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Sanchez v. Boston Scientific Pelvic Mesh Case Settles Before Closing Arguments

bs logoMesh News Desk has confirmed that the federal bellwether pelvic mesh trial of Sanchez v. Boston Scientific settled Monday morning just before the Los Angeles jury heard closing arguments.

The defective product case began one week ago and represented the sixth trial facing the Massachusetts-based manufacturer of pelvic mesh implants.

Monday, May 11, a Delaware court began hearing the defective mesh case of Barba v. Boston Scientific over its  Advantage Fit mesh sling.  See story on Mesh News Desk here.

An offer to settle avoids a multi-million dollar jury award, a jury verdict that the products are defectively designed, the company was negligent and the instructions for use were inadequate.

While the terms of a settlement are never disclosed, Boston Scientific suffered the largest jury award so far among all mesh litigation  – $73 million  – in the September case of Martha Salazar.  The jury also found Boston Scientific was “grossly negligent” and included $50 million in punitive damages.

Last November, the company lost two separate federal trials alleging the company made defective pelvic mesh – one in West Virginia where jurors delivered an $18.5 million verdict to four plaintiffs plus an additional $1 million in punitive damages. The jurors there too concluded the company acted with “gross negligence.”

In a Miami federal court, four women injured  by the company’s Pinnacle mesh, were collectively awarded $26.7 million.

The story filed earlier today continues here:

The trial of Roseanne Sanchez v. Boston Scientific was in its sixth day today in a Los Angeles courtroom (Sanchez v. Boston Scientific 2:12-cv-05762).  The bellwether case was remanded back to the Central District of California from West Virginia where the company is facing nearly 17,000 pelvic mesh cases.

Jim M. Perdue, Perdue & Kidd

Jim M. Perdue, Perdue & Kidd

During opening arguments May 5, Sanchez’ attorney Jim Perdue told the jury that Ms. Sanchez had no idea the company had not safety tested the meshes she had received – a Pinnacle Pelvic Floor Repair Kit  (to treat pelvic organ prolapse) and the Advantage Transvaginal Mid-Urethral Sling System (to treat incontinence).

Law 360 reports the Pinnacle Sanchez received was made of a different formula of polypropylene and was a different shape than the previous models of Pinnacle.

“She had no idea that no human testing had been done,” said Jim M. Purdue Jr. of Purdue and Kidd LLP. “The choices that Boston Scientific made are what brought us here today.”

Perdue said the company use polypropylene mesh despite a material warning it was not to be used for permanently implanted medical devices, and the company had no “exit strategy” in case there was a problem. In other words, the procedure was irreversible.

As a result, Ms. Sanchez has experienced pain, bleeding and infections among other complications, according to her complaint.

Pinnacle mesh kit

Pinnacle mesh kit

The plaintiffs claim the Pinnacle and Advantage are defective, a ruling that has already been issued by another jury in a federal trial in Miami last November. (See Eghnayem case here).

An attorney for Boston Scientific, Robert Adams of Shook Hardy & Bacon, told jurors Ms. Sanchez is a nurse to patients undergoing chemotherapy and understands well the informed consent conversation. She also had medical problems before her mesh implants, he said.

The Pinnacle is no longer on the market. The Advantage and Advantage Fit, a newer version, remain on the market.

Judge John H. Walter ordered a shortened proceeding of five days.  Under the federal multidistrict litigation overseen by Judge Joseph Goodwin in Charleston, proceedings had already been shortened to two weeks. The Sanchez case was transferred to the Central District of California February 23rd.

Judge Walter is known to run a tight ship and according to this online site, The Robing Room, where judges are judged, there are many complaints about The Honorable John F. Walter.

Dr. Kerri Wiltchik, Ob-Gyn implanting doc

Dr. Kerri Wiltchik, Ob-Gyn implanting doc

In an April 22 filing, both sides disputed jury instructions that would apportion fault to her implanting doctor, Dr. Kerri Wiltchik. Boston Scientific was considering presenting evidence that the surgeon was negligent.

As of this date, there are 16,753 cases consolidated in federal court in Charleston, WV in multidistrict litigation and 100,000 cases filed against seven mesh makers.  #

209 Comments

  1. Even business-friendly Texas jury found Boston Scientific despicable for its’ harm-for-profit ‘business’ and awarded Salazar (the plaintiff) $73M.

    http://www.wfaa.com/story/news/local/dallas-county/2014/09/16/garland-woman-warns-about-medical-device/15720499/

    • Jane Akre says:

      Thank you Joleen for the video clip. That was a stunning defeat for Boston Scientific even though it was later reduced by half, it remains the largest jury award so far. You can bet Boston wishes it had settled that case before it went to the jury.

  2. msm says:

    I keep coming across statements similar to the following:

    “foreign body response may occur”

    “occurrence of these …[tissue responses to the implant] may require removal of the

    entire mesh.”

    Are instructions available for the removal of the “entire mesh”? No. I believe the phrase “entire mesh” is interpreted by the physicians as the 2-4cm that can be accessed from the center point under the urethra. This leaves the remaining 2 sides of the polypropylene sling somewhere between the pubic bone and the bladder. If the reason for removal is a “tissue response”, might the remaining material also have the same response?

    The IFU’s for three of the major players all list allergy, tissue reaction, or foreign body reaction requiring removal of the entire mesh. The list of “adverse reactions” has been expanded to include death by one manufacturer. So, I will leave it for the interested and curious to peruse the following examples.

    http://hostedvl106.quosavl.com/cgi-isapi/server.dll?8080?IFUs?.cmt1bWFyMTJAaXRzLmpuai5jb20=?GetOneDocPureFullTxt?oipbo5hf99cktfm4d700s6292o?8

    https://www.bostonscientific.com/content/dam/bostonscientific/uro-wh/portfolio-group/prescriptive-information/WH-243701-AA-Advantage_Advantage_Fit_Prescriptive_Information_FINAL.pdf

    http://www.amselabeling.com/assets/files/1010570_rev01_IFU_SPARC_ML.pdf

    • msm says:

      Oops. The first link was bad. Here’s the link for all of their IFU’s so take your pick.

      http://www.ethicon.com/healthcare-professionals/ifu

      The other two links download a .pdf directly.

      Jane if you want to edit the first comment, please do.

      • Mesh Nightmare says:

        MSM….thank you for sharing link.

      • charles says:

        the foreign body response has been by far the worst complication my wife has had resulting in diagnosis of ivig deficiency, chronic systimic infections and the list goes on. i still want to see what a pathologist, immunologist , chemist , all have to say about the leeching of the chemicals from polypropolene into the entire systemic body enviroment, i bet it will be ugly

        • Bejah says:

          Yes, Charles….Do you know if this is happening? Clearly it should be? How powerful are these multinational corporations? Can they suppress legitimate research at major Universities, at the NIH? We do not want the defendants to fund such research for obvious reasons. I believe the NIH should do it. I do not feel we can depend on the FDA for anything any longer. The reason we have heard nothing from the FDA must be because the corporations have prevented it. So what is the difference between organized crime and these corporations? At what point are we allowed to call it criminal and prosecute and jail some of these figureheads? Is that not what happened with ENRON? Can we bring a suit against the manufacturers as a united front of victims and name the FDA for “Failure to Warn” among other things (There warnings were too little to late).

          Bejah

    • msm says:

      At least two of these IFU’s were revised in 2014. I wonder when and how they came to know of these previously unlisted “adverse reactions”? If appropriate testing had been done, would they have learned of these reactions before going to market? Did they rely on post-market surveillance instead when the damage was already done? Will the list continue to expand? Are surgeons advised of the changes in the IFU? Is there an alert sent out to recall and replace the old IFU’s or at least send out a notice of the addition/correction? Maybe they’ve done this to cover the products already distributed but maybe not. It would be the responsible thing to do and might reduce their liability for “failure to warn” in the future (but not for the defective product). Will surgeons inform their patients? It’s too late for so many…

    • Jane Akre says:

      msm- you make a lot of sense and you questions are beyond reasonable. Why then does the medical establishment, the FDA, the mesh makers not see it?

  3. Bonnie says:

    I still have my most major surgery to be done yet. And the doctor doesn’t even know if he can do it in one surgery or not. My lawyers say I can’t have the surgery because there was an April 15th deadline. I’m so confused I hurt everyday. why does every case has to be this person gets that much and this person gets that much they should be paying us all for our suffering. sorry I wanted to paint tonight, just needed to vent

    • msm says:

      I might be wrong, but I think the “deadline” is applicable only if a settlement has been or is being negotiated. With “tiers” or groupings of plaintiffs based, in part, on the number of surgeries, there had to be a limit placed.

