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J & J Asks for Directed Verdict to End Defective Mesh Trial

dr durwood neal urology   columbia moThe plaintiffs in the Budke v Ethicon trial in this Camden Co. Missouri courtroom planned to bring their eight day trial to a close today. But before they did, there was one more witness who appeared via videotape, Dr. Durwood Neal, a urologist from Columbia, Missouri.

Dr. Neal would be brought in talk about how he tried to save the failing Joan Budke, 77,  in early 2009. She had been diagnosed with a massive infection in her pelvis that no one could identify. The infection became chronic and inflamed about eight months after the Prolift mesh was implanted in April 2008. Mesh manufacturer, Ethicon, a division of Johnson & Johnson, denies its mesh caused the infection even though a massive infection was found on the anterior wall of the vagina, where the mesh is placed close to the bladder in order to to treat incontinence.

jurors two

Jurors, anonymous artist

A CT scan of the abdomen done in March 2009 revealed a mass 4.5 by 2.5 inches.

“To me it looked like a chronic inflammatory process secondary to a bacterial infection usually from an infected foreign body,” Dr. Neal said. While doctors were doing biopsies, thinking  she might be suffering from cancer, Dr. Neal said he believed her Prolift polypropylene mesh was infected.

By March 2009, Joan had a wasted appearance. It was now 11 months since her Prolift implant. The infection had blocked her kidneys. Stents were implanted to drain the urine.  Dr. Neal recommended the inflamed bladder might have to be removed and he suggested hyperbaric oxygen therapy to aid with healing.

Dr. Neal was one of a half dozen doctors brought in to try and save her life after a partial removal of the Prolift did not improve the infection. He also removed a portion of the mesh arms, which was shown to the jury.

The defense established the urologist never saw a culture that identified septic emboli, the plaintiffs’s lead theory.  A pathologist this week testified that septic emboli is an infection that always originates in the pelvis before it travels up the body to seed in the lungs.  See background story here

Lastly, the defense attorney asked if the doctor knew of the existence of a family journal. Dr. Neal hesitated, asking if one existed.

The unidentified writer in the journal allegedly wrote, “I do believe he said he didn’t know mesh was the cause. This infection could have started by itself and could be a bad reaction to a secondary infection,” the lawyer read off camera.

Do you dispute that’s what you told Ms. Budke’s family?   “It sounds like generally me speaking but I don’t remember what I said. It was too many years ago,” said Dr. Neal.  ethicon logo

 

J&J Asks Judge for Directed Verdict in Budke v Ethicon

It is never surprising when a corporation wants to end a case and it happened in this Camden Co. courtroom today. Lawyers for Ethicon, a division of Johnson & Johnson, asked that the judge bring the eight day defective product trial to an end with a directed verdict in favor of J&J.

Dan Ball, Bryan Cave Law, St. Louis

Dan Ball, Bryan Cave Law, St. Louis

“The plaintiffs have not made a submissible case on negligence, a failure to warn,  strict liability or design defect because they don’t have sufficient evidence it was defectively designed or unreasonably dangerous,” said Dan Ball of the Bryan Cave law firm of St. Louis.

The defense claims that not enough evidence has been submitted that the Prolift pelvic mesh caused plaintiff Joan Budke’s death or that the  company failed to warn doctors, specifically her implanting physician, Dr. Becky Simpson.

Her wrongful death claim should also be thrown out of court, said Mr. Ball. Wrongful death is allowed in a product liability claim under Missouri law. See the statute here.

Other claims of a defective product include a breach of express warranty and of implied warranty.  There is also insufficient evidence breach of implied warranty of merchantability, said the defense.

Finally, the defense asked Judge Hass for a directed verdict on punitive damages. In the last case involving a Prolift (Linda Gross), an Atlantic City, New Jersey jury awarded plaintiff Linda Gross $7.76 million in punitive damages to punish J&J, a $70 billion a year company.

Missing was clear and convincing evidence of a conscious disregard, malicious, wanton and willing disregard of safety that would merit that award said Mr. Ball.

“This is an important motion and it would be unfair in the law for this case to proceed any further in punitive damages claim,” he said.

A lawyer for Dr. Becky Simpson also asked for a directed verdict in her medical malpractice claim.  Court will resume on Monday despite the fact it’s the Martin Luther King holiday.

Judge William Hass, Camden Co Mo.

Judge William Hass, Camden Co Mo.

Judge Hass said he would take the weekend to consider the directed verdict motion. “Some of this will take a little while to digest,” said the judge who on more than one occasion has admitted he was “confused” by the evidence presented so far.  Admittedly there has been a lot of technical/medical testimony, some of it coming quickly.  “I will get on it, I will do this. I will give it the most serious determination I can.”

In the Carolyn Lewis case of one year ago, (see background story here), Ethicon asked for a directed verdict on the eve of the plaintiffs’ case in Charleston, WV. Judge Goodwin granted the directed verdict ending the case.

Prior to the  directed verdict in the Lewis case, the plaintiffs had a difficult burden to prove. Judge Goodwin had removed one element of a defective product case, defective warnings to physicians. He did that because the implanting physician said she had not read the IFU (instructions for use) since 2002.  #

 

 

68 Comments

  1. Aaron Leigh says:

    I believe the same thing was done at the last minute in the Batiste trial. Judge Molberg was swift to see it as a tactic and did not allow it. Jane, am I correct.

