Hello July- A Long, Hot Summer of Waiting

//Hello July- A Long, Hot Summer of Waiting

Hello July- A Long, Hot Summer of Waiting

Heirloom tomatoes, Florida

Heirloom tomatoes, Florida

Welcome to Mesh Medical Device News Desk, also known as Mesh News Desk (MND).

It is a long hot summer and so far those many bellwether lawsuits the mesh community had been promised are rescheduled or off the schedule entirely.  While the heat is good for heirloom tomatoes, not so good for patience.

What is happening?

As many of you know, last month four law firms announced they had reached a settlements with American Medical Systems (Endo Health).

Various tiers of injury were established, indicating that different injuries could expect to receive differing amounts of injury awards. Even so, with 20,000 plaintiffs, the average settlement figure at $40,000 would not even cover one surgery out of state.  Most firms have advised women to wait until they receive a letter, that they would be compensated fairly. The women are still waiting. Let’s hope that the negotiations have resulted in a fair settlement for each injury.

Of course, no amount of money is a substitute for not being harmed in the first place.

Mesh News Desk has now been publishing news and information about mesh injuries for three years.  It is a for-profit business founded by editor, Jane Akre and Independent News Group LLC, a publishing and media company. As such, advertising is welcome to keep the doors opened with the understanding that a firewall exists between advertising and  editorial section of the pages.

In the coming months, watch MDN expand to include other medical devices that are also causing injuries.  Along with Corporate Action Network, a nonprofit consumer group, we are working together to raise the profile of mesh injuries. There is no other arrangement between the two entities or with any law firms to direct the outcome of the lawsuits or settlements.  Your name and personal information is never shared without your express permission to join in a campaign. See the About Us section to explain further.

Attorneys General in 10 states have now received signed letters from Mesh Survivors asking to initiate an investigation into the costs associated with J&J pelvic mesh that taxpayers are picking up.  AG’s don’t like to overpay for drugs or devices that are fraudulently marketed.  See Risperdal as a recent example that’s been in the news.

Congratulations to Scottish Mesh Survivors who successfully petitioned their Parliament and had Health Secretary Neil stop the use of pelvic mesh in that country! Women from New Zealand are working on petitioning their government at this writing.

Those who write in to comment to Mesh News Desk should understand that their comments are public and can be seen by your counsel and opposing counsel. Please think twice before hitting the send button. No libelous or slanderous statements will be tolerated. Period.  Your counsel may want to know you are slandering others. It could hurt the outcome of your case.

Readers should also understand when you file a lawsuit, it becomes public. One can search and find your name, all about your pelvic health and injury as well as your law firm. As you know from middle school civics class, we have open courts in this country and some are even online.  PACER is the way to access federal court records at .10 a page.  See how here. Many readers enjoy following the cases and have obtained those accounts to access records.

On that topic, it might be advisable to make sure your case has been filed. Obtain your case number and find where it has been filed. Your law firm should be more than willing to accommodate you with that information.

August appears to be the next trial in Charleston, West Virginia for American Medical Systems.  (Pattison v. AMS 2:12-cv-7154) but stay tuned, these things change.

It seems to add insult to injury for industry to continue to spend $600 an hour on lawyers to fight the injured women who they could be helping.  With  75,000 lawsuits now filed in this country, clearly we have a problem with synthetic pelvic mesh.

That does not even begin to address hernia mesh injuries.

Mesh News Desk will continue to Put a Face on Adverse Events and attempt to raise the profile of mesh injuries. Thanks for stopping by.



By | 2014-07-06T16:27:25+00:00 July 6th, 2014|Welcome|30 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.


  1. kristine July 7, 2014 at 1:44 pm - Reply

    Thank you Jane.

  2. Kitty July 7, 2014 at 7:45 pm - Reply

    It may be difficult to determine fact from slander at some level— Thanks for advise.

