Mesh Medical Device News Desk, March 8, 2017~ With nearly 100,000 lawsuits filled in one federal court in West Virginia by women who claim injuries from pelvic mesh, there are some women who are Pro Se, that is going it alone without an attorney.
They are all dangerously close to having their cases dismissed against C.R. Bard for being no-shows.
So where is Melody Mullins?
Melody E. Mullins, from Madison County, Ohio, is one of several plaintiffs in pelvic mesh litigation who is proceeding Pro Se, that is, for whatever reason they are proceeding in the court without the help of an attorney.
(Mullins is not the lead Plaintiff in the current case naming Ethicon that has been continued.)
Here is a list of Pro Se Plaintiffs Before Judge Goodwin in the cases naming manufacturer C.R. Bard.
In her Complaint, (Mullins, Melody Complaint) filed in District Court in the Southern District of WV, Case No. 2:13-30667, she names C.R. Bard and Sofradim, a French company that partners with Covidien to manufacture mesh implants.
She claims she was injured from a Uretex TO3 Transobturator Urethral Support System implanted at Ohio State University Hospital in Columbus by Dr. Jason Gilleran on October 6, 2006.
Mullins’ case was filed in the federal court in WV on June 5, 2013 by Doug Kreis of the Aylstock law firm of Pensalcola, Florida. There is no husband named.
Now Mullins is dangerously close to having her case dismissed. She and eight other women have been fined $1,000 for failing to appear at a January 11, 2017 mandatory settlement conference.
In sanctioning the group, Judge Goodwin writes of, “The need to deter this sort of noncompliance.”
He is referring to a failure to engage in good faith negotiations with the Defendants.
“While I am cognizant of the difficulties that are presented by a plaintiff not being represented by counsel, those difficulties do not excuse the plaintiff herself from her obligation to pursue her case actively,” Judge Goodwin writes in his response February 13, 2017.
While Pro Se litigants are entitled to some deference from the courts they are also subject to the time requirements for effective judicial administration.
Covidien defendants have “expended substantial resources on motions, lawyers, travel and time spent attempting to reach the plaintiff unsuccessfully,” Judge Goodwin writes in the template letter to each Pro Se litigant dated February 13, 2017.
Where are Melody Mullins and the other 8 Pro Se litigants?
On June 9, 2015, lawyers from the Aylstock firm – Kreis, Bryan Aylstock and Renee Baggett- motioned to withdraw from the case because they couldn’t find their client Mullins.
Melody E. Mullins, of 285 Bowman Court, Apt. A, London, Ohio 43140 did not respond to telephone calls, voice mails, electronic or certified mail.
A letter dated February 22, 2016, was not deliverable.
Kreis then sent certified mail to another address which he submitted to the court March 9, 2016. It was sent to a new address on March 25, 2016 and signed for by a Shamea (?) Mitchell at 1255 Minnesota Ave., Columbus, OH 43211.
The two-story, 2 bed, one bath, 1,166 square foot home, built in 1925, is listed at a value of $56,000, according to Zillow.
According to Ohio Resident Database, a Melody E. Mitchell, age 37 born August 4, 1979, lives at that address.
A Debbie J. Mullins age 62, lives down the street.
Attorney Doug Kreis can’t comment on Mullins but tells MND there are a number of possible factors.
“Significant life or family matters and stressors that arise which – at the time- take precedence over personal legal claims; private nature of the injuries that, when put to the task of memorializing the pain and suffering, weigh on patients emotionally causing a flight response; unrelated serious health issues and illnesses; or any number of other issues.“
He adds that an overwhelming number of the Aylstock clients have been strong throughout the process and have shown incredible courage, fortitude and perseverance.
MOTIONS TO DISMISS
On February 13, 2017, Judge Goodwin granted a Sofradim (Mullins, Judge Goodwin grants) motion to dismiss the Mullins case after she didn’t show up for the January 11, 2017 mandatory settlement conference.
Mullins and the eight others have 30 days to respond to the court with the $1,000 payment or their cases will be dismissed with prejudice.
They will not be able to refile their cases and they will not be on the receiving end of any settlement dollars.
OTHER MISSING WOMEN
There are eight other women missing from Bard litigation and facing having their cases dismissed. They are all without husbands.
Six of the eight have the Pelvisoft, Pelvicol or Pelvilace composite mesh.
Maureen K. Buckley 2:14-cv-01398- Last Known address Sagertown, PA- Buckley, Maureen Complaint
Mary Margaret Golding, 2:14-cv-09621- Last known address Drexel Hills, PA – Golding, Mary Mgt Complaint
Carrie Hau, 2:13-cv-30509- Last known address North Olmstead, Ohio – Hau, Carrie A Complaint
Paula Lupia, 2:12-cv-00090- Last known address Montague, CA – Lupia, Paula Complaint
Julia A. Oliver, 2:13-cv-30668- Last known address Bonaire, Georgia – Oliver, Julia Complaint
Kristina Ann Riddle, 2:13-cv-32233- Last known address Anderson, Indiana – Riddle, Kristina Ann Complaint
Lydia E. Torne, 2:14-cv-03106- Last known address Gilberts, Illinois –Torne, Lylia Complaint
Tawana Waites, 2:14-cv-09326-Last known address Anniston, Alabama – Waites, Tawana Complaint
Melody Mullins Complaint – Mullins Melody Complaint – Last know address- Columbus, Ohio