    Of course the trial proceeded and the defense had to present the bulk of their case and let the jurors decide.

    • Kitty says:

      I like the idea of getting us all on a ball field and singing a song. Something like: “Killing me Softly with your mesh”—–“Killing me softly and slow—-Killing me softly with your mesh killing me softly” Not softly —what other word would fit? and do we need to9 get the rights to the tune Was it Carly Simon? Or maybe we could get James Taylor to sing for us. ” Fire and Rain”

      • Kitty says:

        These are the words and its not Carley Simon its Fugees

        Strumming my pain with his fingers (one time),

        Singing my life with his words (two times),

        Killing me softly with his song,

        Killing me softly with his song,

        Telling my whole life with his words,

        Killing me softly with his song.

  2. Tammy says:

    Praying for the family. I really wonder how Mr Ball, can face the family and sleep at night. Thank you Jane and Aaron for keeping us informed. We would be in the dark without you ladies. God bless you both.

  3. Mary pat says:

    In case anyone ever wondered what the devil looks like, look at the defense lawyers. They are from the pit of hell. Evil to the core. We’ll see if the judge joins their ranks. God help us all. Jane, I can’t even imagine how heartbreaking it is for you to witness this firsthand. You go where angels fear to tread with courage and conviction. Thank you. God bless you.

  4. Linda says:

    Alright ladies, enough is enough. The facts are being blocked. I don’t understand why they are unable to present the destroyed documents? Why can’t they be told there are over 100,000 women suffering? How is it, the secrets prevail and justice is not coming to the forefront ? WE HAVE TO DO SOMETHING DIFFERENT. Jane can you post the schedule for up coming trials? I know we are broke and very ill but Jane said it herself, the defense team does not want other victims in the court room. WE NEED TO RALLY. Some how we have to get groups of us to the hearings. Protesting seems to get the word out. Maybe we need to lay on the ground in front of the court house and refuse to move. I know the reality is most of us will have difficulty getting to the ground and we will need complete assistance getting up but WE HAVE TO DO SOMETHING DIFFERENT. I propose we unite and select a trial or a johnson and johnson location and protest. We ARE WOMEN! WE ARE SURVIVORS, WE HAVE A LOT OF COMBINED KNOWLEDGE SURELY WE CAN DEVELOP A STRATEGY TO COME TOGETHER , MEET TOGETHER AND SPEAK OUT. WE ARE NOT DEAD YET. If we don’t do something, many more of our sisters will be layed to rest. We all fear our own symptoms are going to bury us far to soon. We all know our bodies are tired and weak and aching even after removal but we are not dead yet. I think we need to select a sight and join together, t-shirts, signs, and I think it will be good for us of like bodies and minds to hug and share there are 100,000 lawsuits but they need our faces, our bodies, our families because they are not even aware of the numbers. Lets meet together at a trial??? Ladies we have the intellectual ability to think this through. With all of us combined we can combine ideas. There is power in numbers. Alone we are quiet but together our voices will be heard. Rosa Parks moved to the front of the bus by herself. I am ready, will you join? We need to keep in mind women are continuing to be implanted every day without the knowledge of what lies a head Oh God hear us and help us develop a plan!

    • Maria Garcia says:

      I have been following all of the past cases not just for Ethicon J&J but other products in the past like VIOXX as well. One thing that I have come to understand is there is an order and reason things take place under the law and it works. I am suffering just like all of you and I want justice as well. We are not lawyers and we don’t understand procedures and the rule of law. We are all naturally reacting to the obvious which makes everything seem so unfair if everything does not go our way. There is a God and He is still on the throne and we will be victorious in the end I am sure. We cannot allow our lack of understanding of the law and court procedures to march at the courthouse and draw attention away from the real facts in these cases. Judge Goodwin in West Virginia has purposely tried only cases with one device and any evidence that has been withheld like document destruction by J&J would distract attention away from the defective product itself. I was so angry and spitting nails myself when all of this first started but after understanding how and why procedures and rule of law were created, I see the whole picture now. If the case is strong the result will be in the plaintiffs favor and if weak than it will be a win for the defendant. It’s the Plaintiffs lawyers that have to make sure the case is strong enough on it’s own. There should never be last minute conflicting “family journals” or never returning to the implanting doctor and saying one year after implant how much better your life has been to come back and bite you by the defense. The question of Directed Verdict needs to be understood as well and here is a little info on that.

      http://www.rotlaw.com/legal-library/what-is-a-directed-verdict/

  5. jade says:

    Agreed. We r all being used n abused by the system. If these direct verdicts go through I believe that will be our signal to rise up visibly in an organized protest. Until Monday. … ENOUGH!!!!

  6. Jane Akre says:

    Agreed- Need a name we can agree on. We are mesh survivors? ” for example. T-shirts, bumper stickers. press releases to your local media. start conversations in grocery line ( many of you already do this). Social media to all of your friends. Talking points (i can do this). Without visibility mesh makers operate in secrete an with immunity. That why I do mesh news desk – to shine a light where it needs to go! I will post the next trials . There have been three mesh-implanted women here (anonymously) and everyone said it was amazing and eye opening!!!.