  3. All Meshed Up July 8, 2014 at 9:43 am - Reply

    It seems that delay, rescheduling and mass confusion among clients is the norm now for any Mesh trial. I do not think I can use the word “Trial” anymore for these proceedings. It is my belief that the Lawyers already have their game plan set out before the Court case starts and all they do now is come up with an equitable amount that the Manufacturer agrees upon. Too much and they balk then delay. So another figure is passed around that the Manufacturer agrees to after checking it’s war chest. Simplistic, I know but that is how I see them.

    There is already so much evidence as to the dangers of Pelvic Mesh much less the material it is made of, PP( polypropylene). The Manufacturers know that they cannot win these Gynecological Mesh lawsuits due to the amount of coverage of these permanently damaged women and the overwhelming amount of evidence. The Manufacturers first ignored, then pushed around and finally gave Hernia Mesh Victims a VERY small compensation package. As in $14,000 small. The difference with these Gynecological lawsuits is the design of the ‘product’ puts the material right where it can do the most damage. Because of the design, the PP material is placed next to the reproductive organs and very quickly the PP goes on to do what it does best. There are many of the same and similar injuries incurred by Hernia Mesh Victims but none can be compared to a women who can no longer have children or sex. Top that off with possible incontinence and 24/7/365 pain and you have a lawsuit even the Manufacturers cannot ignore. Multiply that by 100,000 plus and you now have an epidemic and a possible medical scandal. The last thing that these Manufacturers want is mass negative publicity ( J&J’s stockholders are in for a shock later this year) and anything that harms their bottom line. $40,000 is such a small amount of compensation for what mesh has, does and will continue to do for the rest of a Victims life, that it is laughable.

    I have to ask you women who are waiting for your settlement what you would do if the amount was $14,000 instead of the possible $40,000? Please keep that thought because that is how the Hernia Mesh folks felt after waiting for 7 years for the “Substantial Settlement” that they were promised. Many were told not to disclose or talk to anyone about their case or settlement because they could lose their chance to settle.

    I believe that full disclosure, news coverage ( Thank you Jane Akre!) and constant attention to what Mesh is about and what these proceedings mean could bring about quicker and bigger settlements from the Manufacturers. But until these MDL’s are changed so as to have the Plaintiff more involved in the Court instead of a nameless, faceless Lawyer we may have a better chance. The individual cases that have recently been publicized indicates that.

    However these cases go, the one component that is lacking in all of them is the FDA. When is the FDA going to quit suing Chinese Dog Food manufacturers and go after the Mesh Manufacturers in this Country? 100’s of 1000’s of men and women in this Country and Abroad have been permanently maimed by a product that is being Implanted in some unsuspecting patient as I write this post! The silence from the FDA is deafening.

    I wish you all the Best………….

    • msm July 8, 2014 at 11:27 am - Reply

      You are so right on many points. Especially the attorneys. I’ve been with attorney for nearly 2 years. I get a poorly photocopied letter for people who contracted with them after the settlement was announced. How insulting! No more official stationary and letterhead. Definitely no signature. Then to suggest that I may have missed previous communication because I just signed on! THAT’s really worth 40% of anything! Looks like they figure they already have their money in the bag. I’m going to stop here because I am just too PO’d !!

    • Jane Akre July 9, 2014 at 12:11 am - Reply

      Meshed up– Thanks for sticking with us even though mostly these are pelvic mesh women. Your insight and experience into the mesh mess is invaluable.

      As you know all too well, the Kugel Hernia Mesh folks got as little as $4,500 !! Seriously. They were disabled and unable to work. Let’s hope we do not have a repeat of that…..

    • Jane Akre July 10, 2014 at 11:20 pm - Reply

      Sadly our FDA is so entangled with mesh manufacturers no one would believe it. MND has evidence of the collusion…We’d like to put it into the Enmeshed documentary and will be asking to raise funds to help tell the story.. This needs to see the light of day. Mesh injured folks who cannot afford it- this plea is NOT to you… but to individuals, foundations, firms, who want this information out!! Thank you. Let us know if we can visit a city near you with a pitch and a showing of the Enmeshed film trailer…

      • Kitty July 11, 2014 at 1:56 pm - Reply

        Milwaukee is the home of one big wig. Now this is where fact could be scandal., I sent you something and you can call me for details.