      However, you could have the surgery you need with the understanding that it will not be considered in a settlement agreement that has been or is being negotiated. If you decide that you must have that surgery considered and you haven’t signed a settlement agreement, you could roll the dice and talk to your attorney about waiting for a settlement offer in the future (if there is one). Or you could insist that your case go to trial. You always have the choice but it is risky. Talk directly to your attorney about your situation and discuss your options.

      Many are waiting for settlements in order to fund their next surgery. Is it fair? No. They’re living in limbo with pain that might (or might not) be relieved by surgery. Holding out hope and not able to make any future plans for living, not knowing at all what the future holds, is torture.

      I wish you the best.

    • Jane Akre says:

      Bonnie- Your health is paramount not the Tier of Injury your law firm will collect under. First, you must find a competent doctor who does removals regularly. Depending on what type of mesh you have, it will increase the likelihood you will have to endure repeat surgeries. April 15th is an arbitrary deadline that has nothing to do with your wellbeing and to hold you to that seems to be beyond cruel. Please get back and let me know where you are located and whether you have insurance. There may be close options for you for competent medical care. Thank you. janeakre@meshnewsdesk.com

    • kitty says:

      My new name should be “Walking with wooden hips” The stretching and pulling pain and spasms Physical therapy is so important after surguries——but finding a bright and experiened therapist is tricky

    • Bejah says:

      Bonnie, Sorry you have the blues. Remember you can vent and paint at the same time. This might be a good time for a self portrait (Let your unconscious guide you). It could be very theraputic. Hope you feel at least a litte better in the days to come. Imagine a rainbow at the end of this journey.

      Bejah

  4. Jane R. says:

    I agree Bonnie. I haven’t had surgery yet because my doctor said she would want a trauma surgeon in the operating room to hopefully keep me from having more nerve damage and loose the use of my legs. Kinda scary.

    My tape is also in the wrong place and is under my bladder and not the uretha where it’s supposed to be.

    Who know what will happen to me in the next year. I have all sorts of auto immune issues going on

    and haven’t worked since 2011 because of all of these issues, one after another. I am being penalized for not having surgery. I didn’t know about a deadline either.

  5. D smith says:

    Bonnie, does your attorney mean that you cant file a lawsuit and/or a lawsuit won’t cover the cost of having the surgery when you say “can’t have the surgery” since you didn’t have it by April 15th

    Thanks

  6. I just feel that the Judges over these cases mine included together and make them give everyone their settlement especially all the cases where nothing can be done to resolve our problem for the rest of our lives.It appears that everyone one that makes the decions on our cases are dragging their feet but of course they’re not the ones having to suffer it would be nice to settle where we can hire someone to help us with cleaning and working which we can no longer do Linda Karen Miller!

  7. Hal Lewis says:

    Well…. poo.

    Good news for Ms. Sanchez… but bad news for the rest of us. This MDL is NOT working like they are supposed to work. We need JURY VERDICTS to set public precedent.

    These private settlements are only benefitting the individual victims and their lawyer… while the REST OF US are being told to “sit still and do nothing.”

    COME ON JUDGE G.! There are thousands of us out here ready to try our clients’ cases too! Why can’t our clients get a shot at FULL compensation??

    Either force these companies to settle …. or LET MY PEOPLE GO!

    • stopmeshimplants says:

      I have to think this is how these kinds of cases are going to go from now on right? These attorney’s will settle at the last minute to avoid any more punitive damages from being awarded. We need these kinds of settlements to be acknowledged because we need the public to see these manufacturers do now want the whole truth to come out. I am happy for Ms. Sanchez and am grateful for her sharing her life trauma from this mesh. Bring on the next trial. These manufacturers are going to fall one by one and these products will be exposed for the horrific impact on all of our lives. I believe that will happen. I really do.

      • Jane Akre says:

        AND they avoid a defective product judgment and another ” gross negligence ” statement from the jury? Is the system being used indeed.

    • msm says:

      I agree, Hal !

      It appears that the system is being played and will continue to be played until a stand is taken by the courts (as much as possible under law). They’re cheating an already flawed system. The excuse for not negotiating a global settlment is to say that a bellwether is pending.

      The timing of these last minute settlements is calculated. Get into court, see if the case has merit and settle just before a jury awards millions and that amount is used by Judge Goodwin to “encourage” manufacturers to settle all or most of the pending cases.

      In my opinion, no trial should begin unless there is a “wave” behind that case. These “waves” of cases, with similar evidence, injuries, and products, are being formed in the MDL’s anyway. The cases in the “wave” would be automatically included in any “last minute” settlement. If this is possible, I believe that it might limit the benefits of the current strategy.

      The problem is, as always, will the law allow it and will a judge agree and order it?

      • Hal Lewis says:

        Exactly!

        The manufacturers get to settle these cases one at a time for years and years… paying big bucks to the lawyers in the MDL and their clients who are getting to court… and THEN throw scraps to the rest of us.

        • Hal Lewis says:

          What’s to stop these companies from settling several “hand-picked” cases for millions… and THEN declaring bankruptcy?

          Nothing.

          They need to either settle ALL cases… or open the floodgates and let everyone race to have their day in court.

          • Me says:

            I have a question- please bare with me… Now itis my understanding that there are women implanted with mesh that have no issues and they are going to be paid no doubt in the thousands, what exactly is there reimbursement declared to be for? Meaning what are they basing the payment on?

            Because if they are being paid it is basically just because they were lied to, not because of any future issues right?

            Because if they pay these women for any future complications, why would they not pay more severe cases for future surgeries and complications?

            This tier proces will only work if it is used as a starting point with each tier and then each case individually scrutinized and a determination made on the severity, consequences, health and medical outlook, as well as loss of work and pain and suffering. Is that how they are going to deal with them? Is that why they keep telling us the cases are individually done?

          • Me says:

            Omg! Please excuse my spelling and grammar in my last post!!! Typing to fast and not considering word usage!!! So sorry.

    • Barb says:

      Hey Hal I have already signed my paper’s o join the MDL against AMS. I was trying to find the site to which someone has put us in TIers! As far as what my attorney’s are telling me the Doctors have been putting our cases in categories and have begun the phase where we get letters of injury’s they feel are caused by these defects which is the next letter we get before the Special Master puts a price. After seeing 2 specialist now on my 3rd she discovered mesh erosion on the first time of examination. My attorney’s said if it’s it her medical notes that an operation is needed they will put my case on hold till/if the operation. Should that be fair to myself?? In the past month 2 more things have risen. What about people who have more then one defective device??Have you seen or heard of any?? Same manufacturer. Your info would be greatly appreciated. Also is it true AMS/ENDO increased their settlement monies from 93. 000.000 plus over 3,000.000 in reserves or did they raise their offer’s to 1.6 billion??

  8. stopmeshimplants says:

    Forgot to thank you, Jane. Appreciate your persistence and coverage more than you will ever know.

  9. anonymous says:

    I am confused. If these companies offer settlements what about the future medical cost. We as victims need to know that these will be covered. Some people may have insurance now but what about in the future when it comes time to have the surgery? Hal, there are tiers for the amount of surgeries we have. But what about all the other issues with so so many of us. Is anything added for being disabled, in pain, new medical conditions due to surgery, unable to work or enjoy life? Future medical cost could and very possibly would bankrupt a person. Is it possible to put on an agreement that future medical cost would be paid by the company?

    Any attorney who truly deserves his part of he settlement would think of this before agreeing to any settlement for their client wouldn’t you think so? I know many of us deserves millions but to many of us will never get that. We are hurt in many ways the same as those who go to court. But if everyone of us went to court many would possibly die before a verdict let alone money would end up in our bank. So what do we do. Some of us will never enjoy life again or die if we wait another 4-10 years. So what is our options Hal? And why can’t we get paid it all up front? You have to take into consideration we are all very uninformed in all of this. Many of us have no idea how this all works. So much life has been taken from us. Is any of this considered beyond the tiers? Please help me to understand all of this mess. I am glad for Ms. Sanchez and I am sure the settlement amount was a large sum. But what about the rest of us, we deserve to be compensated for all we have gone through and all the problems we will have to live with for the next 40 or more years!

