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Mostyn Law Urges FDA Pursue Criminal Investigation into Boston Scientific Counterfeit Chinese Mesh

marlex ppMesh News Desk, April 12, 2016- The Houston firm says allowing Boston Sci to test its own allegedly counterfeit mesh to see if it is different is irrelevant to criminal trafficking.

The Mostyn law firm, that uncovered an alleged scheme to import counterfeit plastic resin smuggled in from China, is now blasting the FDA for its lackluster response in pursing a criminal investigation.

Discovery in the ongoing pelvic mesh litigation showed Boston Scientific (BSC) allegedly sourced polypropylene resin, used to make pelvic mesh implants, from a known Chinese smuggler and BSC looked the other way when lot numbers didn’t match.

The Houston-based firm filed a class action lawsuit (Teresa Stevens v. Boston Scientific, Case no. 2:16-cv-00265)  in Charleston, WV, on behalf of the women allegedly implanted with the mesh made from the Chinese resin, shown to contain high levels of the mineral selenium.

In response, the FDA in an April 1 safety alert, said it would allow Boston Scientific to conduct its own investigation see if the mesh is the equivalent to other pelvic meshes made by Boston Scientific used to treat incontinence and pelvic organ prolapse. See FDA story here.

Steve and Amber Mostyn

Steve and Amber Mostyn

In a strongly-worded letter today, Amber Mostyn blasted FDA commissioner Dr. Robert Califf and Health and Human Services Secretary Sylvia Mathews Burwell asking if equivalence of the product would be a defense to trafficking in counterfeit material?

She says the equivalence of the end product is irrelevant.

“The FDA‘s investigation should not be into the quality of the raw material, but rather the source of the raw material. Allowing the defense of equivalence undermines the public policy positions articulated in the very statutes Congress passed to prevent this type of criminal conduct.”

Waiting months to determine if the end mesh is equivalent does nothing to address the question of counterfeit conduct, a criminal violation of the Trademark Counterfeiting Act, 18 U.S. C. 2320, the letter says.  It defines counterfeiting as trafficking in goods and services using a counterfeit mark, documentation or packaging that is false or a counterfeit mark used to “cause confusion, to cause mistake or to deceive,” and then traffic in those goods or services knowing they could cause harm.

The letter calls for the mesh product to be immediately recalled if the company violated federal counterfeit laws and Mostyn urges the FDA to immediately work with the Department of Justice for guidance.

Criminal penalties can range from 20 years in prison for serious bodily injury to $15 million fine for an organization. The penalties for dealing in counterfeit products are outlined in the Food and Drug Administration Safety and Innovation Act of 2012. The government has to prove the company has an awareness or firm believe that the mark used was counterfeit.

bs logo“Knowledge can also be proved with evidence that the defendant acted with willful blindness, conscious avoidance, or deliberate ignorance, which means the defendant ‘deliberately closed his eyes to whatever otherwise would have been obvious to him concerning the fact in question.”~Prosecuting Intellectual Property Crimes, 2013 

BSC previously sourced its polypropylene (PP) resin from Phillips Sumika, the petroleum company that supplied raw polypropylene resin from LaPorte Texas. It has since shut down all U.S. operations and moved to Saudi Arabia. Marlex is the trade name for the BSC mesh made from this PP resin.

On January 12, 2016, West Virginia resident Teresa Stevens filed a class action lawsuit alleging Racketeer Influenced and Corrupt Organizations Act (RICO) and filed a motion asking Judge Goodwin to stop the sale of Boston Scientific pelvic mesh.  Judge Goodwin denied the motion and requested the FDA to look at the issue.  See background story here. A citizen petition was filed the day the FDA issued its safety alert.

Yimao plastic molding, Guangdong Province China

Yimao plastic molding,
Guangdong Province China, where BSC bought resin

Evidence uncovered lays out a prima facia case of counterfeiting including:

*BSC lacked normal documentation that would accompany raw material

*BSC did not have import documentation for the raw PP resin to show it was originally imported to China

*Internal BSC documents list two different raw material suppliers in China

*BSC knew the companies counterfeited material yet it purchased the product from EMAI Plastic Raw Material

*The purchase price was unusually low compared to the current market price

*BSC split up the supplies and send them to different ports

*Their original supplier, Phillips had alerted BSC the lot numbers on the bags of raw material was invalid.