        • Kitty July 11, 2014 at 2:12 pm - Reply

          I meant FACT vs SLANDER not scandal sorry

  4. Joleen Chambers July 8, 2014 at 1:00 pm - Reply

    I agree wholeheartedly with Jane Akre’s approach to informing the public about the harm from implanted surgical mesh. This product was marketed aggressively before its value was proven. Women were not given adequate informed consent. The harm cascades throughout the community and only now are we beginning to recognize the human injustice to the individuals and the cost to our state and national social safety net programs. Our legislators (Congress) and regulators (FDA) have had plenty of time to correct the problem. In a just world, they would be considered culpable along with the purveyors of this dangerous and defective product.

    • Jane Akre July 9, 2014 at 12:12 am - Reply

      Joleen- your words are always so right on accurate about the big picture.. Someone said to me today this is “evidence-based genital mutilation” and he is a doctor! This is a huge story that has to see the light of day for its insanity!!! Stop the insanity for all women and men!.

  5. angela gibson July 8, 2014 at 1:59 pm - Reply

    Having mesh bladder sling removed soon ,found out no one gets one million or two million ,win do good to get couple thousand ,for pain an suffering ,two years of my life is worthless ,my attornies tell me if its bard implant I get nothing ,they don’t have enough to bring suite against , attornies are b,p,b baily Perrin & baily ,I am depressed beyond repair ,cutting my stomach open taking out a bad sling ,and note pain for nothing ,if j an j will get small amt ,sorry for all the women out there God help us all ,so scared ,have to stay in hotel near hospital ,blood work preop then next day surgery ,home suffer more ,why? And give little or nothing why all the stories about so much money ,it would help to get that but its not true the ones who get the most are the lawyers ,have attornies can’t afford to pat them get another stuck with them ,and probley no money ,

    • pam July 8, 2014 at 2:32 pm - Reply

      angela, please explain what you said about if you have bard implant you get nothing? why? bard? THAT IS RIDICULOUS , why did they take bard cases? if they were not going to do anything but take notes of pain and suffering of infections and more, to lie to clients saying they had a case filed? THERE IS TOOOOOOOO MUCH MIND GAMES AND LIES TOLD MORE THAN JUST THE DOCTORS AND MEDICAL. i know exactly who were handleing the phone lines for bard and fda, , when I was trying to find out what had happened to me with mesh. YOU DO KNOW THEY ONLY WANT THE MOST CORRUPT AND LIARS HOLDING DOWN THEIR PHONE LINES, FDA, LIKE POLITICIANS, WHY ARE NOT THE JUDGES DEMANDING SETTLEMENT AND THESE SORRY CHEMICAL COMPANIES GIVE BACK TO WOMEN SEVERELY DAMAGED WITH MESH FOR LIFE, COMPENSATION FOR THEIR LIVES AS THEY KNEW , BEFORE MESH DESTROYED. . what I say is not slander, but truth, their continuesd cover up and lies a judge needs to make sure criminal charges also apply of the maximum that any crook and liar, cover up, of what mesh does to humans. all women believe me deserve some needed R & R , for the years that this d—- mesh has stolen from us. WHERE ARE THEIR CONSCIOUS?

      SOMEONE IN COURTS SHOULD HAVE DEMANDED YEARS AGO THAT FUNDS BE SET UP FOR WOMEN WITH MESH DAMAGE, ESPECIALLY SEVERE, TO GET THEM TO DOCTORS LIKE RAZ AND MORE THAT COULD HAVE POSSIBLY HELPED THEM HAD THEY GOT TO THEM IN TIME BEFORE MESH KEPT CUTTING INTO THEM, AND GROWING IN TO OTHER BODY PARTS. THEY KNEW THIS FOR SURE. money hungry gutted evil vile , no better than cons in prison for murder, in power in america today. above the laws of america. When those in power. courts and attorney’s. politicians. doctors, etc , do nothing believe me they have involvement with chemical companies, and cover up or their colleagues do, favors for vote, campaigns, money. .

      welcome to america, where they keep truth shut up, where guilty walk out of courts laughing , (judges dishonorable as some are, knowing they are lying, also kick backs) and innocent pay . WHERE IS TRUTH AND JUSTICE IN LIFE TIME OF SUFFERING FROM MESH , BY GREEDY PEOPLE IN POWER IN AMERICA? LOOKS LIKE ORGANIZED CRIMINALS TO ME.