    • Jane Akre says:

      Frankly, the corporations do not care about your future medical needs and the costs associated with them. They are run by bean counters who assess risk v benefit for the company and its shareholders. There is no caring for you or guilt associated with the harm they have caused. Corporations are not people, despite what the U.S. Supreme Court ruled. They do what they want and what they can get away with, in my opinion. This is a prime example of why we should NOT hand over our citizenry to the rich and powerful, they will trample us if they need to, again, in my opinion.

  10. Me says:

    I am so mad the more I hear about foreign body response the more upset I’m getting. They are responsible for my life being shattered and destroyed and they are going to get away with it. The devastation in my and my family’s lives can’t be taken back. I can’t relive the last seven years. And I can’t put back the internal organs removed due to the Havic this crap caused in my body. I’m begging our government to step up and stop this crap from being sold as an implant in the human body. This is what is wrong with our country today, there is no protection or justice for the victims of large corporations and our court system is a disaster with waiting periods like we are going through as well as the fact that they can appeal indefinitely on a verdict. There should be allowed only one appeal. We live in a messed up society and I have been trying so hard to go on with my life the best as possible but I read crap like this and it makes me so angry that our justice system would let them waste the courts time and put this woman through the stress of a trial and then settle just befor they are found guilty! Delay tactics! This makes me sick. I have never Ben more disgusted in my life, I have always tried to be a forgiving person but there is no forgiveness for the people in Boston Scientific that allowed this to happen to me or anyone else. I will never pray for them, I will only ask the lord to punish them accordingly. And I will beg forgiveness from my family for destroying their lives by trusting people like them with my safety and wellbeing.

  11. These lawyers are paying back the costs of surgeries of what they did to us, the companies that put it here for them to use should have to pay this, it should not come off top of amount won…..

    • msm says:

      I so much agree, Denise!

      This is my understanding, please correct is you find errors.

      When a case goes through the trial process, the jury often awards an amount to cover medical costs past and future along with compensation for lost wages, pain and suffering, punitive damages, etc. I can understand that specific portion of an award being used to reimburse the insurance companies. That is a purpose of the award.

      However, if there is a settlement and a grouping or tier system is used, those in the lowest tier with no surgeries will not have much (if anything) to reimburse. Also, the they are sometimes allowed to come back and sue at a later date if complications occur. It depends on the terms of the settlement.

      On the other hand, those in the highest tier who have had 4 or 5 surgeries will have to reimburse huge amounts off the top of the settlement (after the attorney’s percentage). Even though the higher tier might appear to receive a significantly greater settlement amount, how much do they really receive after all is said and done? As part of the settlement agreement, they will likely be required to sign a release and cannot take any action against the company in the future.

      Because no liability is admitted and the settlement is “confidential”, future treatment is not considered . Even though the insurance company knows you received a settlement, they don’t know how much. It could have been $1 after all was taken out. Because of this, they cannot refuse to cover future treatment they would cover for anyone else.

      That being said, if your insurance is provided by the government and is based on financial need (Medicaid NOT Medicare), the settlement amount will be considered part of your total assets as required by law. Your attorney might set up a special needs trust to protect you in this situation.

      Unfortunately, since the court records have been posted in the Internet, obtaining insurance may be a problem. HIPAA is all but useless since there is no confidentiality of anything, even electronic health records can be accessed if someone with access to the system gets enough $$$$$$$$$$$$.

      Again please correct my misunderstandings.

      I’m starting to rant again so I will stop.

      • Barb says:

        Continue to rant we all need to do it!! So far what questions I have asked my attorney firm about future medical they haven’t worked that out yet it will be in the letter for the AMS clients first since AMS is desperate to settle!! I’m not sure if the Special Master will take any in consideration possible future medical bills it would seem fair they either set up a special needs trust used purposely for us who have mainecare/medicare/medicade, so confused but if we have to reimburse them already, that I personally think the manufacturer’s should be given the bill for that means any future medical issues we have with the mesh we have to pay out of pocket???

      • Barb says:

        I don’t believe MSM clients are ever allowed to get any monies after the MDL papers are signed! However if these woman are giving future and back medical cost punitive damages and loss of life quality those who don’t get the chance to be heard in court it also should apply to us as well!! Having to pay back Medicaid/Medicare/Mainecare appears the government wins double!! Especially they were not concerned nor did they give any information concerning what is now classified as HIGH RISK ISSUES, they should not get reimbursed!! Hoping the Lien Company involved will negotiate so full price will not have to be reimbursed……………….what about future medical bills?? Will they pay for these or again is it going to be up to us to pay out of pocket!! I just really hope the Special Master does use these MDL trials as examples of awards as that is what they are set up for…………………

  12. chloe says:

    I don’t understand why these mesh cases are still hanging out there without any indication that these companies will be held responsible and pay for the harm they have done to so many of us. It irks me that a settlement for Actos has happened in a much quicker time frame. There is little doubt of the harm these mesh products have done, but I’m sure it’s all about the money. I had not only the Boston Scientific Obtryx for bladder prolapse which failed but also the Ethicon Prolift as well. It failed in less than 2 months and then the erosion was going on. My doctor gave me premarin cream and with each follow up said it was getting better. Quite the opposite was happening and fortunately I found a good urogynecologist that was able to remove the mesh just after 9 months of it being inserted. She said it was within a cell layer of invading my bladder, so I consider myself to be much luckier than a lot of other women. I have a severe prolapse which I deal with because there is a lot of scar tissue and very limited options to fix it. I’ve dealt without exaggerating a minimum of 50 UTI’s and the discomfort of a grade 4 prolapse.

    There has to be more pressure applied to these companies by the courts. These MDL’s are a total failure right now and I fear we will all be left wanting in the end. It galls me that they can destroy our bodies and not be held accountable. Money won’t change what’s happened to us, but these companies need to feel it where it counts to them the most.

  13. LJ says:

    I am frightened about how I will handle this pain in 10 years. Will I have any quality of life? Be employable?

    I know the answers to both are no, trying to continue moving on with virtually no light at the end of this nightmare is pretty darn crippling & more than I want to try to handle.

    LJ

    • AllsortsofMeshedUp says:

      I tried to work just 2 days a week for a friend of mine’s husband in his law office and couldn’t because of my pain. I was there from April-October and some days would bring my heating pad to sit on because I didn’t want to take medication and drive. Although, I’ve had to do that in order just to get some things done. It’s truly saddens me for everyone they’ve butchered basically is how I see it. Thinking of you and hoping in your case you do get some relief. I’ve been putting off applying for unemployment because that’s another stresser to my already stressed mind, body and spirit. But it looks like my only option.

      • AllsortsofMeshedUp says:

        I meant I’ve avoided filing for “social security disability” not unemployment. Because I really needed to go back to work since my husband was forced into an early retirement. However, it looks like I’m done. If I couldn’t handle 2 days a week how can I function 40 hrs a week.

  14. evohn sartorius says:

    I’ve had the mesh removed, infection all of the time and bladder spasm along with leaking all of the time. had two rounds of dbotox and other treatments. My case was filed over 2 years ago and nothing happen so far. How long does the attorney have to wait before they can push boston scientific into court or settling with me???????????

    • Barb says:

      Saying you have only waited 2 years is such a short time. Mine since 2008…………….many longer.

    • msm says:

      I hope your case is resolved soon. Considering that some AMS cases are being settled in less than a year of filing the claim, it is frustrating to watch. But the majority of AMS cases from 2011 through 2014 have not been settled. .Go figure….

      It all depends on the company and (to some degree) your attorney. Bard has cases filed in 2009 and is the “senior” of the MDL’s. Every company is going its own way. I hope Judge Goodwin can get them all headed in the same direction.

  15. Donna says:

    I have had two surgeries to repair my bladder since the implant was done I am in constant pain as if bees are stinging me all the time, I have lost all interest in anything that I used to enjoy as a matter fact I have no joy left because this pain has overpowered me mentally. I cannot fathom living the rest of my life like this. The last surgery that I endured was a loosening of the bladder sling because the urethra was being kinked from the sling which took Going to several different doctors until one finally discovered the problem. Five years passed before that surgery and during that time I was in complete and utter pain from constant bladder infections .(on mountains of antibiotics) I had the surgery to loosen the sling now incontinence is back oh boy yeah!!!!! The very reason I had the surgery done was for incontinence now I have this foreign material in my body painful foreign material and incontinence…. way to go medical industry ….thank you for screwing up my life !!!! Oh not to mention during recovery from the last surgery I had a heart attack anesthesia rested and settled on my heart causing cardiac episode had I not had this sling i would not have had to endure so many proceedures and surgeries I would never have had a heart attack this stuff is bad and it has ruined a lot of lives I cannot believe that the manufacturers are fighting like this it’s horrible!