*Another division of BSC had rejected the plastic resin from the same distributor because the lot number was invalid and alerted all divisions of BSC.bag with wrong trademark

 

The Marlex bags said the polypropylene raw material came from La Porte but ended up being imported from China.mullally

“How did all of this resin end up in China if it was made in Texas?” says an email from BSC’s import/export coordinator Robert Mullally (click on image at lower right).

The red circles indicate copies of trademarks registered in the US Patent and Trademark Office for companies such as Phillips Sumika, but the lot number was invalid (see image on left) and BSC had confirmed that fact, something Mostyn calls “direct evidence of trafficking in counterfeit goods by BSC.”

Trademarks are also important to the International Origination for Standardization (ISO) (here) which assures products are safe, reliable and consistent in their production.

The FDA should on its own contact the Department of Justice for guidance on the alleged criminal behavior, the firm asks.

Boston Scientific is facing 20,790 product liability lawsuits consolidated in multidistrict litigation in Charleston, WV.  #

LEARN MORE:

April 12, Letter to FDA
STEVENS FINAL LETTER TO FDA (1)

Prosecuting Intellectual Property Crimes (here)

FDA Notice, April 1, 2016
http://www.fda.gov/Safety/MedWatch/SafetyInformation/SafetyAlertsforHumanMedicalProducts/ucm493784.htm?source=govdelivery&utm_medium=email&utm_source=govdelivery

Mostyn Law Court Documents, Citizen Petition
https://vaginalmeshclassaction.com/exhibits/

Mesh News Desk, Jan. 15, 2016 – RICO Suit Accused Boston Scientific of Fraud in Smuggling Defective Pelvic Mesh from China
https://www.meshmedicaldevicenewsdesk.com/class-action-lawsuit-accuses-boston-scientific-of-obtaining-defective-mesh-from-china/

RICO Complaint Jan 12, 2016
https://s3.amazonaws.com/static.mostynlaw.com/wp-content/uploads/sites/4/2016/01/RICO-Complaint.pdf

66 Comments

  1. Mary Pat says:

    This us criminal. The FDA should be investigated by DOJ for the way they are handling this. This discovery is huge and it cannot be swept under the rug!! If we have to start a letter writing campaign to DOJ or protest we will. This time it will NOT be swept under the rug.

  2. Vickie says:

    So does anyone know what took place with judge Goodwin and each of the defendants espically Boston scientific last week?

    • Jane Akre says:

      Yes the meetings were completed on the 6th. I have to find out what happened but it was just a status hearing where they tell the judge things are moving along.. He isn’t stupid.

  3. K says:

    Like Boston Scientific is going to say the resin is toxic FDA and we shouldn’t have purchased it. America wake up your FDA is corrupt!!!

  4. Anon says:

    Why is it so hard to find out what happened at a status hearing? As always- nobody’s gives enough I found.

  5. Nameless says:

    The information about Boston Scientific purchasing raw resin from China outside of already speculative oversight by US regulators is another layer to this “Medicine goes Frankenstein” story. I’m assuming that Mostyn Law firm feels very secure in their evidence against Boston Sci. And would not be willing to jeopardize their credibility. Can we, or do we, have a chance at getting more information about this raw unregulated potentially health damaging resin. Specifically, there may be a number of “patients” who had implants
    with Boston Sci product or other manufacturer product vended illegally. The question I am asking is not academic in nature. If in fact, the raw resin was introduced into the chain of implants there is a good chance some of us has it. Can we start with the dates suspected implantation may have occurred? Duration? Etc. I know this has to be handled step by step, however, every day my body is challenged and every week/month I am more crippled. If I could provide evidence that supported my mesh as highly likely contraband mesh, I would stand a better chance of getting it removed. Boston Sci made my mesh. I need to know if they distributed to the facility that did my surgery. This is obviously a lot to ask given the early stage of discovery. But I think each of us needs to know what the chances are that it is in us. This could be among the causes for a significant difference between having auto immune issues or not. Having intense pain or not. Becoming crippled or not. Do we just stand by and let this corrupt gaggle of geese hide or determine whether we get to identify (or not) why some of us get so sick. If they did what is alleged, they are tentatively guilty of poisoning us. We are so caught in the now. Quite a few are looking at long term assisted living. Currently, that can cost $4,000 a month or more. The company that passed this stuff off needs not only criminal but fiduciary responsibility. If I can’t pay for care. Or no family to do the assisting – there is no safety net. Only nursing homes – if you can get a bed. This is too important to not press foreword for individual information – who of us was implanted with contraband?

    • Jane Akre says:

      The dates of the alleged smuggling are in the previous story. Look at the Learn More and look at the exhibits. That is some of the evidence in the case There does not seem to be any explanation to the events uncovered other than what the law firm alleges.