    • Jan Urban says:

      Jane and Linda. We have the world at our fingertips.. Social media is everywhere. Can we Post using our video feature on are computers. Somehow, putting our faces and voices out there. Like when the actors and musicians do( We are the World) to raise $’s and awareness? We are Mesh Survivors. As we network daily you here peoples reply. Oh yea I see that on tv. No they don’t. They see a lawyer, law firm. They do not see a mesh injured person. Is there a way (1 day) that we would post a video say on you tube. one right after another? Even is we had to script each video with a message or statement and there has been plenty in the comment section here at the news desk. Pictures of us before and after? These are my thoughts.

    • Debbie says:

      Jane they had a segment on CKY News in Toronto last Tuesday with Transvaginal Mesh settlements and they interviewed a couple of ladies who had revision surgeries and and had an update on there story how the Mesh was affecting us all and how terrible it can be you might want to watch it.

    • Mitzi pohl says:

      Jane, thank you from the bottom of my heart for all you do, your website is read daily and has been a constant source of information. I agree with Linda, it’s time to unite and get this more visible, frankly I think the t-shirts should say mesh victim, still alive! Dr Raz operated on me for the second time in October, he removed 2 1/2 inches of scar tissue from my urethra due to the TVT I had from 2010. Long story, but many physicians and procedures later, I’m ready to fight. I’m in Arizona and will happily take over coordinating women here, maybe we need to have a team leader for each state? And yes, trial schedule would help so we can coordinate travel, schedules etc.

      Anyone who would like to reach me, please text or call me at 480-327-8889

      Mitzi

  7. Margaret smith says:

    I totally agree, I am just now getting over removal surgery. I had surgery a week and a half ago, these people need to take responsibility for what they have done to all of us. I like the idea of going to the courthouses.

    • Jan Urban says:

      I to like the courthouse idea. When is the next trial in Charleston WV. March something. I’ll bet I will feel better after my heart cathe and fix the problem. That’s probably why the vertigo etc.. when I drive. I’m in Ohio and it is 77 South all the way to Charleston. WV. Riders welcomed. Walmarts are great places to park and ride. I have room for 3 riders.

  8. Bev says:

    I spent much of my life in the civil court system. I can assure you of the following:

    Judges are largely failed attorneys

    Money has everything to do with getting fair verdicts

    The quality of the attorneys is very important

    Which way a judgement goes is a crap shoot

    Speed of justice is artificially slow

    The system does promise fair but usually does not deliver fair

    Fair is largely in the eye of the beholder

    Reform is nearly impossible system is controlled by special interests (attorneys)

    Malpractice claims very hard to win ( only 1 out of hundred get paid out )

    These mesh cases are so large and so financially devastating to company’s involved that the best solution as I see it is legislative action to resolve. After all the FDA allowed the mesh to be put on market. So the Feds have some responcibility here.

    • Maria Garcia says:

      If the case is strong and the jury actually gets to hear it, no amount of money is going to influence the outcome of a jury. Not all lawyers screen their clients well enough because they never plan on going to trial in the first place. A good lawyer will always make sure of the facts in the case before agreeing to take it. Look at the cases that have not ended in favor of the plaintiff in all the brands so far. The facts show that most of the issues that made the outcome for the defendants were issues found in discovery that made the case weak. When there are no stones left unturned or skeletons in a closet to distract from the defective product, the case facts always end in victory for the plaintiff. I believe that drawing attention by marching or protesting will only distract from the case and influence the jury pool in a negative way which will just slow down the entire process for everyone.

  9. Disgusted says:

    I agree with all of you. However, with the litigation and not being allowed to speak up it is hindering progress. I did agree that they weren’t malicious – definition:

    ma·li·cious

    məˈliSHəs/Submit adjective

    characterized by malice; intending or intended to do harm.”malicious destruction of property”synonyms: spiteful, malevolent, evil-intentioned, vindictive, vengeful, malign, mean, nasty, hurtful, mischievous, wounding, cruel, unkind;

    I think they are guilty of depraved indifference – definition:

    To constitute depraved indifference, the defendant’s conduct must be ‘so wanton, so deficient in a moral sense of concern, so lacking in regard for the life or lives of others, and so blameworthy as to warrant the same criminal liability as that which the law imposes upon a person who intentionally causes a crime.

    They should go to jail for this.

    They put it on the market with hopes of great $$$$$ and hoped it wouldn’t affect the population. They gambled and due to the amount of mass torts in the last decade they are betting they won’t lose much – the profit always exceeds the losses.

  10. John says:

    It seems to me that your plaintiffs attorneys want you all to keep quiet and not go public to raise awareness of the horrors of mesh simply to protect their own interests, that is the bottom line. Otherwise if mesh survivors started raising the roof and creating a major disturbance about the injustices, manufacturer corruption, etc… the attorneys pockets won’t end up with as much of the money that you all deserve for compensation. No amount of money will ever make any of you a complete person again, but it will help to increase your quality of life. Your lawyers can all survive, and live comfortably, with a smaller piece of the pie!