  16. Dawn says:

    As long as we keep taking the settlements , I feel the truth will never come out. I just received a mass mailing from my implant Dr. Ago come to his great siminar sponsored by AMS. There is no justice happening.

    • Bejah says:

      Dawn, Maybe you should go. It would be an opportunity to share the truth with the attendees. You could perhaps hand out flyers before they ask you to leave. That would be a very good thing. You might save someone’s life.

      Bejah

  17. kitty says:

    Have you all seen the beautiful accolades for Nat’l Nursing week? How can any jury believ e that would do harm to women?

    • kitty says:

      I forgot to mention J&J is sponsoring the “Nursing Week”accolades on TV commercials. How can a jury believe believe that “J&J Hurts Women?”

  18. Barb says:

    Can someone send me the link to find out the TIERS that we are put in??

  19. Ann says:

    I’m beginning to think we will never see justice done for all of us. I honestly believe if this was a suit involving men things would have been settled by now. I can’t understand how the news doesn’t put any of this out there for people to see. its like we don’t exist. They will continue getting a slap on the hand while we continue to suffer.mif their wives or daughters had to go thru this no doubt they would change how they do things

  20. me says:

    But aren’t we lucky…there is a status conference on our behalf. It’s coming up quickly, just a few more weeks…stick a strip of mesh in the big wigs from j&j or BSC and I bet they don’t have to sit stand or lay in pain waiting for “coming up quickly”. To a woman with mesh injuries one day is an eternity! Over a month ago I spoke to the attorney (para-pro)and they told me ” the attorney is working on a letter to send you right now, you should be getting it soon.” I got it a month later. Is it me or does our legal system work on island time?! I’m sick of waiting! Goodwin seems to be slowest of them all! Maybe he is waiting for us to drop dead or the senate to jump in and relieve him…I don’t know but when I have something to get done and I know it is affecting other people, I get it done. AND….by the way I agree with MSN! Why not put a wave of clients behind each tried case!? Then if they put that person through a trial then decide to settle because they are going to loose they have to offer and settle each and every person in the wave as well. That would discourage the game they are playing and yet be fair to both sides. If they can bulk us in tiers for settlements they cam bulk us in tiers or waves for trials!

    • Debbie says:

      Well said both of you me,and MSN the reason behind them doing something like that and are not is that it makes to much sense to do so.

    • Barb says:

      Just curious if you have AMS or another manufacturer?? I recieved my letter in January signed and returned.

  21. What the hell is wrong with the Judges and the court system.The reason that nobody is. Going after the companys that make the “PP ” plastic is because they told ALL of the Mesh makers that the plastic was not to be inplanted into people.After all it is FISHING linehave a lot of it in my tackle box.And y.es it breaks down and falls apart………….So after all this talk….they were told not to inplant and they did willfully sell to doctors a product that can and did harm. To not just a few but over 100,000 women , Affecting all and the familys.

  22. Lisa (Florida) says:

    First; Jane, again and always, forever grateful to you! Second; WTF? I’m starting to get more angry with the plaintiff attys for caving and leaving everyone else in the dust AND for letting the Defendants off the hook for a defective product judgment, punitive damages and for gross negligence. What do you think the Pl Attys reasoning was for not taking it to Verdict?

    The legal system? WHAT legal system?!!!

    I completely agree with MSM, let the “wave” begin!!!

    • Me says:

      Dear Lisa(Florida)-

      You go girl!!!!!

      • Hal Lewis says:

        Lisa:

        You are harping on the BIG problem with the way this MDL has been running.

        The reason the “attorney” did not take the case all the way to trial is because the attorney is NOT the person who makes that decision — the CLIENT/VICTIM is.

        So in reality… it is a MIRACLE that ANY of these cases have ever reached trial… since it means that a victim had to have turned down a guaranteed settlement to take the risk of trial.

        Let’s be honest. If WE were the ones sitting in the courtroom and J&J came up and offered us millions to settle quietly… would we turn it down just to try and send a message? Anyone who says “Yes” is fooling themselves.

        So what we have now is an MDL that is only doing ONE thing: Allowing these manufacturers to DELAY the onslaught of trials that are coming while they ACT like they are trying bellwether cases… only to settle every one of them confidentially at the last minute.

        I HONESTLY CAN’T SEE ANY WAY THAT ANY MANUFACTURER LETS ANOTHER CASE GET TO VERDICT.

        They are going to keep settling them one at a time for huge chunks of money that nobody can turn down.

        If Judge Goodwin can’t see this… then we are all in trouble.

        And quite frankly… I am not sure there is anything he can do about it at this point. The settlements that he has tried to get put into place have been laughed at by most of the victims… but that’s because there simply isn’t enough money there to settle every case for its real value. And there never will be.

        I am getting more and more convinced that the MDL lawyers KNOW that the MDL is about to fall apart… which means that a race to the courthouse will be on… so they are trying to get their bellwether cases settled for big bucks before the stampede begins.

        • Hal Lewis says:

          SO…

          my warning to everyone is to go study and do research on the history of ASBESTOS litigation and bankruptcy…because that’s where this is headed:

          http://www.apiincasbestossettlementtrust.com/history.html

        • msm says:

          Hard to accept the harsh realities but everyone does need to try to be honest with themselves. If anyone sat in that courtroom to testify about intimate and embarrassing details in front of strangers (many of whom are men) while realizing that the jury could return a verdict for the defense and NO compensation will be received, their feelings and considerations might be different for most.

          Add in the reality that there IS limited money. There is ALWAYS limited money. Even Warren Buffett’s bank roll has limits. The largest financial institutions in the world have limits. This is not the only litigation these companies are involved in. Mesh victims are only one group waiting for their day in court.

          The asbestos settlement is a mess. Even though there is a trust set up to “settle” the claims, the claims are filed and then they wait, and wait, and wait to see if the claim will be approved and for how much. Many receive less than 10% of what was originally estimated when the trust was set up. For one reason, the number of claims that were filed after the agreement increased exponentially. I listed the stats on the AMS cases in an earlier post. Just in the last 4 months, over 200 new cases have been filed.

          Nothing will ever compensate for the pain and suffering. Nothing will ever be fair. However, some compensation is better than the alternative which is (and always will be) a possibility. It’s not a cop out. It’s survival.

          • Hal Lewis says:

            Sad, but true.

            The people who think that they will ever be fully compensated are sadly misinformed.

            Let’s just cross our fingers that somehow a respectable resolution can be worked out.

        • Bejah says:

          Hal, I do not buy the concept that there is not enough money. That does not seem logical at all. These corporations are worth tens of billions if not more. Also, I assume they carry insurance policies that should cover large losses. Also big losses have been built into their business models for decades. Also, their banks would support them I expect. Can you explain your logic and/or give our people specific citations that support your statement about limited resources? Thanks.

          Bejah

        • Barb says:

          So true Hal!! It’s not alway’s neither do I think attorney’s (AMS) are dragging……………sometimes if your a client and the manufacturer will make you think TRIAL TIME…………….however I really believe this is a scare topic used against us……and of course her attorney would have given her legal advice if the settlement was not fair. If I was waiting to go to court and if a company decided the last minute to settle with a fair amount I would do it!! You save alot of money to settle out and you never know what a jury could do.

    • Jane Akre says:

      You all do not have to accept the offer remember. In a sense you are in control, though I don’t fully understand what will happen if the settlements fall apart. Probably no one does.

      • Bejah says:

        Do we know of other settlements that have “fallen apart” Jane? Other medical devices or other products entirely.Then what happens? The cases return to their states and the MDL is closed? I assume settlements generally succeed or they would not be put in place so why is this an exception. Could it be that the behavior of these corporations is an isolated anomally (sp)? Why does it look like the settlement might fall apart…and are we speaking of just the one being sorted out presently or do you refer to all of the probable settlements for all defendants in this matter? I assume they all adopt the same tier structure, one that is not variable.

        Bejah

        • Kitty says:

          This is in reponse to Bejah: re settlements falling apart. If settlements fall apart and they are sent back to the states–would ity be legal for the attorneys to tell the jury about the verdicts from Bellwethers and also tell them about secret emails et al?

