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Mesh Settlements and Pudendal Neuralgia

Pudendal Nerve, YouTube

Pudendal Nerve, YouTube

Mesh Medical Device News Desk, August 21, 2016 ~ Mesh Settlements- Will You Say Yes?

You may recall earlier this year, Johnson & Johnson made an offer to settle up to 3,000 lawsuits filed by women who claim injuries from the company’s pelvic mesh.  The $120 million settlement would result in an average amount of $40,000 to 60,000 per case with some women receiving much more and some much less.  More on the settlement’s announcement last January in a background story on Mesh News Desk here.
While some settlements may be in the works, it raises an important question for the injured. Will you take yours? That is a question a woman diagnosed with pudendal neuralgia especially should ask.

What is pudendal neuralgia?   It is a chronic and painful nerve condition of the pelvis.  Please read more in this excellent article written by a nurse for Mesh News Desk here.

Dr. Greg Vigna, MD, JD

Dr. Greg Vigna, MD, JD

As for things to consider at this juncture, the following is written by Dr. Greg Vigna, JD and MD and is not sponsored copy.

 

The Debacle Continues:  Pudendal Neuralgia Victims Caught In A Bind?

As the Mesh Debacle continues the roll of the appointed Special Masters is in focus.  Both Federal and State Courts appoint a ‘special master’, to oversee the settlement administration to ensure that claims are handled fairly and efficiently within the framework of the negotiated settlements.

Because Settlements are confidential it is impossible to understand how the Special Masters of the various Settlements are handling the ‘Linda Gross Injury’ or reliably ‘diagnosed pudendal neuralgia.’  This fact is not fair for those with the most catastrophic injury of the transvaginal mesh.

Individual litigation provides the power of mediation where two parties weigh risk versus benefits of accepting or rejecting offers of compromise where there are well defined monitory damages for future care, past medical expenses, and wage loss that can be presented but the possibility of punitive damages are weighed by the parties.

Pudendal nerve from youtube 300There are too many questions for those with diagnosed pudendal neuralgia:

  • Can mere medical records provide the evidentiary support for adequate compensation for those suffering with pudendal neuralgia and  Complex Regional Pain Syndrome? 
  • Is the determination from the Special Master Binding for those with Pudendal Neuralgia? 
  • Will there be an attorney available to proceed further after a non-binding Special Master determination is rejected by a victim suffering from pudendal neuralgia?

 

Fortunately, for those who have a reliably diagnosed pudendal neuralgia with the resources to go the distance there are attorneys stepping up for those

Transobturator mesh, from Scottish Pelvic Floor Network

Transobturator mesh, from Scottish Pelvic Floor Network

who are most injured from the TVT-O devices and Pelvic Organ Prolapse devices from AMS, Boston Scientific, and JNJ that are willing to roll on with the Settlement Lien for those with pudendal nerve injury, which are believed to be excluded from the Matrix Settlements to date.

 

LEARN MORE:

Pudendal Neuralgia ~ 

http://tvm.lifecare123.com/pudendal-neuralgia-treatment-before-and-after-the-mesh-debacle_9000.html

 

http://tvm.lifecare123.com/seek-a-rational-comprehensive-treatment-for-your-mesh-related-pain_8995.html

 

http://tvm.lifecare123.com/pudendal-neuralgia-vs-myofascial-pelvic-pain-syndrome-mpps-vs-both_8770.html

 

http://www.prnewswire.com/news-releases/vaginal-mesh-implants—can-women-wear-tight-pants-204711421.html

 

https://tvm.lifecare123.com/pudendal-neuralgia-before-and-after-the-mesh-debacle_9001.html

 

https://www.meshmedicaldevicenewsdesk.com/pudendal-neuralgia-and-pelvic-mesh-serious-injury-serious-decisions/

 

18 Comments

  1. Maria says:

    Advertisement? The trials were to start resuming August 12th is there an update about that please?

    • Jane Akre says:

      Maria- Calm ….This is not an advertisement. I take no money for it. It is an option for those who have diagnosed PN and want to pursue that.

      • Maria says:

        I have all of this and have been suffering off the charts since 2007. I am getting my pain pump because of the pain that will not let go of me without drugs that have ruined my digestive system and given me severe kidney stones. I recommend a pain pump to anyone that has the pain described in the article. I had a very sucessful trial several weeks ago but unlike full body Lidocaine infusion, I did not have any side effects. For eight hours my pain was reduced to a two in level. I only wanted to know why Trial start dates are posted and the dates come and go without a status update. Did the can get kicked again?

  2. Mary Pat says:

    Jane – bless you and thank you for your dilligence in helping the PN (pudendal neuralgia) sufferers. It is the most god-awful affliction and people need education and understanding. I follow PN blogs and the people posting are living with excruciating, tortuous pain that is disabling and isolating. The special masters and attorneys involved CANNOT disregard this serious condition. Thank you for bringing that fact to the forefront. Living with the pain is bad enough. Adding to the suffering is the lack of recognition from the medical community (because they were not taught how to diagnose and treat PN) . I live in a large city with great medical care but NO doctors who can diagnose PN. Most PN patients have to travel long distances to see a doctor who is knowledgable about PN. Many of the PN patients are suicidal simply because they cannot live with the pain and the restrictions it imposes on their quality of life. Sadly, many commit suicide. There are no drugs that treat the pain. Some get mild relief but then have to suffer the side effects of the drugs. Not being able to sit is a terrible disability that is relatively unknown in our society. Not being able to sit is exhausting and isolating. I would like the SM (special master) to go for a week without sitting. Lets have the SM go to a funeral and stand in the back while ushers and gentlemen repeatedly offer him/her a seat. Make the SM have to tell these kind folks over and again “no thank you, I am injured so I must stand”. Then the SM can stand all day at his/her computer and try to do his job. Next the SM can go to restaurants with family and friends and stand at his/her place iat the table. Let the SM see how humiliating and isolated he/she will feel from not being able to hear a word of the conversation. Let the SM look around the restaurant and see all the people gawking at him/her as he awkwardly stands there until his food arrives. Then put a pine cone wrapped in barbwire on his chair so he can sit on it while he eats his food. Let the SM see the painful terrifed looks on the faces of his loved ones as they observe the sad reality of their loved ones disabling, painful condition. Oh, I almost forgot, lets have the SM try to have sex with electrical barbs shooting pain all over his pelvis. I believe the SM just might realize that people suffering with PN will need serious help and support. I hope and pray that the special masters read this post.