  11. Linda says:

    Well the way I see it is no money is directed our way, no attorney has blown up my phone to check on my condition or update me on my case. I don’t see the attorneys offering support to get media to cover the cases. Since trials started not a lot has changed. In 2 years a few cases have been heard. Women are implanted every day. We can save lives and suffering. There are thousands of law suits pending and no settlements on the horizon. Really John are you suggesting we let women continue to be assaulted. Others may not have awareness but we do. We can’t change what has happened to us but we may be able to change it for others. Breast cancer survivors wear pink and get the word out. The gay community rally’s join together and raise community awareness. Why is that you believe we need to remain silent and not educate. I love all the ideas I have heard. Jane is there a way to gather off the web site and exchange information, phone numbers ect? I got motivated this morning and wrote my state legislature. One letter is meaningless. They view it as one woman with a medical problem. If we all write each legislator maybe they will develop an interest. I propose we each draft a letter regarding what we personally have been through, save it to your desk top and then we can each send ours to a particular person. 250,000 letters on the same topic is more powerful than one. I propose we pick a media figure Ellen, Oprah, whoever we want and we all send our letter on the same date. Maybe they will delete or just maybe they will say WTF are this women talking about. I think we should attach the MSDS sheet with a certain number and the FDA warning with another. No disrespect to the morcellator group but it seems they have accomplished more in a much shorter time. Our women are dying or killing themselves because of pain and despair. Collectively we are brilliant, alone we are in despair. I am in NM is any one else in NM. Perhaps quadrants. NM, AZ, CO,TX?? The other thing we did not mention is how therapeutic it would be for us to gather. Jane haw can we make a confidential list of names and phone numbers?

    • Jan Urban says:

      If we were to post our individual 30 sec 60 sec post one right after another or all at once. If you do not want to be seen, a voice message is okay. how could we jam up tweeter, u tube, face book all at the same time. You can say something like this: Jan Urban mesh survivor 2011, or Jan Urban TVT mesh survivor 2011. Do a rod sterling intro….what you are about to see……….and close that episode with our mission statement. I’m just throwing things out there.

      • Linda says:

        Jan

        where are you located? I am not a techy but if you give the directions I will find someone to help me. Lets designate a date. Any movement is better than none at all. My husband is an artist so I am going to have him design a bumper sticker. I will get a batch printed and we can start to get them out. If we had a t-shirt that we all wore I am sure women would stop us and ask questions. Maybe we need to pitch in and rent a bill board close to J and J main head quarters. We are all mesh warriors. Lets gather.

        • MarieAnn says:

          We all need to make ourselves noticed! If this was a man’s issue I am sure the mesh crap would be off the market and settlements made. I am sick of being treated like I am of no value and can be used as a lab rat!

          We have given birth to the next generation and are the heartbeat of our homes. I was a young working RN and can no longer do that…So much has been taken from us and society as a whole will suffer for years to come because a segment of women who contributed and made a difference can no longer do so!!

          Jane, When and where is the next trial? I am 9 mos from my last urethra repair surgery with Dr Raz. I would like to be at the next trial if at all possible. I live in the south east.

          We need more information out there other than lawyer ads, which people think they are just ambulance chasers. People need to be warned that this is real… I was told doctors and mesh companies are now focusing on targeting younger women who can’t exercise without leaking urine since they gave birth. They are offering slings as a first option for SUI!!! Lets be LOUD! Fed up after being assaulted with a sling and a prolift and 10 major surgeries for complications and repairs! Maybe we could do public service announcements on radio too? Billboards would be good also.

          • Kitty says:

            Marie Ann The vaginal area is very sensitive and perhaps vulgar to some folks—-I don’t know how things would go if the mesh was strung thru a mans testicle to shore up saggimng scrotum. Would that be considered vulgar?

        • Jan Urban says:

          I was thinking maybe a large button that we could wear with anything. We are in the coat weather now. Lots of coverups being worn this time of the year later we could do t shirts but we could do both and place our orders all at once. Oh, I am in Ohio, Canton.

          • Robin Herzog says:

            Sounds lime we got some Ohio women on here? I am in marysville ohio. We could meet in off 77 south like Linda said and mark our cars with shoe polish NO MORE MESH.. Just like the football rallies. Ikniw this may sound silly but I am totally serious. We have how many women within a 4 to 6 hr drive to WV? Anyone in? Jan we need you!

      • Robin Herzog says:

        I think there is a 6 second video you can do now. I saw it on Jack Vale offline. On march 1st before the WV trial Bellew vs J & J we can just take a piece of white poster board with the MESH in the middle of a red circle with a line thru it like you suggested earlier. Hold the sign in front of you and just say I am the face of a mesh survivor? Or Just say NO MORE MESH. 6 seconds is all we need. Isn’t that how much time they give a bull rider? I say lets ride this damn bull and stop letting them ride us with their bull. Ill be in WV Mar 2 and I live in Ohio. Lets gather there! Its J&J vs Bellew. Bring your signs shirts buttons etc and be in the front of the courthouse at 8am. Contact every news media politician etc whoever you have been in contact with. Lets get this shit on TV and show our support in numbers. I will make my promise on Mar 1st I will do my 6 sec video or you tube with my sign and say NO MORE MESH. Period! Then I will be at the courthouse mar 2 8 am. Jane you will have to let me know times of the trial how long to expect? I want to rally outside but be inside for the trials. We all should be in the building at trial time but rally before and after every day we can. Text me if you can be there. 740-972-1885. Get your hotel rooms reserved. Who’s with me?!

