last Friday….January 8th. I live in chronic pain and my life started going down hill after my first mesh implant in 2006 and than another two mesh implants in 2007. Ran from doctor to doctor to find relief from my misery. Implanting doctor denied my health issues had anything to do with my three different mesh implants

    I despise my mesh doctor for “being in bed” with the pharmaceutical company and for hurting and ruining so many women’s lives. All involved in this scam will burn in hell

    The executives involved in this crazy scam need to have mesh implants shoved high up where the sun doesn’t shine in their bodies. Unbelievable…so unbelievable! And so very sad too. It disgusts me to learn of how low they could go in the greed for $$$$$$ and a market share.

    • Bejah Blue says:

      Report him to the state medical board. Report him to professional societies (Urology, etc.). This will have an effect although you may not hear of it. If you live in a small community you may be blacklisted for reporting but it is a chance worth taking IMHO, but your call. Take care of yourself first. Hope you find some relief and peace…

      Bejah

  12. janet says:

    I really find this amazing that Boston scientific is this dishonest.

    The other thing that bothers me is that they are working to negotiate settlements with plantiffs knowing what the hell they did and still trying to be dishonest with us.

    And on top of learning this alot of women received letters from there attorneys advising there client of this and my attorneys have done nothing to advised us. And when I phoned the paralegal as she informed me she was knew nothing of this matter. She stated she would have an attorney phone me and I still have heard nothing from them.

    Does anyone else out there get the same from there attorneys

    They are suppose to be working for us but I never hear from them on any parts of this ordeal that Boston scientific had put me through

    • Bejah Blue says:

      There may be a deal under the table with the defendants. Be careful. If you have a bad feeling about something do not do it. do not let them pressure you. If you can get advice from a different law firm, hopefully in a different city, please do that. The stakes are very high in this matter. It is a situation where the truth may be stranger than fiction. Trust no one.

      Bejah

  13. Stopmeshimplants says:

    Still praying everyday that the truth will come out about this horrific Mesh. We seem to be getting closer to that end result. I pray that the women who were implanted with the substandard resin get answers to their questions soon. So now we have a substandard resin going into a horrific mesh kit that undoubtedly will lead to more devastating complications. Please get this crap off the market. Honestly. When will we get the help we deserve? Thank you, Jane. Although it is difficult to read these articles they are so important and keep us all informed.

  14. anony says:

    Emmie,

    I have to ask you..How in the name of G-d, can you possibly stand having three different meshes in you? This is a terrible uphill battle legally for all mesh patients, but for you, it is a bigger nightmare. Unless you are implanted with 3 meshes from the same pharmaceutical company, they will all point fingers at each other for your pain and suffering.

    Do you have legal representation? If yes, you need to be careful what you post, as all should who have cases pending, as it would not be hard to figure out who you are with the three meshes. One company has already advised the Judge they are being harassed on forums and message boards, and the Judge was not happy.

    We can talk, but we can NOT bash. No one can bash at all. Don’t single people out. One post bashed a doctor and linked his practice. That is slander/libel. Unless YOU (the person who was posting, not you Emmie) were a patient, it is considered hearsay?

    Otherwise, a bigger gag order could be issued by the Judge. Every client who has real representation is already under a gag, and if you are caught breaking your contract, you will be dismissed by your attorneys. There will be plants and molds that will post to provoke others into posting. Don’t fall for it. .

    Emmie, I have to ask you this too..why did you agree to two more mesh implants when there is no way the first one could have been working for you as you were still having complications? How did he/she get the insurance company to pay for THREE? I am not a doctor, but that mesh probably should not stay in you.

    Doctors will not help mesh victims. That is a fact. They won’t even admit they have ever had a patient who has received mesh. They will still to this day, look at you like your nuts, run a few test, refuse to prescribe anything for pain or anxiety, and refer you right on out to the merry go round of doctors getting paid for referrals.

    I understand more every minute of every day on how the plaintiff attorneys are all bald now, pulling their hair a fistful at a time, and many have not slept in years.

    As for me, ladies and gentlemen, I feel like I have died already. The mesh is out, but my health is worse. Much worse. I have so many immune system problems and infections that no doctor can find or treat internally, and I am so tired. The scar tissue is so painful from the mesh removal surgery. The surgeons provide no follow up care at all. You go back to PC after the surgery, and they have no idea what to do with mesh patients.

    • Emmie says:

      Anony:

      I too feel like I am already dead. My biggest problem is that I trusted to freely. My gut and intuition told me to step back and wait. I didn’t listen and felt the new “gold standard” would give me the promised new and better life.

      My insides were already falling outside of me. I had to shove them back inside me a couple times a day. I know how gross and a little to much info..but I want to let everyone how desperate I was for relief. Thought how could things get any worse?