    • Me says:

      Hal-Hal- I read about the settlement amounts for the new BS deal… And correct me if I am wrong but each of the four firms involved would walk away with around 85 million each. If each firm has 100 employees that would be a check to each for $850,000. Now I am well aware there are some cost coming out of that, but if you will excuse the French ..that is complete bull crap! They are walking away with my money. Now don’t you think that if our attorneys will become more reasonable in their “take” of my settlement (considering they are making money on my misfortune) then maybe, just maybe all theses women that are saying NO to small settlements may indeed begin to negotiate with a more open mind. I mean Hal I think it would help prove to me how honest these attorneys are if they can show proof to me that they are actually putting out at least 1/2 of what they are taking from me…so I guess what I’m saying is, I would like to see billable hours worked ONLY on my case, and if it is work done on several, than I would like to see how much my and ONLY my billable part is. You see, to have to sign away 44% of my settlement to the lawyer before I even know if I’ll have a case let alone Win just seems unethical to me. I mean come on…obviously attorneys are clever and they have what we would call an unspoken code that they live by, like let’s make a pact we will all take the same percentage and we will make it high then we will all come out ahead because the client will have no choice, the price will be the same wherever they go. It’s almost as if we are backed into a corner and if we want anything at all we have to pay that price wherever we go. I know that we all make career choices in our lives, but why is your time, work and effort so much more valuable than the man putting out the hard labor and unending knowledge to build me a home? Is it the fact that you made the choice to put forth money to become an attorney and all that builder had to do was have on the job experience? Something about it just seems like attorneys know you need them and without them you have nothing…so they prey upon your vulnerability…I truly am not trying to insult you, Honest, and I am not trying to attack you, but step back and think about it…am I wrong? If so, please I am a very open minded person and am hoping you will be able to make or help me understand why each individule from janitor to courier, lawyer or secretary in a firm would be entitled to $850,000 for their job and that’s only from one case, each firm handles many cases at a time…that would be like your secretary making $30.00 per hour and putting in 28,000 hours on my case alone. The numbers don’t add up.

      • Me says:

        The settlement, if approved, would resolve the majority of the lawsuits. There are still about 5,000 cases facing Endo/AMS, some of which are consolidated in federal court in West Virginia.

        The four law firms behind the agreement are Motley Rice LLC, Blasingame, Burch Garrard & Ashley, PC, Levin Simes LLP and Clark, Love & Hutson, G.P

        With legal fees beginning at 40% would result in approximately $332 million for the law firms involved.

        • Barb says:

          There are more firms then what you are saying!! I have 2 one in Texas and One of the best firms in Florida whom were attorney’s to help AMS clients to have them come forward Oct 3, 2014!!! I have who I believe both firms are top quality attorneys!! Communication, informative and the attorney firm in Florida have been working on these cases 24/7!! They have shifts to try and get these cases put together on a timely basis……….so far they are ahead of schdule!!

      • Me says:

        Correction I’m sorry it was the ams settlement….to many articles and to much pain ….

    • AllsortsofMeshedUp says:

      Key words “legal system” not a “justice system”. Thus lies the problem.

  23. me says:

    Just looked at the link…law firms involved get 332 mill divided that and the firms are getting around 83 military each…wow and they want to give each individuals under 100,000…well all I can say is they better be showing me what they did to deserve that!!

  24. me says:

    That’s mill..darn auto correct…

  25. Mari says:

    Jane,

    I have a question regarding Interactions/protocol with the Law Firm I signed on with. It’s been a year since I signed up to have a law firm represent me. At the time I was told my case has to go through an MDL and I couldn’t sue in my home state (California). What I really want is a trial in my own state but I was told that wasnt possible. So Now I wait patiently but the Firm has never reached out since they sent me my docket number (over a year ago.) Shouldn’t they be calling me to get my health/surgery outcome updates at min. or should I be contacting them periodically? I’m not litigious and don’t know the drill. And is it possible to get out of the MDL and hire a local Law Firm to have a trial in my own state? And lastly, kindly explain why this last Boston Scientific lawsuit (MDL case)was sent back to California.

    Thanks!!

    • Nani says:

      Mari – From the way I understand it, even if you did file a case in your home state, the Judge has most of the state cases on hold pending MDL resolution…so it wouldn’t really be any quicker. Your attorneys work for YOU, and you always have the right to find a new one, BUT a lot of local attorneys will just end up sending it back to one of the big firms anyway; this is really complicated litigation, with billions of pages of documents involved – not to mention the cost of litigating a single case. In the end, you’d be solely responsible for all of the costs of getting the same materials that are already available to everyone to share via the MDL, not to mention the cost of experts, depositions, travel, etc… Not to say that’s the wrong choice for you, it’s just how it works when you have a one-off case. Expenses can easily get to be hundreds of thousands of dollars if things get all the way to trial, even if it does settle before a jury verdict. You also run the risk that a jury will come back in favor of the defense, which is ALWAYS a risk of trial (that’s one of the reasons ladies, like Ms. Sanchez, will accept settlement).

      That being said, if you’re not happy with your attorney, you can shop around. Your current attorney may put a lien for expenses already incurred in your case (such as obtaining medical records, mailings, and the like), but they work for you, and can’t force you to stay with them. If you call your attorney’s office and ask to speak with an attorney because you have concerns regarding the attention that you’ve received and the direction of your case, usually you will be put through to one that can answer all of your questions and help you decide what the right option is for you.

      -Nani

    • Jane Akre says:

      Mari – It is unacceptable that a firm has not contacted you periodically in my opinion. If they were working up your case, they would be collecting medical records at the least. Some cases are remanded back to their home state via Judge Goodwin for numerous reasons, I don’t know why this latest case was remanded….

  26. We don’t have a legal systen we have a devided rich and not rich, the rich see only$$$$$$$$$$$$$$ and the not so rich see the lack of it. Thats why they find it so easy to step on us….there not looken to see us.

    • Jane Akre says:

      Donald, as far as I see it, the US is the only place where a woman without resources can sit across the courtroom from an army of company lawyers gunning for her. AND she can win! It’s not a perfect system, but there is some leveling of the playing field allowed in the US. in my opinion.

  27. Richard Howden aka All Meshed Up says:

    And Dear Ladies, there are thousands of Hernia Mesh Victims out here also hoping to get a day in Court who are suffering, also. The Rhode Island MDL was a total cock-up with some victims still trying to get paid or even FIND their Lawyer now. And that MDL was supposedly settled years ago!

    Until the FDA comes out and starts recalls and the U.S. Government begins investigations( real investigations ) we will have the Manufacturers and their army of Lawyers doing everything possible to divert attention and pay out as little as possible. The symbiotic relationship that exists with the FDA and the Manufacturers can no longer continue.

    I would also ask of the women who have been “Awarded”, how many have actually been paid off?

    Best Wishes…….

    • Jane Akre says:

      Richard- Are you sure everyone with a hernia complications has lodged a complaint with the FDA? We know they are lame, but if they received a flood of complaints, would they not have to take notice? I will publish a “how to” story if you thing there are many who have not complained.

      • Richard Howden aka All Meshed Up says:

        Hello Jane, long time-no talk to! Hope you are well and again, Thank You for All you do for the Mesh Injured.

        I have been posting many things on the Topix page for Hernia Mesh Victims including the need for everyone to make a report to the MAUDE data base. I especially ask that they get their Doctor to do the same. What is so maddening for me is that many of the Mesh Injured are looking for a surgeon to remove their Hernia Mesh which is actually difficult to find depending on circumstances, mostly monetary. The other thing they are looking for is an Attorney to represent them. Again, difficult to non-existent for the Hernia Mesh Victim. Filling out a complaint in the MAUDE data base is the last thing on their mind and it is usually forgotten in time and as their symptoms get worse.