    • John says:

      Linda,

      Is it possible that you may have taken something in my post the wrong way? My wife is also mesh injured, I am not a lawyer and I sure as heck am not on the attorneys side. I think the attorneys want everyone quiet to protect their own interests, not the interests of the mesh injured. It’s looking to me like they are nearly as snakey as the mesh pushing, document destroying, manufacturers of these life threatening devices. In my opinion, should this trial be ended prematurely with a directed verdict in favor of the defendant, then it’s time to raise the roof and make sure the rest of the world is invited to the party if you know what i mean!

  12. Debbie says:

    I’ve got ahold of the local paper here the author said he will do another article soon on mesh as he did one a couple of years ago. CKY News in Toronto did a big segment on mesh and how it harms some women and talked about all of the complications.Plus the local news where I live did a interview with one of our fellow me victims it’s been on the news and in the paper a couple of times here in Canada hopefully they will do more as the word is starting to get out that settlement talks might be happening so the News wants in on it now.I try to contact the local News by email telling them about how harmful mesh has been for me and others and I will continue to until it gets heard a lot more often in the papers and on the News I will keep trying here and I won’t give up trying.

  13. kitty says:

    We should meet at various court hearings with Jane We should remain anonymous. Why should we sacrifice our future day in court?

  14. Linda says:

    OK Jane we are rallied up! I am really excited to meet all of you women. It’s a pretty isolated place we live in although my friends are compassionate they really don’t understand the chronic pain and need for extra sleep. They were so use to the get up and go me and now every thing has to be pre-planned so i don’t do much before and I have adequate time to recovery after. All right ladies we need a motto for our shirts. Lets submit ideas. I anyone knowlegable about setting up 5 k runs? They seem to generate awareness and draw people to the cause.

    • Jan Urban says:

      Well my warning to women is Let it Flow…..No Mesh. It just breaks my heart that there are so many younger women who’s life have been harmed and ruined by mesh. Of course I am also sad for us older gals to.

    • Kitty says:

      I can barely walk let alone run How about “5K WALKER”

      • Jan Urban says:

        Kitty, I’m with you there. But I have several universities, colleges and tech schools. Malone, Walsh, Kent-Stark that I would approach for a 5k run.on behalf of mesh survivors. Another thought is public speaking programs. Women’s clubs, Senior groups, retirement communities, health clubs. We are advocating good bladder health (control) the do’s and definitely the don’t’s. Kegles for men and women. Limit liquid intake at certain times. along with other topics. But never mesh there is other medical intervention procedures that one can ask their Doctor about. A thought..Men sure have it a lot easier with their Prostrates.

  15. Dan says:

    Sorry to change the subject but does anyone know a primary care physician who is familiar with mesh difficulties that lives in the Nashville Tn area?

    • Bev says:

      Take this from someone who has spent many years trying to solve mesh problem. Only one reliable and competent removal doctor. That is Dr Raz at UCLA. Flight to LAX is cheap, stay at Tiverton House for only $30.00 per night.

      Save yourself a lot of money and grief go to Dr. Raz.

  16. Maria Garcia says:

    Motions for a directed verdict are rarely granted, but they are frequently made, because the rules of procedure in many civil and criminal courts state that, if a motion for directed verdict is not made, the party that failed to make it might be unable to appeal if he or she ends up losing the case or being dissatisfied with the verdict, the judgement in a civil case, or the sentence in a criminal case.

    Source:

    http://www.rotlaw.com/legal-library/what-is-a-directed-verdict/

  17. Linda says:

    to order 200 buttons cost 150.00. I’m willing to do the order. What do we want on them? It’s .58 a button. We could turn a slight profit and then do bumper stickers. Turn a slight profit do t-shirts. We could also use the cash to fund Jane’s’ trips. Tell me what you want. We can just buy them and get them out but I think we could start to build for the next project. Send your thoughts. Do we have 200 people wanting a button?

    • Jan Urban says:

      Linda, I would Love to order several. Are we talking to ourselves today, everyone is so quite? I think $5.00 each and that would cover the specialty envelope and postage and funds for Jane, tees, posters, banners whatever. We could have the symbol for stop (red circle with red line through it) with just the word MESH behind or within the symbol. How much are you allowed to put on these buttons? I’m Meshed UP………DID YOU KNOW…….I am a Mesh Survivor……..I’ll think some more on this. Mesh Hurts….Just ask me…

      • Linda says:

        Are you just recovering ? I had removal 2 years ago and reconstruction last year. I am ready to see these defense attorneys face to face, eye to eye. It’s time for them to look at many of us at once.

        • Jan Urban says:

          Linda, Let me know if you need anything else from me. janishietala@yahoo.com. I threw out my ideas. Go for it.

        • Jane Akre says:

          Show up at court… they love it when you do!

          • Jan Urban says:

            Are you being sarcastic…….I know you love it when we show up!!!!!

          • Jane Akre says:

            Yes I am very much being sarcastic….. watch the glare if you are mesh injured from defense attorneys… !