  6. jan says:

    This us one of the meshes I have by Boston scientific and I also have the Orybtrx. .well 2 years ago was the 2nd removel..I am now going to be going I for the third. Getting very scared this time because of the location and the closeness to the bladder and kidneys they will open me..I am the only parent for my daughter She is in college but I am still her only parent.this is not the the last surgery if it goes well..
    Why did Boston scientific do this . We are messed up the rest of our lives.and they r still not wanting to settle. That is what my attorneys have told me on Friday last week they told me it could be another 7 8,10 years..they have taken everything from me. And now I guess they want my life

  7. Rhonda says:

    How much of this goes back to big company money and the avenues they take to make it? I can not express my true feelings here, but rest assured they are red hot. If a contractor uses inferior materials they are held accountable if caught. So many women hurt and the fact most of these companies continue to use the system that should protect us while they try to find a way to blame anyone but them is just wrong. Wonder if lawyers and executives ever worry about the true judgement day?

  8. lily says:

    Thanks you Jane for every thing you do to keep us up to date,I had surgery in 2008 and 2009 both were BS I had revision surgery he could not remove the mesh it’s to deep and the sling has pulled my urethra down so tight and it’s like I have to stand for my urine to drain out ,I have rectal problems, the mesh trying to break through and I feel the bad pain in left side of my vaginal ,I am very sick ,I am a different person who has been harmed by the Doctor and the company, I had a good life before I had this surgery, I had no ideal the Dr was going to plant anything in me ,day one was horrific and every day after I couldn’t believe what had happened to me I made so many visits back to the Dr he 6 mo. He tried to take the mesh out but could not then they put the sling in !!I had a reaction to it, a huge boil came out on my abdomen I was on antibiotics for wks. I run a fever everyday ,I am about to give up hope of feeling well again my age is against me now I’m 74 ,my family can’t believe how my life has changed so much since the surgery I thought was going to be so simple and a minor one turned out to be the most horrible thing I ever had done to me,I had been cut from one side of my body all around to the back to donate a kidney and I was in pain, but the mesh put inside of a woman is so horrible there is no way to explain the pain and suffering! !!! the company has no heart or they would settle these cases,so we can get the help we deserve and try to go on,as for me I don’t think I will be here much longer, I pray for every one that’s suffering, may God bless you and I pray that you will receive a fair reward soon!!!♡♡♡♡♡

  9. jan says:

    Sad part of some of this is Boston Scientific seems to be getting by with what ever they want.. they have no trials on docket in Goodwins court for thus year. But yet they are not settling any cases
    So why is this it pushes it back a hole year of nothing getting close of a resolution to end this journey of a bad nightmare fir us women
    But I am sitting close to 9 years and we are not close to anything. .and it pushes us deeper in depression and medical bills fianial down fall
    But these CEOS get to eat and not from a food bank..and live in there nice homes and enjoy there money that has destroyed us..
    This just shows how the legal system works for those who have money. . And could care less about us little people because of there selfishness and greed for money

  10. jan says:

    I also agree the FDA needs to be investigated also. .there is something so wrong with all of this.. who is getting pays offs to hide are to keep there mouths shut.. there needs to be an end to all of this and if this is so true Boston scientific should be ordered to pay big time to us and legal fees and they need prison time

    • Jane Akre says:

      Question if you have Boston Scientific mesh- has your law firm pursued this angle and added the complaint to your harm if you were implanted after 2011?

      • Jan says:

        Had my surgery In 2006
        My attorneys office never phones me r updates me ,I have to phone there office to update them and ask questions. .I have never heard from them at all to ck on me r update me..
        Sad and they r getting 40%..
        I do not know of anything they have filed for my case the Int’l filing has been the only thing from me phoning the court house in west Virginia and cking on my case

        • Jane Akre says:

          who is your law firm? Did you look on the MDL web page…. Go to so district of WV on google,,, then click on your manufacturer. Upper small print, click on numerical list of cases. Upper right hand put in plaintiff and search for your name. If you are filed there it should come up.

          • Jan says:

            Boston Scientific they gave no pending trials in Goodwin’s court..
            Apparently through the grapevine has stated they are setting. .through the vine again heard they are not settling. .then also heard that even if they do it will take up to 3 yrs to do so..
            When asking my attorneys office questions they stated they’re moving to trials because they will not negotiate settlements. Boston scientific filed a cancellation with the courts. .. so why is this happening this whole year there will be no progress ….I really believe they want us to go away..and if they hold off more we will all be dead… the justice system really is not working.