        Anyone who has gone into and researched the MAUDE data base is sure to find out what I have found in many instances. The MAUDE data base is so convaluted as to Brand and Lot #. You can find Prolene in there but you can also find it listed as just Hernia Mesh/J&J or Ethicon/Hernia Mesh. And my main problem with the whole data base is that a complaint is designated as incomplete or a non-issue because a sample of the “PRODUCT” was not sent in for analysis. And because there is no Regulation or a Mandatory Compliance to send a “Bad” Mesh product to the Manufacturer or the FDA, I would say that 99% of all complaints are moot! What an easy way for the FDA to say there is no problem with Mesh and that is exactly what they have done when the MAUDE data base is brought up. I had a conversation with Bruce about this many times and he was at a Hernia Conference and the FDA Official, who was speaking there, in charge of the data base said exactly that! The FDA denies it’s own data base! It is so ridiculous as to be insane. I wonder how many complaints there are in the data base but you would have to know the code words of each Mesh product to be able to figure it out. And the FDA has routinely gone through and got rid of the complaints they have deemed as incomplete or non-issue which totally skews the total amount of registered complaints.

        I believe that the FDA is NOT making it a requirement to make a report AND to send a Mesh sample purely BECAUSE it would become obvious that there are so many people affected by Mesh. Can you imagine if all 100,000 women sent in samples of the Mesh that they had to have removed much less the 100’s of 1000’s of Hernia Mesh Victims? The evidence would be overwhelming and the Manufacturers would be in deep doo-doo. But No. The FDA continues with the Status Quo and refuses to help the Mesh Injured. Unfortunately the same goes for our supposed Representatives in Congress and the Senate.

        And I will again say this, at least you women have a chance at some monetary compensation as opposed to us Hernia Mesh Victims. We are the forgotten ones and no one gives a damn about us.

        • Jane Akre says:

          The point you make is excellent! If the FDA really wanted to hear from you, it would be more user friendly. What does that tell you? Thank you Richard.

          • Richard Howden aka All Meshed Up says:

            Thank you Jane, not only is the data base not user friendly it is a labrinth intent on hiding it’s full content and without any way to check, fully, on this Mesh or that Mesh. Just as J&J/Ethicon Prolene Hernia Mesh is actually identified by the % sign in many documents, there can be only one reason for the FDA doing this is secrecy and obvuscation. It’s hard to be 100% defininitive with statistics if those statistics are unreadable, unreachable or destroyed. Just ask J&J, they know ALL about destroying documents and secrecy. In this same way, the FDA is doing this with any complaints about Mesh products when you cannot make an accurate count of how many complaints there are with such and such Mesh. It is done this way with true intent. To keep us snookered. And what a job they have been doing!

            Thanks Jane and to All of you Ladies out there that have joined the ranks of the Mesh Injured, God Bless.

          • Bejah says:

            The FDA? I say “Off with it’s head”!!! What say you? Or….Maybe it has no head or maybe it has too many heads. Who knows.

            Bejah

  28. Hal Lewis says:

    http://www.apiincasbestossettlementtrust.com/history.html

    I fear that this is where we are headed.

  29. Hal Lewis says:

    And don’t think for a minute that J&J is too big to fail:

    The Manville Corporation, formerly the Johns-Manville Corporation, filed for reorganization and protection under the United States Bankruptcy Code in August 1982. At the time, it was the largest company ever to file bankruptcy, and was one of the richest. Manville was then 181st on the Fortune 500, but was the defendant of 16,500 lawsuits related to the health effects of asbestos. The company was described by Ron Motley, a South Carolina attorney, as “the greatest corporate mass murderer in history.” Court documents show that the corporation had a long history of hiding evidence of the ill effects of asbestos from its workers and the public. One of many examples is a memo from Manville’s medical director to corporate headquarters:

    The fibrosis of this disease is irreversible and permanent so that eventually compensation will be paid to each of these men. But, as long as the man is not disabled it is felt that he should not be told of his condition so that he can live and work in peace and the company can benefit by his many years of experience.

    By the early 1990s, “more than half of the 25 largest asbestos manufacturers in the US, including Amatex, Carey-Canada, Celotex, Eagle-Picher, Forty-Eight Insulations, Manville Corporation, National Gypsum, Standard Insulation, Unarco, and UNR Industries had declared bankruptcy. Filing for bankruptcy protects a company from its creditors.”

    Thankfully J&J is a very diversified company that sells a LOT of other products besides mesh… so they should be able to stay in business and PAY THE VICTIMS WHAT THEY DESERVE!

  30. Hal Lewis says:

    The Johns Manville bankruptcy proceedings created a model for other asbestos defendants to follow in discharging liabilities for asbestos claims through bankruptcy, including the creation of a settlement trust, funded by a majority of the bankrupt entity’s stock, and for the express purpose of paying asbestos claimants for their injuries. Once confirmed by the court, the emerging trust became the only recourse for asbestos claimants with claims against Johns Manville, who were barred by injunction from pursuing claims against the reorganized company. In re Joint Eastern & Southern Districts AsbestosLitig., 878 F. Supp. 473 (E.D.N.Y. 1995), aff’d in part, vacated in part, 78 F.3d 764 (2d Cir. 1996).

    In 1994, Congress explicitly authorized what Johns Manville had achieved in its own bankruptcy proceedings in 1982 and enacted section 524(g) of the U.S. Bankruptcy Code to permit companies plagued by mass asbestos tort claims to establish and fund a trust to address and pay all present and future claims relating to liability for asbestos exposure. 11 U.S.C. § 524(g). Under section 524(g), once the entity emerges from bankruptcy, all liabilities for asbestos exposure are assigned to the newly created trust, and the emerging entity is discharged of all asbestos-related liability. The trust distributes funds on the basis of Trust Distribution Procedures (TDPs), each of which has a schedule of diseases, along with exposure and medical criteria that a claimant must meet to receive a distribution. Once a claimant establishes that he or she is a trust beneficiary by satisfying the TDPs disease and exposure criteria, the claimant is entitled to have his or her claim paid out of the trust. 11 U.S.C. § 524(g); see also In re Combustion Eng’g, Inc., 391 F.3d 190, 201 (3d Cir. 2004). Trusts are now paying out billions of dollars per year to claimants and, as of 2008, reported assets of approximately $30 billion. Lloyd S. Dixon & Geoffrey McGovern, Asbestos Bankruptcy Trusts and Tort Compensation 3 (RAND Inst. for Civil Justice 2011).

    Since the enactment of section 524(g), dozens of companies have sought bankruptcy protection to resolve their asbestos liabilities globally. As of 2011, 56 such trusts have been confirmed on behalf of asbestos defendants that have declared bankruptcy, and payments from these trusts have risen rapidly. As of 2008, the largest 26 trusts had paid $10.9 billion on 2.4 million claims. A “conservative estimate” places the current assets of the trusts at “$35 billion . . . and potentially as much as $60 billion.” Charles E. Bates & Charles H. Mullin, “Having Your Tort and Eating It Too?,” Mealey’s Asbestos Bankr. Rep., Nov. 2006, at 21.

    • Hal Lewis says:

      MUST READ ^^^^^^^^

      For all of you who are screaming for Congress to act…

      THIS is what they will do.

      They will NOT act to protect YOU. They will act to PROTECT Johnson & Johnson!

      They will pass a law allowing J&J to set up a trust and then walk away from any future liability.

      That’s the reality of big-money politics these days. Sorry to say.

      • kitty says:

        Hal. If a trust is established do the medical bills comr out of tha

      • Jane Akre says:

        I was amused to see a hearing that had FDA;s Jeff Shuren on the hot seat. Some congressional committee was asking him why it took so long to get innovative medical devices on the market, as if this is a goal for most citizens. Rep. Marsha Blackburn from Tennessee leaned forward and said “My constituents” …want things sped up… (paraphrasing here)…. HER constituents were/are the medical device companies who, along with their lobbyists, have full access to Ms. Blackburn and her office. It was really shocking because it was so apparent what was happening! One would think her constituents are the citizens… NOT!

        • Hal Lewis says:

          If there is ONE thing that I think the average citizen (and average mesh victim) doesn’t understand these days…

          it is how our Congress is now bought and paid for by these large corporations.

          Once the Supreme Court allowed corporations to donate as much as possible to candidates up for election… the average citizen lost all chance at ever being heard from again.

          https://en.wikipedia.org/wiki/Citizens_United_v._FEC

          • msm says:

            Esp. now that donation limits have been lifted.

          • me says:

            Half – can you explain why they are still advertising for more clients? Why have the attorneys not stopped this advertisement? I understand every person implanted deserves some type of compensation, but it’s almost asbif they are recruiting people and they are dooming the whole process, I would think…maybe I’m looking at it wrong..? Also what happens to our attorneys if they file for bankruptcy? Are you still compensated the same amount?