      I was never told the full truth about my mesh implants until I asked for my surgery notes. I was a guinea pig. I am depressed

      and I know my depression is my angry turned inside out. I lost so much and no one or anything can give that back to me.

      Anony, I feel your pain and the pain of all my mesh sisters too.

      I am sorry for my comments and look forward to going to my maker so I can finally be pain free and at peace.

      As I am writing this tears are running down my face. Another little pity party for myself. Since mesh I lost so much in the past and present. I lost my future too. Thought nothing could get worse…..I was wrong.

      I don’t want to see other women go through this horrible experience. If I saved one woman from mesh…I will be happy. It is such a sad story for many and it didn’t need to be this way.

      When I read about the smuggled resin it caused me such angry and disbelief. I am sorry for writing while under that influence of my emotions. I truthfully thought Jane would not let my comments go through. Very surprised when I saw it posted the next day.

      I am sorry for judging and condemning. Letting that to our justice system and most importantly to God.

    • Still Standing says:

      I have to disagree with the statement that doctors get referral fees. It is considered highly unethical by the AMA and physicians can be fined huge amounts for doing so. It is termed fee splitting. You can google ethics and physicians referrals and find the exact wording if you are interested. i think it is important to put out correct information. Yes, there are probably a few who try to push the envelope, but it could potentially devastate a practice that engages in this activity. Not worth the years and years of education and hundreds of thousands of dollars invested in that education.

      I also have to say that I have not had the same experience with doctors and surgeons who I have seen for my mesh issues. While my implanting physician passed me on rather quickly, my explant surgeon has continued to follow me through all eight surgeries and in between and my primary care physician is willing to work with him on managing my ongoing health challenges. My primary treating urogynecologist and surgeon has been compassionate, caring and very engaged in finding solutions. He referred me to another surgeon out of state for one surgery that he did not feel comfortable doing and I have never felt that he had anything but my best interest at the top of his priority at any time. I have been able to teach him as well. We have developed a mutual trust and as I read the horror stories from other mesh women, I just feel so sorry. We all deserve to be treated with respect and compassion. Please dont settle for physicians who are uncaring and dismissive. There are some who are trying hard to get all of this figured out. Unfortunately, medical books havnet been written yet that give physicians a roadmap of best practices for treating us. Unfortunately for us, it is a trial and error process. I try to be open to his suggestions for treatment while being very frank about my needs. We NEED the medical community to figure out what works. They are still in the end the best bet for finding treatment that ease our pain.

    • Bejah Blue says:

      I was going to say Emmie probably trusted doctors, that is what we all should be able to do and expect to be able to do. Sadly although it may have once been true it is not any longer as a general rule. You have to really be careful who you go to and research physicians to get at least some sense of who they are. I can only guess that either she paid out of pocket for two of the surgeries or the first was physician error and was covered to hide the problem. Also, it is possible the mesh surgeries were for different things and so covered by insurance. I agree we all need to be very careful to protect our identities. It is nice to be friendly and we should be able to but we can not risk it. Still I think that small groups in a community who had gotten to know each other well over time could have support group meetings. The defendants would prefer we had no support system. We should also expect these defendants, given what we know about them now, to try to buy our counsel, get them to sell us out. Large prestigious law firms would never do this but small town lawyers may be tempted. It seems like something that would happen only in a film but the truth is it happens in real life. It would not surprise me if organized crime were involved in this issue. So as a general rule be very careful. If someone calls you get the number and after checking them out then call back. If they are not legitimate they will probably not give you a number or a real name.With regard to Emmie, it may be too risky to have three meshes removed and I would argue that three should never have been implanted in her.

      Bejah

      • Emmie says:

        Bejah Blue….

        Two mesh were implanted the first year.

        My doctor discussed implant and denies implanting two mesh.

        My surgery notes show I had two different mesh implants.

        11 months after first implants; I had another mesh implant.

        Same doctor and all three mesh were from same pharmaceutical company.

        You are correct about my trust for my doctor!

        My health insurance paid for all three mesh implants..

        • Bejah Blue says:

          I am so sorry this happened to you, so sorry your trust was misplaced. You have the right to expect your doctor to be trustworthy. I do hope you will report this doctor. He needs to be investigated, he needs to be stopped. I hope you are OK and that you find someone you can trust who will take care of you. This is an example of why it is so important for us to be critical, and to vet physicians before we ever go for a consult.

          Bejah

  15. Pam Wise says:

    I never would have imagined the destroyed documents by J&J would ever contain anything remotely close to the information disclose in emails. But, after reading the emails and how Boston Scientific allowed that information to leak publicly nothing surprises me now. There’s far more going on inside these Big Pharma’s than we will ever really know in this life, & I can accept that. It’s the next that concerns me not for myself, but of their own and their families. May God spare them more Mercy than what was ever spared upon us.