    • Kitty July 8, 2014 at 2:47 pm - Reply

      I thought Bard was the company that had the secret e mails that stated that particular mesh was not fit for human implantation.

      • msm July 8, 2014 at 3:21 pm - Reply

        Yes, you’re right. Chevron Phillips allegedly (?) warned them that it was not suitable for permanent implantation in human patients. How can they get away with it?

      • Jane Akre July 9, 2014 at 12:14 am - Reply

        Kitty you are referring to the raw resin material… the supplier said it should not be used for implantable medical devices. What did Bard do? It created a dummy company to distance its medical device company from the supplier. How is that legal and not criminal? Look up the Donna Cisson trial on the search bar on Mesh News Desk. it’s all there.

        • msm July 9, 2014 at 6:29 am - Reply

          Sorry about misinformation. That’s what I get for relying on another “news” site.

        • Kitty July 10, 2014 at 4:24 pm - Reply

          ok did I say Bard is not to blame. I don’t want to slander anyone—-as I said it is difficult to determine slander from fact.

  6. msm July 8, 2014 at 3:11 pm - Reply

    Bard kept settling each bellwether trial so no jury got to make an award. Now the judge is going to try 200 cases in a group. The cases have to be ready for trial by January 30, 2015. There are 9,000 cases at 200 per year years………45 years are you kidding???? Considering the age of the majority of mesh patients and our physical issues because of the mesh, maybe they figure they’ll save money as we die off. (sorry to be so morbid)

    So, Bard has bought time and it’s costing everyone money. If they settled each of the bellwether cases before trial, maybe they would settle each individual case if they were back in their home state courts. I just don’t see how an MDL benefits plaintiffs at all. It just isn’t fair and why have some cases been tried locally and the resat are stuck in the MDL? Anybody know? Please!

    • Kitty July 8, 2014 at 3:45 pm - Reply

      msm—I am checking into that —-I may have an answer in a few days.

    • All Meshed Up July 8, 2014 at 4:01 pm - Reply

      Bard has stated after the last Kugel MDL that they would not settle on any other suits against them and their Kugel Hernia Patch w/ring. Their opinion is that this particular mesh problem has been solved.

      MSM mentions the petroleum industry thread of all of this. I believe it was J&J/Ethicon that was informed that the material they were purchasing was not made for implant. It may have been Bard/Kugel but this little note from the producer of the material that then becomes a mesh ‘product’ is revealing in itself. Though completely ignored by the FDA and the Courts, this should have raised at least an eye brow or two but nothing was said.

      Time and again the same blatant information that should explain why there are so many Mesh Victims whether Gynecological, Hernia or Reconstructive mesh that have the same symptoms is ignored. And I am not talking about pain symptoms that the Dr.’s say is in our heads. I am referring to mass infections, swelling, migration, adhesion’s, fistula, rash’s and probably the one that will haunt us for the rest of our lives, chemical leeching. These symptoms are not one’sy two’sy kind of symptoms. These symptoms are by the tens, if not hundreds of thousands of victims suffering similar or exact problems. And all of this is ignored by the FDA and our Medical Community.

      Mix all of this with the very real prospect that you will be left destitute because of a medical device that was supposed to be benign and you have an American tragedy. You could write a book about all of this and I bet it would be classified as FICTION. Who would believe this if you were not living it? I know I have had conversations with folks about all of this and they cannot believe I do not have a multi-million dollar lawsuit. How come the FDA doesn’t do something? And when you explain all of that mess, you suddenly realize that the people you are talking to do not believe you any more. Because everybody believes the FDA is out there saving us from just the thing we Mesh Victims are living. That is why we cannot get Fox or ABC or CNN to give us a 5 minute spot to talk about all of this. They call the FDA and are told that we are the disgruntled few, pill poppers and malcontents. Everything is OK! Do not look behind the curtain!