          • Jane Akre says:

            Boston met with Judge Goodwin, they got the work done on the 6th I’m told.

          • Jan says:

            Ms. Jane
            On the mdl 2326 site
            I looked also on filing
            Boston scientific filed a cancelation for the briefing that was set on that day..
            So. Did they cancel are did they have meetings of the minds
            Do you know of anything good coming from the meeting if it happened

          • Jane Akre says:

            April 7 was cancelled because the work was done on the 6th.

          • Jan says:

            So it pushes it back another month r two maybe longer

          • Jan says:

            Sorry read it wrong should had my glasses on..
            So was it a good meeting of the minds

          • Vickie says:

            Do you know what if anything was agreed on or what took place during the meetings?

          • Jane Akre says:

            I will update the story on Pelvic Mesh trials…

          • Jan says:

            Jane,
            I go back in to the doctor on May 12th. He will go over the ultrasound with me and tell me how he will do the surgery.
            Ultrasound did show more mesh on both sides of bladder. He was going to go for anchors but now that surgery has to be on the back..
            What’s so sad is these manufacturers are making us suffer for there wrong doings. .we have the medical issues we have the bills. We are losing everything we have worked to get.. and these people just sit on there thrones doing what ever they want
            This is so not fair…we should not have to be paying our own medical ..and some of these women only received a few dollars. ..WOW where is our justice?
            I am 8 years into this and we are still know where on anything to settle

          • Jan says:

            Yes I have been filed in Houston, texas first
            Then they transferred to west Virginia in 12
            I have been in for a total of 8 yrs
            It is filed in the MDL 2326

          • Kitty says:

            What does cancellation of status conference on april 6 2016 mean?

          • Jane Akre says:

            Nothing, it was not cancelled.

  11. Still Suffering says:

    The Idiom
    “The fox is “guarding the hen house” applies here.

    • John says:

      More like the fox was seen leaving the henhouse with a dead chicken in its mouth and then was told he would be responsible for investigating the break in and murder at the henhouse!

  12. Nameless says:

    In reading your responses Jane, you have been telling people to look on the MDL page. I haven’t any idea what that represents. Please clarify that. Thanks.

    • Jane Akre says:

      Gladly. Go to Google.
      put in so district of wv
      up will pop their web page.
      Click on your mesh manufacturer
      You will have some options in the small print including Orders, numeric list of cases…. click around. I see many court orders that way.

      • Jan says:

        Jane, I went on that Web there is nothing on Boston scientific
        There was also nothing regarding the meeting that just happened
        I do not understand what’s going on with Boston scientific

          • Jan says:

            Talked with my attorneys office this morning regarding this stuff on Boston scientific. .
            The woman I talked with stated she has not heard any of it
            Wow and this is scary they are suppose to work for us

          • Jane Akre says:

            Ask her to read….. allshe has to do is google Chinese mesh & boston scientific. or she can go to mesh news desk. Scary is right.

          • Nameless says:

            I can’t get anyone from my attorney’s office to return call. I a not on the MDL Boston Sci list.

          • Jane Akre says:

            Who is your attorney? That is inexcusable.

          • Nameless says:

            The law firm is Danziger & De Llano. They are in Texas. If I knew how to dump them, I would try to get Mostyn. Danziger seems to have a broad personal injury business. I regret not going with a firm that is truly focused on mesh injury. They contracted me then disappeared. I think some of these firms bundle cases and other firms carry the work. Like throwing out a net and catching fish. That’s just a thought I had. Whoever answers the phone sounds more like an answering service. I have a very specific question for them. Aside from trying to decide what to do about my body (and scared silly)not having the law firm respond just brings me down even further.

          • Jane Akre says:

            Here is the email for Paul Danziger
            paul@dandell.com

            and Rod DeLano
            rod@dandell.com

            Got these from the law firm website. You may have already tried this but if you tell them a reporter passed these emails onto you, perhaps their ears may perk up. You know?

          • Jan says:

            Out of Pensacola kriess

          • Jan says:

            Then I find out since there is no communication between attorney and client. That now we have no say so in settlements. It’s a matrix system I asked from day one regarding that with them ohhhhhh no we are individual cases and they treat it that way..every time I talk with them I ask because I gear and see things so I ask. Why should I be surprised attorneys get paid to lie it’s always been that way. They have their best interest at heart not ours..
            I will not even be able to invest some money to be able to make money to make it the rest of my life and to finish the rest of my health issues manufacturers have caused. This is so wrong for each and every one of us…but it was ok for the manufacturers to spend bill of dollars fighting something they should have never fought. I know our God is watching and I really believe that they will get it in the end.. so let them lay there heads down at night knowingwhat they have done to us thinking they have completed their wrongful acts.. but it’s not over God has the last word and I would rather be in my place with him than theirs answering to their wrong doing in this stuff. I do believe in judgment day

          • Nameless says:

            Can you give me a short version of wha the “matrix system” is? Thanks.