          • Jan Urban says:

            Hopefully if all goes well with the Heart Cathe, which by the way that nuclear stress test almost killed me, I feel like………I’ll be able to attend the case slated for march in West VA. I won’t mind being gagged to see the reactions when they see a galley full of mesh injured. I wonder what the Judge will think?

    • Robin Herzog says:

      Ill pay for the 200 buttons if you get enough to show up in WV on Mar 2? Ill send the money to Jane thru paypal if you get them made and bring to the rally?

  18. Tammy says:

    I want a button. I’m in Ky. Ready and willing to go to WV…..Linda I’m with you. Please call (859) 421-3998 I think meeting and helping Jane is awesome…..

  19. Mary pat says:

    Hell hath no fury like a woman who’s been scorned! Ladies, I am with you. I am mesh injured. I am weak an weary and financially strapped but I will do what I can. For starters, count me in, I will buy buttons.

  20. Mitzi says:

    Ladies, keep the calls coming, I’ve learned so much from talking to you, count me in for buttons but if we can gather more information on individual cases enough to attract local news stations we have more chance of taking this to a national level. Keep calling, I will return every call, these experiences are heartbreaking and I know that there is fear about talking about it but we have to make this a national issue, this case is history making and completely being ignored by the press! I will NEVER share any information without your written consent but I have contacts in this state to news channels! Help me!

    Mitzi

    Mitzipohl@gmail.com

  21. Mitzi says:

    This is also a great article explaining how the MDL process is proceeding

    http://www.litigationandtrial.com/2014/02/articles/attorney/tvm-litigation-asbestos/

    Another great source of information is the app QXmd, available on iTunes, it’s free…….you can enter keywords such as transvaginal mesh or product names and read published papers from all over the world on any subject.

    Mitzi

  22. Mitzi says:

    Jane,

    Is the trial still on in Bakersfield, CA scheduled tomorrow? I believe that one is also Johnson & Johnson

    Mitzi

  23. Toni says:

    Any news on the directed verdict. I had the Prolift and TVT tape implanted back in feb of 2006. They used 2 prolifts on me front and back. I have had 1 partial removal but the Doc told my Mom after the surgery he did not want to attempt to remove any of the majority of mesh because I would likely bleed to death. I had no idea that the prolift arms could not be removed until this trial. I was checking into going to St Loius to the specialist there to see about removal. I am in pain everyday and I just turned 50 this week. I have 2 sons I am still raising on my own. And no prospects for any hope of a relationship because although I am an attractive woman no man wants to deal with me because I am so MESED up. Barely hanging on to a good job due to all the medical issues . Can’t seem to find a Doc who will help me or even understand what I am going through . I don’t know how long I can hang on emotionally physically or mentally let alone financially. I have had Mono and 3 surgeries all within a 14 month period. Any words of wisdom. We need to get the real truth out to the world. It is a travesty what these companies are getting away with all for their pockets. Does no one have any compassion for others be it man or women it is still a human life they have affected all for the mighty dollar. I would just like to hang on to what I’ve worked for my whole life. But it is getting to point were I am losing faith and the will to continue day in and out just to survive. My quality of life has been taken from me.

    • MarieAnn says:

      Toni,

      I am an anterior Prolift surviver, thanks to Dr Raz. He did get all the four arms. I did need blood transfusions. Very difficult recovery. That was in 2010, I am still here!! He is the hope of survival of prolift removals…I would not be here if I had not gone to him, he had to keep going to get it all out, so infected. I traveled across the country to save my life from apparently the worst of the worst mesh devices. I give God the glory for directing me to Dr Raz through another mesh sufferer.

      God bless you.

    • Bejah says:

      Toni, Do not lose faith. Many of us have very similar stories. You are not alone. Even when you are alone in your house and night falls and it grows cold and dark, even then when you feel those dark night of the soul stirrings, you are never alone because the Father is with you…he said “I am with you always, even to the end of time” (someone correct me if I have not used all the correct words). I am not a religous fanatic, I do not even go to church often, but that’s OK. Even though I know Heaven is real I still feel so afraid, I still fear I will lose faith but I never do. Maybe we can all pray for Toni so that she will feel a wave of peace envelop her and her faith will be renewed. I am dying Toni and I can not have my mesh removed and I am trying to be brave. Surely it will kill me but I still have my sense of humor, I still have hope (it is very insistent like the will to live) and when I pray I feel better, when I go to church I feel better, especially for awhile…maybe the endorphins released from all that off key singing and the donuts after the service. Maybe it is the fellowship also. I think so. Toni do you have a dog or a cat? They are so understanding and funny and warm and furry. Highly recommended. Toni, I had to sell my house in 2011 as a short sale because of mortgage fraud (I really got screwed by BIG BANKING and BIG MESHMAKERS). My mother died under very suspicious circumstances and I lost her house as well because I could not make the payments and I could not rent it as the kitchen was gutted in preparation for a redesign. I could not even get all of our things out of the house because I fell breaking up a dog fight and fractured my hip. My movers robbed me and damaged the engine of my car, my real estate agent misled me about when I had to be out of my house, the truck rental company cheated me, my horse had to be put down, my American Bulldog died from a mast cell tumor, and then I discovered I had pelvic mesh implanted in me. But I believe that we are here for a reason. I believe that we are meant to endure things we do not understand, to have faith no matter what. Be a person of light Toni, close your eyes and feel the light within you. Be still and pray, talk to GOD. Listen then for the still small voice within. What does it say? That little voice has never misled me. You are greater than all that has happened to you. Take it a day at a time and always, always count your blessings. I do every day as an exercize. Remember this mantra which has helped me and many others: This too shall pass. A big ol’hug for you. 🙂