      Obfuscation,delay, lie, delete and destroy documents and payoff’s is the Mesh Manufacturers play book. We need to figure out how to take them down because I do not believe the Justice system is willing to do their job as we see it.

      Every one of us has a life they are trying to deal with and having a mesh problem only complicates everything. We all want retribution and compensation for what has been done to us. We believed the Doctor’s when they lied to us if we were even informed in the first place about our mesh implant. Hopefully soon a light will come on and the right person will finally realize what is happening to so many people. Let’s hope it is soon.

      • Kitty July 8, 2014 at 5:14 pm - Reply

        It is so hard to believe that a Dr in this day and age would implant that particular mesh. I pray for my Doctors’ and thank the lord for their skillful hands. I believe their oath is to “Do no Harm”—then how could they?

      • Kitty July 8, 2014 at 5:21 pm - Reply

        “Truth is stranger than fiction”

  7. All Meshed Up July 8, 2014 at 4:09 pm - Reply

    The reason the MDL’s were set up was for expediency in the Court system. 2000 cases would take ages to go through the process. So why gum up the Court system? The Lawyers make money. The Manufacturers are made to make a “Substantial Settlement” that is a pittance to a Multi-Billion dollar corporation. The Courts are Happy because “Justice was Served” and the Court is not entangled for years. Everybody is Happy!!! Yeah, we sure showed that Big Bad Mesh Manufacturer! Uh, has anyone talked to the mesh victims or Plaintiff’s? Uh, who…………..

    • msm July 11, 2014 at 7:48 am - Reply

      Thanks for the link. This summary, along with all of the related studies published by the National Institutes of Health in the National Library of Medicine, lead me to one question. Why is the FDA and HHS allowing AMS to implant more mesh to “study” the outcomes. It seems to me that AMS is just hoping to show that their products are different from and better than those in the past studies. I am sure that the past studies involved many AMS products as they are one of the largest manufacturers.

      “522 Post-market Surveillance Studies” required by the FDA should be conducted by researchers who are not receiving compensation from any manufacturer. Since these are “surveillance (meaning monitoring or observing) studies”, one would think the objective is to follow the patients already implanted with mesh or native tissue. The studies should NOT require further implantation of the material and devices in question.

      If anyone else is harmed as a result, the FDA and the HHS should be held liable for allowing and approving the studies. That liability falls on the shoulders of the individuals employed by these agencies who make these decisions. It is blood on their hands and is criminal. (Just my opinions, of course.)

      Follow this link and read about the “least burdensome” methods required for testing.


      • msm July 11, 2014 at 9:20 am - Reply

        Delving deeper into the FDA documentation, some device applications are filed because mesh sling dimensions are modified and arms are knit with reinforcement fibers, for an example. The application for 501(k) clearance contains statements from the manufacturer that it has determined the device to be equivalent and declares that several studies (including animal) were conducted on the modified product to find that it was “equivalent”. It appears that the FDA does no testing of its own nor conducts a review of the actual results of testing by the manufacturer and requires nothing more than the statement from the manufacturer. This is followed by a form letter granting approval.



        Also, I have to question the necessity of the “modification”. Would that indicate that there was a deficiency in the original (predicate) product? Does that product continue to be marketed when a better option is available? Is a notice sent out to physicians advising them to use the modified product? It is very costly to modify a product and I would not think it would be done unless seen as advantageous to the manufacturer from an application and/or safety(liability) standpoint.

  8. All Meshed Up July 16, 2014 at 9:31 am - Reply

    I have just corresponded to another Bard/Kugel Mesh Victim from Chicago who has received their settlement offer. They are absolutely floored and pissed off after waiting for 7 years to get such a small amount. After the Lawyer takes their 40% and the Insurance gets their money, there is nothing left over.