          • Jan says:

            It’s same as tir..after I asked the office about tir..oh no we do not do that..
            Sad to think your attorneys take you for 40%..they do not care They get there money
            And they come out on top

  13. Nameless says:

    Just a short note. I saw Dr. Blavais in NY. He is an old man that should have retired. I paid almost $500 in cash. Doesn’t take insurance and got nothing, I mean nothing for the money.

    • Jane Akre says:

      I’m sorry about your experience. He is well regarded and was an expert witness for the plaintiff in one case. He understands mesh complications very well.

      • Nameless says:

        I believe you. This is my experience. He examined me. Found a very tender spot. Took copies of all my paperwork. Told me he would get back to me…still waiting. I have to call his office. They took a disk that I need, not returned to me. He had four or five appts open the afternoon I met with him. Too much money for too little.

  14. Nameless says:

    Can some one tell me where to get an ultrasound. I feel really sick. Thanks.

  15. Bejah says:

    Hello everyone, A friend of mine is having prolapse problems and when at the doctor’s office was offered a meshed up solution. Ha! She remembered my warning her about mesh and declined the invitation to join our little “club”. This is how powerful we can be. We can save other women by warning them. It made me feel so good that I could help. She called me the other day saying that she has been offered a sort of rubber ring to shore up her bladder which is not permanent. She is concerned that she might risk infection as she has to remove and clean it periodically. She is w/o a computer for a couple of weeks so I did a cursory online check to see if I could find any reason why she should decline this “ring”. I could not find anything of concern. If any of you/us have used this “ring” and would have any advice for my friend please let me know. In doing some other research for her (Her son is brain damaged due to lead poisoning) I came across an interesting website that we may want to have a look at. Here is the info./link:

    Juris Pro Expert Witness Directory
    California Environmental & Science Expert Witness Listings
    888-905-4040
    info@jurispro.com

    Best wishes to all this Sunday. I am going out to plant 30 violet Irises that just arrived in the mail yesterday. Violet is so hard to find. It is my favorite color. I propose we adopt it as our community color! Love ya,

    Bejah

    • Jane Akre says:

      Bejah- I believe you are speaking of a pessary, which is a common first option. It may take a few different tries to ge the right fit. Check out the WholeWoman.com for information on improving prolapse symptoms.

      • Still standing says:

        Iris is one of my favorite flowers. Bejah, And will be glad to send you spme bulbs. i have ruffled iris, bearded iris, many hybrid ones. My favorite one is a purplse so dark it looks black,. I have miniature ones blooming now. Yes, a pessary can be used ,they have been used for hundreds of years. That is what I wanted when my prolapse got bad. However, she told me I would not like it and proposed the mesh. Now, though, once you have had mesh surgery, I dont think pessaries can be used because of the scar tissue involved. I tried one in the middle of all my surgeries. I could not use it. Very painful

  16. Nameless says:

    Danziger & De Llano. I wish I had gone with Mostyn. I just didn’t know enough when I signed that contract. I think these lawyers get people to sign up and then bundle the cases to another firm. I don’t think Danziger does mesh full time. I didn’t find my name on the MDL Boston Sci list. This is worrisome. I was told verbally my case was filed but received absolutely no other contact. I need to know if I’m filed or not.

    • Jane Akre says:

      Absolutely… that is outrageous. I see a few with your last name filed in Boston Sci MDL in Charleston. I’m assuming you have gone there…..I will send you the url privately.