  24. Linda says:

    Toni you have to get to the specialist and see if it can be removed. Left in, it is only going to get worse. Are you part of the law suit already? Do not wait on getting to the specialist. There is more hope after removal. At least you can function a bit better., I know how you feel I was so done and my removal came just at the right time. I was ready to call it quits, Don’t give up get to the specialist. I know it takes energy to try to get this appointment coordinated. Remember you have come this far so please take that next step. What state are you in? Call me if you need to talk 505-288-2673

    • Toni says:

      I am in Kansas and I have gone as far as calling my ins company to see if the St Louis DR would be covered under my ins. Luckily it is through the policy if my primary Dr will refer me. I just returned to work and my job is very unstable considering how much I’ve missed. I had sinus surgery got staff infection had mesh push through and caused horrible infection on so many antibiotics that they don’t seem to help clear it up. I then went from no incontinence to total incontinence after the partial removal I was scheduled for another surgery to correct it but came down with Mono for the 4th time so had to wait until I got healthy enough to get through yet another surgery. This was all in the 14 month period. I went back to work 10 days after the last surgery and had a catheter for a week of that time. I am so scared after I read about this woman dying and also that they can not remove the arms of this prolift I have 2 of them so I have 12 arms and part of the TVT left. I also wonder if my issues were bad enough to even warrant having such a drastic surgery. I was 40 when they implanted me and extremely active go getter. I did a lot of work on my home of 18 yrs and raised 2 sons for 13 yrs from the ages of 4 and 6 on my own. Now things are falling apart and all I can do is try to survive. I have 2 cars both broke down a house that needs attn. but have no money to do anything but survive and have almost lost my house several times. My credit was impeccable now I can’t refinance due to my credit being in the toilet. Toni

  25. Betty says:

    I’m 37 yeard old, my mesh was implanted in 2007 at the age of 30, I was not in any pain, just went to the doctor because I was having a hard time passing stool due to a rectal prolapse in my vagina, I am currently taking 4 30 MG oxycodon a day and 6 peracet 10/325 after a failed attempt to take my life due to the physical and mental pain. I just want my life back!

    • Jane Akre says:

      Betty- Have you had any removal attempts by experts? Please do not give up…. there may be a better life ahead….let me know where you are located! Thank you~ Jane a.

  26. ANA says:

    The more I read about this case the harder my heart beats for this family. Where have our justice system gone wrong, when we cannot show the reality of this case. This country in about truth where is the truth, when can we present it. This jurors have to decide a case with blind folds on. If Johnson & Johnson felt so sure about this product why are they afraid that the juror listen to the truth. It is an obvious admission of guilt. Since when has justice system favored the convict, and the murderers. How could this Judge not see how unfair this is, not just to this family, but for all the thousands of women who need “all” the truth to be presented in the courtroom, so that we could get justice. There are about 60,000 case against them, is this a number that looks too small for Johnson & Johnson.

    • Toni says:

      Our justice system, our government, and our system of life in general is corrupt as far as most can see. He who has the money makes the rules and runs the country. Special interests in our government pull the strings for this injustice to happen. The FDA found that they didn’t even put the Prolift through for approval but did they do a thing to them other than a slap on the hand . Wow isn’t that what the FDA is for to protect the public. I don’t see any protection from these corporate people raping the public and making us there personal lab rats in the name of profits.

  27. Me says:

    To bad we can’t get funding for all of us to join in a huge field and do something akin to the old coke commercial with a killer song/ tune that people all over would start to hum to themselves….that would make headlines news and would be an awesome awareness commercial…… Just saying a haunting song that would make people say…..that’s for all of those poor women suffering ……or a telethon …….with big names showing up to present stories of injured women like the feed the poor in Africa commercials…….just sayin…