    Just a reminder to all you ladies that are waiting for your “Substantial Settlement” that the Courts and Lawyers are not thinking of you and your suffering. They want to get through the Court as fast as possible and the Lawyers can tout another great Settlement in the advertising while the Victim gets very little. The MDL system needs to be changed so that the Victim has more input. We as a group, severely damaged by a product we were told ( or should expect ) to be benign, are being shafted by the Government and the Lawyers. We will never be the same as we were before being Implanted with mesh. But the monies that are being discussed and distributed do not reflect the pain, suffering, damage and loss of livelihood that comes with a mesh implant gone bad. Whether $4500 or $40,000 or even the $300,000 for a death from mesh, compared to the Millions being made by the Dr.’s and Lawyers, we are being shafted. We should have eaten dog food from China because then we would get a “Substantial Settlement” and the FDA would be on OUR side.

    • msm July 16, 2014 at 12:23 pm - Reply

      I’m trying to understand how the hospitals and insurance companies can use OUR attorneys to get their money back and not have to pay part of the cost of that attorney. They should have to sue the company just as we are OR pay for the attorney. Also, MDL or not, my contract explicitly states that I will be consulted PRIOR to any settlement agreement. The attorney is supposed to consult me to see what my bottom line is for a settlement before discussions and counsel me during the proceedings to advise me if an adjustment to that amount might be in my best interest.

      The way this process has gone, it is no different than a class action except that the attorneys collect fees from each client individually and can charge fees on each “case” even if no work was done on that case other than the client completing the profile form and medical records collected (if that).

      I just learned that some states put a cap of 2/3 on what the medical and legal fees can total guaranteeing the victim 1/3 of a settlement. I read a post that said the victims received less than $14,000 out of a $40k settlement so that might be true. The attorneys will just make a deal with medical companies to share the 2/3 and they’ve saved time and money with no work and no arguments. Thats just what I imagine goes on behind the scenes.

      Also, the “lead” attorneys who do most of the work while the others watch, apparently get paid extra from a fund made up of assessments from each case. So if my attorney was one who did most of the “negotiations” will I still have that assessment? I’m already paying him to do the job. So much going on and it all comes out of what should be our settlement helping (a tiny bit) to cover our out-of-pocket medical, travel and other expenses. We paid for the insurance and now they’re double-dipping. Unbelievable. The American court system does not exist for justice but to line the pockets of attorneys!

  9. All Meshed Up July 16, 2014 at 2:19 pm - Reply

    What I have been told is that the Attorney calls to say there is a settlement and this is YOUR amount. If you say something like “ARE YOU OUT OF YOUR MIND!” or “GET THE ( put your expletive here) OUTTA HERE!” or the ever popular “You CAN’T be serious? Really? Oh crap….” you are now “disagreeing” with the settlement. The problem being is that you have been “categorized” by the Courts, agreed upon by the Lawyers and an amount of monies has been deemed sufficient for your loss and damage. Going against that ruling now puts you on a list where you may or may not get a damn thing. I have talked to 2 people ( 1 man and 1 women) who disagreed with the amount and they said that they could not get anyone to answer their questions as to what the determination is or even if one has been made. That was a year ago. I have not been able to get an answer back from them but I believe they are now afraid to post or correspond less they not get anything. I think that all parties other than the Mesh Victim have already got their money and any argument ‘gums up the works’, as it were. Then they just ignore you and hope you go away soon or just die.

    That is rather a dismal thought but the fact that our own Government will not fully recognize the inherent dangers of Mesh and Polypropylene in particular, kind of puts me in this mood. Then when I talk to people that have put their hopes on a settlement and wait for that settlement for 7 years, only to have those hopes ripped away, makes me sick. I will more than likely never have my day in Court but the insane thing is, I’m kind of glad I won’t. Having 5 surgeries and 2 mesh ‘products’ has been enough suffering without waiting another 7 years for nothing. Best Wishes……..

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