      • Nameless says:

        Thank you Jane for taking the time to help me resolve this question. I inundated Danziger with phone calls and messages on their recruitment page at least six attempts. Someone finally phoned this morning. Here’s how my story goes – maybe it will be helpful for others. My case was transferred to Tracey & Fox. They are in negotiation with Boston Sci (and probably other manufacturers). They have not filed. They say they want to work out a settlement without the larger discovery into the Drs and and paperwork. I believe they are doing this with cases that have minimal complications and probably a minimal settlement $$$. I had two straightforward abdominal multi organ prolapses that took two major surgeries to implant twice. There were few complications (except, of course anaphylactic swelling of my lips, face, throat). Hardly worth noticing if you don’t believe mesh is a problem. So, the short of the long is it looks like they are playing it to keep the numbers down. Out of court. Not under the judges venue for disscussion other than a fate accomplished if it works.
        Yes, I have a case. No, it is not filed. Under discussion for settlement. Maybe a year or two??? Danziger & De Llano partnered up two or three wks ago. Too bad they didn’t tell me. I guess you would call this an out of court settlement. I’m bundled with others. I can’t help but think how many more, in terms of numbers, are not reflected in the larger number. For example: 1) out of court like me. 2) refuse to represent because not transvaginal 3) hernia sufferers 4) Victims too sick to advocate for themselves maybe have no one else 5) pts already dead from effects of mesh – Unknown dx. 6) learning disabled – have difficulty understanding or reading (like dyslexic). 7) hidden away in small towns where medical community controls flow of info. 8). Slowly surfacing international victims. So many more. 100,000 isn’t hardly enough. I looked at the previous years – you can just see the numbers rise. I think (they) are invested now in trying to keep the numbers from escalating publicly. I know some people have had trouble getting representation because their surgery was not done trans vaginally. I would recommend Tracey and Fox. 800-925-7216. I don’t know them all that well. However, the person that I spoke with tried to be helpful. Was not rushed. Did not rush me. Told me to call if I have any other questions. Her name was Tiffany. Clint Hill is their go to person in the firm for mesh. She said, he’s been doing this for five yrs. I hope this helps non transvaginal people get represented. There must be some tier or class for the non trans people. Yes. We didn’t have the extra clean contaiminated exposure but we do have the same garbage inside. The woman I spoke with didn’t seem to feel the non trans was an issue. She said she couldn’t tell how that would play out in negotiation. But, what the heh, one step at a time. Tracey and Danziger split 20/20. Every where we go – it’s keep us in the dark as long as possible. Pretty sad Danziger couldn’t wrote me a note informing me of case transfer. They will not be shy on pay day. At the head of the line. About the Dwyer name. I recently read that there are 650,000 currently Irish in Ireland. Three million Irish American descent. No. I don’t know the other three.

    • Still standing says:

      Jan, we’ve had this issue of settlement negotiation before on this site,but take a look at your contract. I imagine you signed over your rights to negotiation to the law firm that has your case. It would be impossible for them to negotiate each of these cases with each plaintiff sitting at the table. That is why it is important to be familiar with the terms of your contract. I do disagree that lawyers are paid to lie. You are not paying them anything up front. It would be counterproductive for them to take your case, then not pursue it if it has merit. That is the only way they will get paid.

      This is for nameless…some settlements have had a matrix system based on whether it is a POP repair or SUI and then the award amounts are based on these two categories plus the number of revision surgeries the woman has had. The more surgeries,the higher compensation. Not all are using this , but some have. Its certainly not across the board equal between manufacturers and even law firms.

      • Jan says:

        From my understanding with these women that have gad 5 /6 surgeries did not come out with anything the way they r explaining it
        Did not even cover work loses are compensation for medical are future medical

  17. Still Standing says:

    Nameless, have you had any explant surgeries due to mesh erosion, chronic pain, sexual dysfunction, bladder issues, etc.? Just confused that you said you had two implants with very few complications. While some settlements allow for product in place with no revisions, they are much smaller dollars than those who have had multiple revision surgeries with significant negative life impact. However, on the bright side, if your attorney is trying to settle before they file, it would certainly reduce your case costs. If you have had significant and permanent damage from the mesh, you should ask them to file your case as settlement amounts could potentially be higher. You need to ask your firm how settlement prior to case filing will impact your leverage for settlement compensation. You certainly have a right to know that and make that decision. However, the attorney may already know that your case would not make a strong trial argument for damages.