        • msm says:

          How ridiculous. Has anyone heard of any ground-breaking medical devices that have been delayed and would have saved lives? How many are just another version (new and improved) of an already existing device? )The improvements were to correct what was wrong when the FDA cleared it.)

      • Bejah says:

        Well, poo…make that poo-poo. Seriously, is it my imagination or am I seeing a pattern developing with this matter, this slipping out the back door (offering to settle) at the end of the day. The corporate defendants have way too many back doors and windows and escape hatches of one kind or another. Hal is right. We can not depend on any branch of government to help us. At least more of us are beginning to see the light, dark though it is.

        I went to a library book sale yesterday. One of the books I bought was “The Rebirth of America”. It is generally a little too right of center for me but it has a lot to say that all Americans need to hear now. Sadly I do not see any rebirth on the horizon. I see the slippery slope into Totalatarianism…it is insidious, we do not even know it is happening. I wanted to share a short quote from this book which BW was published in 1986. On the Supreme Court:

        “Above the head of the Chief Justice of the Supreme Court are The Ten Commandments, with the great American Eagle protecting them. Moses is included among the great lawgives in Herman A. MacNeil’s marble sculpture group on the east front. The crier who opens each session closes with the words, ‘GOD save the United States and the Honorable Court'”.

        Have these become empty words and symbols, maintained to serve, like religion, as “the opiate of the masses”? I no longer feel that the court is honorable. I have come to believe it serves one master and that is not the people. We have become politicized and that is a good thing. We are waking up. We truly must become warriors. What right did these defendants have asking (demanding) that Jane give them the identities of those posting to her blog. It is clear, is it not, that privacy is our right and her responsibility? And we all know Jane’s record in that regard. In a totalitarian state such requests must be complied with, not in a democracy. We must work to keep our marriages on solid footing and we must protect our Democracy and stop taking it for granted. I am very happy for Ms. Sanchez, overjoyed and I believe it is good news for us all. It is also a sign that to some extent our judicial system is still working. There is cause for celebration. The more these corporations are forced into settlement the clearer it is that it is time to deal with this elephant in the room as a nation. I think it is clear that the FDA needs reorganization. We need to cut its head off and make important changes to how it functions. It has long been known that the EPA is a sham and the Dept. of Homeland Security is far more than that. As I recall it has been folded into that cluster of enties that include the CIA, FBI, DOE, etc. Homeland Security sounds warm and cozy but what is it really? Does it protect you or corporations. Do we really think, all things considered, that it protects us? The settlement in LA is a good thing but we must continue to push the envelope, uncover, protest, report, and talk. The people that you tell about this when you go to the store, the dentist, to play bridge or vacation…they all need to know and word of mouth is very powerful. At this writing I have not yet read all the comments so forgive me for that, I just felt compelled to post something about this now. Take care all,

        Bejah

  31. K says:

    Hal-

    I appreciate all of your input on this site so please don’t stop.. I don’t believe you are on here trying to get us to settle for smaller amounts as you have been accused of from others.

    I thought Judge Goodwin was going to try these cases that are similar 4 or more at a time to stop this from ending up like the asbestos MDL. I think he has more control and power than he is exercising. Once they were getting hit with big losses for 4 plaintiffs at a time this would stop!!! I found this article http://www.litigationandtrial.com/2014/02/articles/attorney/tvm-litigation-asbestos/ very interesting and thought this was the direction the judge was going. The judge has a lot of power in how this MDL runs and I believe he can stop this and move it along faster to a reasonable settlement. If they try the cases 4 at a time and they settle before going to the jury it will hurt a lot worse than settling one at a time. Come on Judge Goodwin you have the power!

    • Hal Lewis says:

      You are precisely right and I am really hoping that this is what Judge Goodwin says is coming on June 3 if the conference on June 2 doesn’t go well.

      BUT… even at 4 plaintiffs per trial… this could drag out forever.

      And because of the limited resources and the math I have done… I just can’t see a conclusion that works out well for us.

      Bad Settlement vs. Bankruptcy. Talk about being between a rock and a hard place. YUCK.

      • msm says:

        To make things more difficult, the mesh MDL’s are not Judge Goodwin’s only responsibility. Mesh MDL proceedings take their place among the other pending actions.

      • marie says:

        Hi Hal. Are multi-plaintiff trials likely, and are they limited to four plaintiffs per trial? Can Judge Goodwin legally start the process immediately? If he can and does, will the case selections be based on his Bellwether rulings or would guidelines change? If I remember correctly, Bellwether plaintiffs meet the following criteria: 1. one product, no multiple implant plaintiffs 2. over 40 and under 60 at time product was placed 3. complications led to three or fewer revision surgeries

      • marie says:

        Hal, with your mention of J&J being a diversified company able to handle a fair global settlement–providing plaintiffs with deserved compensation–do you still see this as unlikely? In your opinion, is a global settlement on the horizon, or will this drag out for several more years? Would you mind sharing your thoughts? Are those with Ethicon products likely to receive just compensation, and how long of a wait can be expected? Thank you for your contributions.

        • Hal Lewis says:

          I think one big stumbling block to a global settlement is the fact that all 3 of the other manufacturers can file for bankruptcy and J&J does not want to do so.

          J&J wants to settle for the same cheap discount that the smaller companies are getting… and of course nobody is letting this happen.

          I expect that the end result may be hybrid resolution where J&J defends these cases for decades… while the other 3 companies set up a global settlement trust and file bankruptcy.

          • marie says:

            Thanks Hal. Are the seriously injured women expecting fair compensation from J&J, particularly within a year or two, likely to face more heartache and disappointment? In all honesty, is there only a small chance of a solid settlement in the near future, and if so, what are your thoughts on the lack of resolve?

            Maybe it’s true that money and reputation always trump morality–that, outside of the cost, large companies don’t think about or lose sleep over those injured by their products–but doesn’t dragging this out for years cost a heck of a lot and also harm their reputations? A decent global settlement would not only put an end to lengthy and costly trials but end much of the negative publicity. Would this not also make the companies appear less money hungry and more aware of their customers?

            Confused as to why any company would want litigation to continue for 3, 4, 5 plus years when 75% or more of the jury verdicts have been in favor of the plaintiffs.

  32. kitty says:

    This is so very sad to hear

    Back in the early 2000’s—- the pelvic sling was our hope. Nurses genuflected the Doc’s that came thru the OR to perform the surgery. Then tragedy struck. Why can’t they admit the flaw??

    • kitty says:

      What is so sickening is the arrogance—–continuing to implant this via our V J J’s. This MDL is all about women

  33. me says:

    Sorry again! HALF that was meant for you.lol not half!

  34. me says:

    If they filed bankruptcy do they have to stop selling mesh slings? There is an upside…it may not be in my pocket but it would stop them..

    • msm says:

      Unfortunately, they just sell it off to another company or change the brand and keep going after they “reorganize” through the bankruptcy courts. Jury verdicts and settlements, regardless of size, will NOT make a change to the production and sale of mesh.

      As long as someone will buy it, someone will sell it. As long as someone can make money using it, they’ll continue to buy it. The only surgeons using mesh today who will stop, are those whose concern is for PATIENTS OVER PROFIT. The majority of patients will either not know that mesh is used (until it’s too late), trust their doctor completely, or believe that they will be one of the percentage who are lucky enough not to have problems.

      The ONLY thing to stop the sale of mesh is for the FDA to recall it all…permanently ! Not pending further study the way Scotland did.

      • Bejah says:

        And is it not true that what they can no longer sell here they sell in poor African and South American countries?

        Bejah

    • Barb says:

      Concerning companies involved in these mesh cases!! I would not be concerned about any of these company’s filing bankrupt!! If these manufacturer’s like AMS/ENDO has already set aside monies to settle all cases will not be bankrupt. Just like Doctors hospitals have malpractice insurance these companies also have to have some kind of insurance similar, I am hoping as Judge Goodwin is telling them do the right thing and settle however unfortunately J-J maybe the last to do his. I know when my attorney firm reached along with a couple other firms the agreement with AMS/ENDO they stopped taking clients!

  35. justme says:

    If your attorney has not contacted you in a year or ever, since you filed your complaint with their firm, then you don’t have a legit case filed. Your case is a mere filing docket number with the court.

    Some law firms even claim clients that are NOT theirs. And yes, this too is true.