  3. k says:

    Why do people get so upset about advertisement on this website. She simply gives us options. We have to do our own research and decide if is a good option for us. She can advertise what she wants it is her website and people shouldn’t visit this site if they don’t trust Jane or think she is not doing right by mesh patients. I highly doubt Jane is getting rich off this website and has probably spent more of her own money if anything. Thank you for the information, Jane.

    • Kitty says:

      Hear hear……

    • GV says:

      Correction: Bard should have been included.

      GV

    • Maria says:

      Is a pain pump not an option for you? There were five stages of treatment at pain management. With a pain pump being the final stage which eliminates daily oral pain meds and all the horrible side effects that ruin your day to day. The ones I have been on are very addictive and harmful over a long period. Yes the five year replacement surgeries and the monthly or bi-monthly refills are a drag. Having a metal object pertruding from your abdomen under the skin stinks too. But, the relief I felt during the trial was so intense that all the emotions I had bottled just busted loose in thankfulness to God for this miracle relief. Hopefully in a few weeks when I get my pump I keep getting that relief all the rest of my days.

  4. Kitty says:

    Are the meds in the pump addictive? Do they get into your system?

  5. Deb says:

    What ever happen to the J&J settlement? Did they settle? Never hear about anything happening any more.

    • Kitty says:

      No one wants to jeopardize their case. Also off the subject…. I just saw that AD by CDC…the ugly scarey wolf holding a baby and warning parent to get babies vaccinated for whooping cough as grand parents spread it. What propaganda to Insult seniors. Who would do anythi.g like that?

  6. WRONGED says:

    Why are the ones who go to court are awarded MILLIONS!!!, & the rest of the us are awarded PEANUTS!!! It should be the SAME AMOUNT across the board!!!

    • The large jury judgments look great until you do the math. Say you go t trial and get $2million dollars, $250,000 in actual damages, 1.75million in punitive damages. Your attorney takes his 40% off the top, which is $800,000. Leaving $1.2 million for you. However, they will take 25% of the money and hold it to pay any liens from imsurance companies,doctors,hospitals, so that is $500,000 out of YOUR part of the money. You may get some of it back, so lets say you get half, which would be $250,000. However, taking a trial to jury is expensive, extimated to be about $300,000 for your case costs. Your attorney gets this money for work on your case,filings, travel and time for depositions. , Once again,that is taking from YOUR money. So now, you have $650,000, but you have to pay income tax on punitive money, which is a tax on the awarded punitive damages of $1.75M. Probably be taxed at 40%, so that is another hunk that actually puts you in the red. And now,you have to go through endless appeals from the device maker and eat up any reserves. On the other hand, if you get $1,000,000 settlement, your attorney gets $400,000, your lien payment will be say $125,000, case costs about $50,000′ and you dont have to pay any income tax on settlement amounts , so you end up with$425, 000, but you do have to pay a percent into the common MDL fund, and I cant remember exactly the %, but say 10% so there goes another $42, 500, so bye bye money again, leaving you with about $ 382,000. If you settle, you get your money usually within the year, trial judgmenets can be appealed for years.

      Im sure there are more sophisticated ways of figuring out this money issue. Your attorney may decided to take less if you are in the red, you could probably pay less than 40% income tax with a good attorney,but this is a simple estimations of potential awards and payouts. Your attorney will be aware of these numbers and makeca recommendation to you based on the bottom line. Just something to think about as you plan your course of action.

      • Jane Akre says:

        Sounds about right…… it will never be fair. If you are getting any federal or state subsidies, you may need a special needs trust so that monthly check you get is not diminished further.

        • WRONGED says:

          TRY $82k THATS IT THEY HAVE A SCALE THEY USE

          • Every defendant at this point negotiates settlement with the plaintiff attorneys. If you received an offer of $82,000 was that for product in place, no surgery or medical management or was that for one surgery or more? Transvaginal mesh for prolapse generally is getting more than TVT. But settlements may vary among law firms, even with women who might have similar injuries, so one firm may negotiate $100,000 for POP mesh, 1 surgery, while another firm has slightly different amounts with the same company. The tiers may be in the same range, but different. I know there is a wide difference in settlement amounts between the defendant companies. AMS appears to be on the low end, but others have settled for significantly more money. It would really be hard to just award a set amount to all women, regardless of their injuries. Those with fewer medical complications and surgeries have probably not had as high an out of pocket cost or as many life changing events as women who have multiple surgeries and ongoing medical crises. So, if everyone got the same amount, those who have spent less out of pocket would actually net out more than women who have had many surgeries and procedures and life changing repercussions such as job loss, etc. it is just a very complex litigation, one where most women, including me, will never be the same and no amount of money on earth appears to be fair. However, getting a settlement check does not magically make the pain go away. We have to intentionally work
            every day to create a life with meaning in spite of it all.

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