  28. Linda says:

    Ladies,

    you have to be aware that if this product is left in the infections continue. There is an msds sheet from toe polypropolene maker saying “not to be used in the human body” The chemicals don’t belong in your body and you have to get them out. You have the same symptoms as the rest of the women that had removals.If your insurance covers it you have to go. You have probably been told it’s not the mesh so many times ,even you believe it. When you set up an appt. it takes a long time to get in. The first appointment is to check and see where it is at. My experience was once found it takes another 3 months to get an appointment for the actual surgery. It is overwhelming. No one is going to take care of you but you. Place the call to the doctor and see what appointment look like. To save money I flew in and back the same day for the first appointment. Like I said it gave me time to save for my ticket. Doctor beware. You want to use one that has results as evidenced by women saying it on this sight. Truly, I am alive today because the women on this sight guided me. Be careful with the pain meds and see if there are alternatives. Oxy addiction will give you an additional major problem. I used botox injections in my rectum and lower back for 10 months. You have to go under to get them, but those saved my life too. I was very careful about the pain meds because those destroy lives in a different way. Oxycotin is a synthetic , simliar to heroin. When they quit prescribing you have a serious problem to cope with. I am sure some of the nurses on this site can give you more info. I was also on antibiotics for a full year. Not ideal but it kept the infection at bay. When those infections are full blown, it kicks your – – -. Call for an appointment.As hard as it is you have to gather the strength to do it. The women here know, you are tired, want to run from it, sometimes a permanent escape seems to be the only option but please let the specialist look at you before you contemplate giving up. You are not alone. Use the women on the site. Many of us have been where you are. Suicidal thoughts are part of mesh. There is nothing manageable about mesh. it is all a battle but I found getting it removed improved the situation. My husband and I laughed when I was in Calif to see RAZ, we came across a t-shirt that said “I pooped today” Sad to say that was exciting in our house because the mesh screwed me up so bad, I could’nt go. Large doses of milk of magnesia were needed every day. Since removal I don’t need it every day. Fight on, I can’t lie, it is really hard but I have seen and been part of things post surgery that I am glad for. I also spoke honestly with my husband about those horrible thoughts. Getting it out helps. Call the surgeon.

    • Disgusted says:

      Everyone has a different story, to a point. I was told the arms could not come out, they were in no mans land. Dr. Raz got them out. Risk of bleeding, yes. But no life and so much pain, worth the risk of death. It helped to get them out, but nerve damage is still ongoing. Botox can help (if the mesh is gone), but has it’s own set of issues that it causes. When pain is so bad that it requires that much oxycodone, nerves are involved. We are in desperate circumstances, caused by depravity and greed. Training needs to be conducted by qualified surgeons to help the walking wounded, there are not enough doctors to handle the fallout. No back up plan if something goes wrong and the judge has to think about it. We live in a time where responsibility for ones actions is excused away. Truth is denied. Covering their own butts is more important than caring about the harm that has been caused. To continue in light of the extreme damages we are seeing is criminal. Reasoning it away, ie. it’s the doctor not the product, just perpetuates the torture. The lack of understanding of anatomy, specifically the pelvic floor and it’s function is dereliction of due diligence. I say again, jail time is warranted. That these products are still on the market is outrageous. There are no safe guards because they are policing themselves.

  29. Bejah says:

    I am so happy to read finally after so long….there is talk of action! Thank you GOD. I want to be a part of this also but I am in Southern CA. Also we must be careful of infiltrators (evil doers!). Make sure the people you give your contact information to, talk to are legit. It may be best to ask Jane. She will probably be able to tell you if someone is known to her or not. Anyone can leave a message here and I do not remember if Jane asks for basic information to confirm who we are and what our intentions are. Be very careful. Linda is it your husband who is the artist? Can he do a design that would work for a t-shirt (the larger the order the lower the cost per shirt). We would need someone to take on the job of receiving the funding for t-shirts. I would order one especially if I liked the art work. What about color, logo, wording, baseball caps. P-L-E-A-S-E keep up the momentum. Should we not have support groups in each city where we could gather in living rooms every week or two for group therapy and refreshments? Wouldn’t that be wonderful? I can not do that because I live out in the country but many of you can and then you can share with the rest of us. It is so that there is strength in numbers, that the defendants do not want us to organize. I think that if the saw that we were, and if we started attending the trials, etc. that would motivate them to settle and close the door (in the corporate mind view) on this issue. I think we should protest outside of their facilities, outside of the courthouse, etc. Who is it that tells us not to do this. Is this person, with all due respect one of us really? Do we know this person? Do not let one person sway your opinion or decision especially if that person is relatively unknown to you. I admit I have come to be a bit paranoid but sometimes it is justified. Anyway I am so happy to hear you all talking about this…a call to action. When we receive settlements perhaps we can direct some of the funds toward the efforts we speak of now. These corporations have been doing this to other human beings for decades with thousands of products they invent to make money. They would not develop their products if they were not confident they were going to make money. They do not invent them to help humanity. They are probably putting their failed and discredited mesh in women in Africa now. Yes, GOD help us but the FATHER helps those who help themselves. Count me in to the extent I can help. You can reach me by contacting Jane. She has my phone, etc. GOD Bless You All.

  30. Bejah says:

    Linda, Wonderful ideas. I will order buttons, amt will depend on cost. One could get a few and give them to others, friends, staff in doctors offices maybe, family members. Whenever I talk to other women, or encounter them when traveling or in town I always tell them about this issue. When I begin I can tell they think I may be a little odd but then inevitably their countenance changes and they come to be engaged, outraged and very interested. They in turn will hopefully tell others…I think so, and there will be dialogs seeding dialogs. This is something else we can do that is very simple, very basic. Linda I was happy to see that you specifically mentioned funding Jane’s travel. We talk about wanting her to attend trials, to meet us there or at other events but we sometimes forget that it takes money for her to be able to do these things. We must support her as she supports us. Would it be good to have women submit drawings…ideas for a logo and t-shirt imagry and words…logo on one side and words on the other…the drawings could be scanned in and sent to a contact person by email and…..(then what?). Anyway I want to play! Buttons, t-shirts, jammies…bring it on. I think I will pass on the 5K run/walk. 🙂

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