  16. Don't give up says:

    Lisa: Avis Favaro from CTV News has put something up on Twitter so you can most likely expect some sort of coverage on this hopefully as she has covered mesh issues in the past.

  17. Darlene says:

    My attorney is inot very informative! I have to call every few months to get an update and get the same answer that the cases against BSX have been moved further away and they have nothing further to tell me! This moving cases further into the future is so annoying! I never get any mail, email or phone updates! I had this mesh problem before it was class suit but got transferred to class suit! This website or fb site is only way I have of getting info on who is finally settling, so thank u! My bills are outstanding in just repairs! My meds are extensive in trial n error for relief! Why won’t they help us! Why should we have to keep paying for repairs n meds when I think anything related to mesh health issue that the bill should be sent to the mesh company!

  18. Darlene says:

    Bless all your hearts with this misery!

  19. Michelle says:

    I already have a lawsuit filed against B.S. due to my eroded Obtryx mesh- this article said they are seeking others to join in this class action suit- does this mean I should join in this suit despite already having a pending case against them? Anybody know?

    • Jane Akre says:

      Look at the article…… the mesh imported began in 2011 so it is likely that mesh made after that date is the Chinese resin mesh…. I believe these questions still have to be answered though…… You might ask your law firm how this affects your case.

    • Bejah Blue says:

      Why are we hearing more about class action suits now. These do not benefit plaintiffs, they enrich attorneys. Why this shift? Also we seem to be hearing from “new” people now…have we lost people due to settlements…they just disappear back into their lives after they opt for settlement? I know they can not discuss settlement terms but to not even say “hail and farewell” is rather sad.

      Bejah

  20. Debbie E. says:

    I was reading Surgicalwatch.com, and it says that the settlement with Bard for $200,000,000 with be divided up appr. $43,000-$67,000 per person. Has anyone heard this? And is that amount before or after all bills are paid?

    • Janet says:

      It is still not enough with all our medical for our life

      The pain that we have endured and it is for life

      Going to dr..specialist, hospitals surgeries

      Plus medication

      This is crazy

    • Bejah Blue says:

      Debbie, Thanks for watching that website for us. My guess would be that the numbers you mentioned would be before consideration of other pay outs (sorry). Remember these corporations have a budget for this kind of thing and try to stay withing that budget (cost of doing business) and rest assurred they are still making a huge profit. They go in knowing they will have to cover such losses and the goal is to contain and control them then move on.

      Bejah

    • Bejah Blue says:

      So this means that 90% accepted the proposed settlement. They will get a little check and can never go after that defendant again regardless of what may happen to them as a result of exposure to this resin as the years pass. I hope they do not suffer buyers remorse but suspect they will at some point…maybe when the money runs out which it will do pretty fast. The defendants are pretty certain they can buy just about anyone and evidently they are right.

      Bejah

      • Janet says:

        That is what I also heard

        I would totally refuse that settlement offer

        We have medical issues for life and so they want to hive nothing

        What I fine amazing is my first talk with my attorney is we will fight to get you taken care of for life well that’s not life

        • Bejah Blue says:

          Janet I am guessing that what your attorney meant was that they would make a “Life care plan” a feature of any settlement and that is entirely appropriate and protective of you.

          Bejah

          • Still Standing says:

            Unfortunately, life care plans wont do anything for a settlement negotiation. . They will, however if it goes to trial. Remember, that in a settlement, they establish tiers based on recisions and surgeries. It is pretty cut and dried across the board. There are no extra monies to take into consideration each individuals future costs. It is not seperated out as actual damages andcpunitive damages. Not the best system, but it is the one we are in.

          • Janet says:

            My attorney advised me they do not do the tier system

          • Janet says:

            A life care plan will cost more out of my settlement everyone is wanting a piece and they r not injured sad but truth

            I know what my doctor plans all 3 constant medical

            But like the uro gyn stated the chances of me being normal is non… he is trying g to help with pain now the pain is from the arms being in the muscle he will also have to graph.

            I already had to have left side of vaginal wall mixed from big torn down. ..

  21. kitty says:

    So many many immune responses –so little research. So sad

    • Bejah Blue says:

      What can we do Kitty, we must come to terms with it, find a way to live with what comes. Hiding from it, ignoring or denying it will not help us. We can pray for relevant and legitimate studies that will help us learn what to expect, what we can do to help ourselves now but it seems we have for the most part taken the high road and faced it head on and understand our lives will never again be what they were but we can create a new life based on what remains and we can learn to live with that in order to survive. What other viable option is there?

      Bejah

  22. Lori H says:

    Cutting corners to make more money. Greed over people. We have to make more stringent rules and we need an oversight agency that truly works for the people. How many more have to suffer and die while these companies use people as guinea pigs? The more you know, the more you understand how corrupt our medical ‘industry’ has become.