    • Nameless says:

      StillStanding, I have not as yet had revision surgery. I only just found out that what I had implanted in me was supposed to be permanent and too dangerous to take out. “Hoodwinked” I think is the inexplicable term. How in this day and age of tech could I have not understood both of the above. I totally trusted my doctors????????????. Ha! What a dummy I am. Soo empathic and caring. Facial expressions, body language, verbal reinforcers. They had it all. Plus both were/are affiliated with mega prestige medical ctrs. Both surgeries were implants. First for anterior ie., hysterectomy, Sacrocolpopexy, rectocele by urogyn. Surgery two was done by the director of colon and rectal .Rectopexy- slinging the rectum and attaching to the sacrum. I might have had revision but my trusted doc said here have some surgi scrub we use it in the OR. Clean real well and stop having UTIs. Did I question this – nooo. Because I’m a good pt. Times going by and pain is getting worse. Excuses excuses. You know why women are still going for these horrendous surgeries? Because they were/are like me. Believe every damn lie they are told. Have faith and trust. And the SOB’s take advantage of that. The surgeries were done over two yr period. I believe both docs even though located at different ctrs knew everything going on legally. Both thought they were choosing a way around the legal precedent by lapro and open abdominal. It’s like a game for them. Not many are suing them as of this time. They may be a little concerned but no ones going after their bacon or reputation – YET. I’ve lived with the auto immune – going to rheumatologists that prescribe stupid cream, physical therapy (for the spine). Even gives out a list of pt suggestions. Everybody wants to do pt. only I come away knowing its autoimmune and it’s the mesh. They play deaf, dumb, blind and stupid. I think the attorneys are doing it this way for a number of reasons. None of which they would openly discuss with me. I had a massive amount of adhesions from the first surgery. They had to slice me open like a melon. The fact that it was abdominal rather than trans makes for some legal issues. In some cases people have had difficulty getting an attorney to represent them. I guess I just have to trust them.????. I haven’t had any extrusions just awful pain like a bail being driven into my spine. It was this website that woke me up. Unfortunately, like a hammer on my head. With a lot of regret that it took so long. I think not filing is not so good. On the other hand, I know how difficult it has been for non trans people. The way the parameters have been set up – litigation for a huge number of people are going without a voice. I’m rounding 70, and I know I’m going to need something like assisted living. Too bad for that. Not from this settlement. Everything everyone is saying is the only truth. I may try to get it all removed. If I do I might end up with both a permanent colostomy and whatever they call a urine bag. At this point, the definite turning point is the Chinese mesh. The article stated that the Chinese stuff went into play 9/12. My first polyprolene surgery was 9/12. Maybe the medical ctr was still using its old stock or maybe I have the mega toxic bomb in my pelvis. I’m going to try to find out if that can be traced back to the source. That makes a big difference to me. When I spoke with some one today from the new law firm, she suggested I speak with their “go to” mesh person for a more in depth question answer session. I will see. There are so many women out there that are being led to slaughter. I don’t know how these monsters live with themselves. Medicine has really gone rogue. I can’t imagine it’s just this or us. The really scary issue is that it’s probably pervasive with drugs and other kinds of surgeries and medical devices. The person I spoke with said the judge is just sick of all these never ending cases. As you well know, they just keep on coming. I bet he has nightmares that he will never leave the courtroom and will never rule on anything else in his entire career. I think there may have been, shall we say, ‘guidance’ from him to find some way to handle some of the cases outside the court. I have no idea how many they are doing this way but it seemed from this womens talk with me to be a significant number. It’s not just me that is being handled this way. As you can well imagine, for anyone keeping stats, the more cases handled in this way affects what appears to be the overall number of plaintiffs. Scewing the picture to appear less than the true number. I’m not happy about this. There seems little I can do. They could drop me in a minute. Then I have nothing. When you are looking at 20,000 plus for Boston Sci what’s one case give or take? Back to your question. No, to multiple revisions. Yes, to significant life altering issues. A sex life. OMG – do I ever miss sex. Yes. Yes. And yes. But the pain overrides desire. I have to fight bowel impact ion every day. I cannot leave my house. Enough said. I just hope they are not to no good without filing and getting me into the legal protection of starting that process. She did mention saving a considerable amount of money. Maybe they are weighing the tiny pittance against the cost and expense. Without this website I would still be in the dark and not have a chance at the little crumbs.

      • Jane Akre says:

        Well articulated….. who is their mesh go to person?

      • Still Standing says:

        Ethically, your attorney cant just drop you without some violation of the contract on your part. Of course, I imagine there are many ways to get around this ethical dilema if someone wants to do it. Im concerned about the statute of limitations on filing for your case. It normally goes from the time you realized that the mesh was causing your problems. That is a significant time to pay attention to. If you get to a deposition stage, this will for sure be a question the defendants will drill down on. At least it was for me. The statutes are different from state to state..some are only two years, others are five or so years for permanent implanted devices. Ask your attorney about the significance of this. However, without any revisions, it would be a tough case to take to trial. The potential award amount might not be enough to cover trial expenses. You talk about a small pittance award amount. Does your attorney already have that information or are they just guessing?