  23. Charrie says:

    I just want to say to Boston Scientific there is no amount of money going to fix me my law suit is waiting in court right now to be seen …what price can you pay for giving back someone’s life back to them … I can’t count that high. I feel worthless… This horrible person company who made this device Bladder sling mesh has disabled me to function as a women Dysperinia Scar tissue shrinkage of tissue in my vagina walls urinary tract infections bleeding… The pain is unbearable… Now I stay depressed… I am over weight… You tell me what man is going want me with my conditions. Well I can tell you NATA no one… I hate you Boston Scientific for doing this to my body. I wish they could put you jail… I’m trying to find a doctor to take this thing out of me … I hope I can afford it

    • Still Standing says:

      So have you not had a removal or revision surgery? The settlements are based on tiers of injury and those tiers are based on number of surgeries.. Bard has settled with small amoints for product in place with no revisions. Some companiesI I have seen do not provide that settlement tier. Also in some, women with tvm for pop receive more than women with mesh for sui.

      • Bejah Blue says:

        Don’t you think there are a lot of women who can not afford a revision surgery and have insurance that will not cover the cost. These women should not be left out if it is demonstrated that they need the revision or explant surgery but do not have the resources to pay for it. Also, there are the women who can not have such surgery due to the degree of scar tissue, adhesions, danger of death in surgery or other reasons. They should not be excluded either. The parameters drawn are too narrow and do not seem to have been created by qualified physicians but by attorneys and or administrators who may suffer a bias.

        Bejah

        • Still Standing says:

          There are absolutely women who cantvhave nor can afford the surgery. It is a terrible dilema and depending on the negotiations, it could possibly exclude these women. They may be the ones who need a court trial, but i imagine attorneys dont want that case in court. As Far as adhesions and scar tissue go, mine have been horrific. Dr. has to remove adhesions for an hour or more to even get started. It can be done, but with risk. I have been in icu after two of my surgeries because of blood loss.,the one in october almost took me under…..but, for me,,the benefit outweighed the risk. So, it is a very personal,and difficult decision to make.

  24. janet says:

    Spk with my attorneys office today
    Boston scientific knows we are ready to settle
    She stated they are not even talking about it with them
    She stated they are still going to trial. . She also stated that when we do settle it will only be in around 50,000 or less
    She stated that women winning in trials r not receiving that amount manufacturers are appealing
    She stated they are still looking for another 5 to 10 yrs before anything happens…..
    Well I guess judge goodwin is not able to move there butt up
    My attorneys are in Pensacola

    • Bejah Blue says:

      You o not have to believe everything the legal rep tells you. Remember law firms would rather settle for less and move cases through and move on to the next. Time is money. Do not be pressured and do your own research.

      Bejah

      • Still Standing says:

        Well, on a second take of “time is money”, it could be interpreted to mean that more time is less money. We have to be informed about how much money it takes to get a case trial ready and through trial. For example, my case was worked up to be trial ready, but that cost more than $75, 000, which will come out of my jury or settlement award. It is expensive to get depositions. Just paying for a transcript of each deposition can cost thousands. . Then you have to pay for the court reporter and the videographer. Then, your attorney will have travel costs to get the deposition and you will have costs there as well, plus paying for your meetings with your attorney to prep for the deposition. My attorney and I prepped about 8 hours and my deposition lasted all the next day..seven hours of testimony plus breaks and lunch. My attorney had to fly five different places around the US to get depositions from physicians. Then, when your trial goes to court, there are potentially thousands of dollars a day in court costs…attorney fees, motions filed, expert witnesses, etc. . This is all subtracted from YOUR percentage. Then,this doesnt even include your travel and lodging costs. If you are filed in West Virginia and dont live there, you have to pay for your food, hotel room and transportation costs. Those can add up pretty quickly. I dont know if your attorney will front this money to you, but be assured you will end up paying this cost.

        And, many law firms have actually had to borrow money to represent your case. The longer it goes on, they are holding debt against their gamble that you will win. You will end up paying the interest on these loans. There is no guarantee of winning at a trial. Settlements,while significantly lower dont incur these kinds of costs., so if a a firm only represnts mesh cases that go to trial, it could possibly be years before they have any income. How are they to keep the lights on if this happens?

        So, here is a different, yet realistic way to look at your case. I imagine that there are cases that attorneys know there is no chance in hell to win at trial. There can be many factors they weigh when making that determination. Please, ask your attorney if they believe your case can be argued successfully at trial. Believe me, they and the firms that represent the companies are pulling out anything in your background and medical history that cculd impact the case. My questions went back to when I was in college. They wanted to know how many sexual partners I have had. ‘None of your business’ wont fly as an answer. So, If your attorney cant bring a strong case to trial, settlement may be the best option. Ask your attorney to give you an opinion about that as you think realistically about your particular case.

  25. kitty says:

    What is the lifespan of a pig—? Stuff a pig and get this research going.

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