        I would also like to encourage you to use some of the patient help tools you were given. At this point, there may be some things that are just out of your control, such as possible autoimmune disease. But, if you are fighting impaction on a daily basis, then that is in itself creating a great deal of unnecessary suffering. Every Little thing we can do to ease our suffering is one less point of pain. To quote my doctor, “constipation is deadly for you”. I know that most mesh implanted women experience constipation,sometimes a result of how the mesh is placed and for others a physical manifestation of hypertonic pelvic muscles created by continual bracing against pain. This can lead to recurring prolapse, bladder issues, increased pain, and other symptoms. This is an area where you do have some control. Make becoming unconstipated your number one mission. A probiotic and magnesium supplementation work for me most times, but when that periodically fails, I throw the book at it…milk of magnesia, laxatives, constipation paste ( a concoction of dates, figs, raisins and senna tea). Do whatever it takes to get this managed. Abdominal massage a couple times a day helps a lot, with the added benefit of softening up adhesions. Eating foods high in fiber helps. Reducing dairy,which can contribute to constipation is important. Moving around helps, too. It may be painful, but so is being impacted. I guess the analogy of this is the question “How to you eat an elephant? One bite at a time.” We can feel very overwhelmed by what has and is happening. It is important physically and emotionally to do what we can to ease suffering on a daily basis. Will it solve all your problems? Of course not…but it will solve one of them…and that is a good place to start. If you eventually get a diagnosis of autoimmune disorder, you will be a constipated woman with an autoimmune disorder. You will still have to deal with it regardless of what else comes your way or what the original cause is. You will be amazed at how much relief it can bring. Think of all of that pulling and pressing the mesh and your pelvic organs. You can be the boss of your body here. Get this one thing done. It will help more than you realize. My friends call me their official constipation consultant..Im more than happy to fill that role. Maybe there is a career there somewhere or at least a cute cheerleading uniform with pom poms. Give me a C…O..N..S..T..I ..P..A..T..I..O..N. What does that spell? P..A..I..N!

      • Still Standing says:

        Sorry, just one more thing. Although Boston Scientific may have 22,000 cases filed, they dont reach settlement with the entire group as a whole. Your firm will negotiate a settlement for their clients. They may use a similar breakdown of tiers or whatever you want to call it, but amounts can be different for the same injury type and same manufacturer among different law firms. This is determined by your firms ability to negotiate a deal. Some may have more expertise in negotiating , some may have a better relationship with the other side. Who knows? One firm may be able to bring their clients to settlements, others may not.

        • Nameless says:

          Thanks. Still standing. I don’t care. I hope I’m dead.

          • Still Standing says:

            Nameless, please dont give up hope. I did a pain support group yesterday and was amazed to hear that every single person in the group had hoped they could die at times. It was amazing to hear one woman say it, then everyone else revealed their struggle with not wanting to live at times during their lives with pain. It was if a huge dark curtain had gone up …finally, they could reveal this thinking and not be judged. Ive walked where you are as well. More than once during my 8 mesh surgeries. You are more than a woman with mesh, we are all so much more than our mesh stories…you are a woman of value, as valued now as you were before the mesh. Sometimes when we are in the middle of this thinking, we lose sight of that. Im not suggesting that you just think happy thoughts and you will feel better. I am, however, telling you that although we have not met, I believe you are worthy of being cared for with compassion and expertise. . I pray that you can find the strength to face your days ahead and that you will persevere in your search for a way to manage your pain. Dont give up…it took me more than 7 years and many surgeries and much better self care to get to a better place physically. It can happen, but the road is not a super highway. Its a hard one, but, Im glad I stayed around for the ride. Focus on doing everything you can to ease your suffering. I care.

          • Jan says:

            The way I see it if bist scientific r our attorneys and judge can not do what’s right by us..
            I pray hard that the Government will do what’s right by us and stuck them with such a big fine and maybe more fir doing what they have done to us. .
            And I am not asking for 10 mil, 15 mill like these trials I am asking for a fair judgement fir each and everyone of us. .
            They are so wrong for what they have done
            These settlements that I hear women are offered that is a slap .and they are so wrong for doing another injustice to us.. but it’s ok to spend BILLIONS of dollars and making sure everyone knows what they are spending to justify what they have done to us. Someone are something needs to stand up for the innocent victims they have destroyed a lot of women. ..si, if they get by with this butchering on us it’s like saying ok let’s do something else to women because the FDA, JUDGES, OR THE GOVERNMENT really do not care…
            SHAME ON THESE MANUFACTURERS. .

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