    It is a lot of work to file a case. A lot of work for you and for your attorney’s office and staff. The firms that have filed accurate and justified cases with the court are all exhausted by now, and have a lot invested professionally at this point. Winning is so much more than just receiving money. It is also about justification. The mesh company did you wrong, the attorneys can prove it, and the courts and jury have mostly agreed.

    If the defendants asked for a copy of your case tomorrow, would your attorney be prepared? If not, the case could be dismissed forever.

    Better check the SOL on your case. It may have ran out. Never wait over a few weeks after filing a mesh case with an attorney to check on the status of your case. If no progress has been made since you filed, you may want to terminate your contract with them after you find a new qualified mesh attorney to take your case. It is difficult to fire your attorney and start over, but it can be done. More of a hassle that never ends. You have to do the same thing over and over, but if you don’t, you may not have a case.

    I am not an attorney and I speak from research and experience and this is based on my own opinion. .

  36. kitty says:

    I believe we should wait and see how things go June 2. If thimgs go south on June 2—then it’s time to go to DC.

  37. Lisa (Florida) says:

    It takes action to get a reaction! Just A Reminder;

    The next MAM Rally will be in Charleston, WV for the Status Conference Ordered by Judge Goodwin on June 2, 2015. Please let me know if you will be attending or if you need help getting there. We will do all we can to help. This is a very important day, all the decision makers from both sides will be there at that time. Lets stand together in peaceful support outside the courthouse and remind them that we are victims, not just case numbers.

    It’s time to DO something… and the time is now

    Please join us

    • kitty says:

      I’m concerned that June 2 could backfire. Plrase advise

      • Barb says:

        I think reading too much media can also lead so many questions and doubts, only listen to your attorney firm they are the ones who really know the facts!! Even though everyone has their own opionion and Jane does a great job however there may be certain things that are put in our legal paper’s privacy!!

  38. Bejah says:

    I just came across this and thought it might be interesting in view of recent discussions;

    Why The Transvaginal Mesh Litigation Won’t Become A “Black Hole” Like Asbestos

    The transvaginal mesh litigation has for some time been the largest medical mass tort ever, at least as measured by filings in the federal multi-district litigation (MDL), which is currently being handled in the Southern District of West Virginia. There are over 42,000 cases in the MDL — more than the combined total of cases ever filed in the Prempro MDL (9,761), the Yasmin and Yaz MDL (11,423), the Vioxx MDL (10,319), and the DePuy ASR Hip Implant MDL (8,900). (See this chart under “Total Actions.”) Add to that the over 6,000 mesh cases pending in New Jersey state court, and numerous cases filed in other state courts, and there are nearly 50,000 transvaginal mesh claims pending in courts across the country against six different manufacturers.

    So what are the courts supposed to do with that many cases?

    There’s no shortage of inventive (and often problematic) suggestions for how to resolve mass torts cases, ranging from ‘offensive collateral estoppel’ to ‘statistical sampling of verdicts.’ (Naturally, defense-oriented interests are quite fond of coming up with “solutions” that are merely veiled ways either to drag the litigation on forever or to put insurmountable pre-trial barriers in front of plaintiffs.) But the only tried-and-true method is the one I mentioned a year and a half ago in “How Judges Can Settle Mass Torts Cases:” “defendants and their insurance companies don’t willingly make reasonable settlement offers. The only thing that brings them to the table is the immediate threat of trial. If judges want to resolve these cases, they need to move them along to trial.”

    But when you’re talking about 50,000 medical device cases, that’s easier said than done. The federal courts conduct fewer than 3,500 civil trials each year.

    So where can we look for guidance? The closest analogy to the transvaginal mesh litigation is the Diet Drugs litigation, which had roughly 20,000 claims filed in the federal MDL and about 12,000 filed in Philadelphia’s Complex Litigation Center, making it about three-fifths the size of the transvaginal mesh litigation. But some of the lessons learned there might not help us here, because that litigation was comparatively less complicated: the litigation was against a single company (Wyeth), and it involved products that the company had at least implicitly admitted were defective by way of withdrawing them from the market. In the transvaginal mesh lawsuits, however, there are four different major defendants — Ethicon, C.R. Bard, Boston Scientific, and American Medical Systems each have thousands of cases filed against them — and, not only do the defendants adamantly maintain that their products are perfectly fine, but many of the products are still on the market. There’s thus a potential, perhaps even a likelihood, for this litigation to grow endlessly as only a handful of claims are resolved each year while hundreds, potentially thousands, of new claims accumulate each year.

    That scenario raises the question: is the transvaginal mesh litigation headed towards the same “black hole” in which the over 180,000 cases in the asbestos MDL sat for nearly thirty years? If so, how do we get out?

    Via Amaris Elliott-Engel and TortsProf, Judge Robreno of the Eastern District of Pennsylvania — who successfully moved the asbestos MDL from a so-called “black hole” where cases lingered for years to an efficient MDL that resolved thousands of cases — just published “The Federal Asbestos Products Liability Multidistrict Litigation (MDL-875): Black Hole or New Paradigm?” in which he describes the long, painful process in which the federal courts continued to accumulate stagnant asbestos claims, and how MDL-875 was able to move forward with procedural changes that swiftly moved the cases through the MDL and towards trial.

    There’s plenty of useful lessons there for current and future MDL courts. I was elated to see Judge Robreno address head-on the disturbingly common view that an MDL judge is somehow personally responsible for resolving the whole litigation through summary judgment or a handful of bellwethers: “As a matter of judicial culture, remanding cases [to local District Courts for trial] is viewed as an acknowledgment that the MDL judge has failed to resolve the case, by adjudication or settlement, during the MDL process.” As Judge Robreno rightly notes, “That view, together with the business model of aggregation and consolidation of cases for settlement, interfered with the litigation of individual cases in the MDL court,” and thus he concludes: “The objectives of the MDL process are best served by a commitment of the MDL courts to address pretrial issues, but promptly remand cases to the transferor court once the goal of addressing pretrial issues has been achieved.”

    Hallelujah! If judges want to resolve mass torts cases, they need to keep an eye on discovery disputes, finish discovery, then move them all along to trial. But the devil is in the details — how do we get 50,000 transvaginal mesh cases to trial? And do we really want to hold 50,000 separate transvaginal mesh trials — e.g., do we really need to hold, in each case, two weeks of the same general liability testimony before we get to the specifics for each plaintiff?

    The asbestos MDL had numerous problems that were obviously unique to asbestos. Plaintiffs often filed claims against dozens of defendants – sometimes rightly, because the plaintiff had in fact been exposed to asbestos from a variety of sources, and sometimes wrongly, in the foolish hopes that peripheral defendants would it at least contribute a nuisance value towards settling case – many of which defendants went bankrupt at some point during the litigation, complicating matters further. There also seemed to be a surprising number of cases filed that the plaintiffs’ lawyers had no intention of truly pursuing, because the cases were dropped as soon as they were asked to support the claims with medical documentation. (For all the tort reform-minded readers who just thought to themselves “that proves trial lawyers business model involves frivolous lawsuits,” stop and reflect upon the fact that the plaintiffs’ lawyers in those cases were never paid.)

    Those same systemic problems will not be found in the transvaginal mesh MDL. There are only a few potential defendants, all of which are solvent, and the MDL’s pretrial orders require every plaintiff to swiftly serve on the defendants information from their medical records specifically identifying the implanted product in question. Then, within two months after filing and serving the complaint, the plaintiff also has to serve a detailed plaintiff profile form (as an example, here’s the Ethicon form) that identifies, among other issues, all the symptoms they’ve had, and whether or not they had the mesh revised or removed — and, if so, they have to identify the doctor and the hospital involved. They also have to identify their primary care physicians, OB-GYNs, urologists, psychiatrists(!), psychologists(!), endocrinologists, and rheumatologists, and then sign authorizations allowing the defendants to obtain their medical records.

    Even beyond that detailed information, on an individual case basis, the transvaginal mesh cases are easier for defendants to evaluate for settlement purposes than asbestos cases. Defendants don’t need to, say, go through 40 years of a plaintiff’s work history to see where they may have encountered asbestos, or to have a doctor examine each plaintiff’s biopsy slides to see if they really show signs of mesothelioma or silicosis. As much as Defendants like to reference Lore v. Lone Pine Corp., 1986 WL 637507 (N.J. Super. Ct. Nov. 18, 1986)(an order from a chemical exposure case which required each plaintiff get their own experts early in the litigation) as a panacea for all litigations because it dramatically increases the costs for the plaintiffs, truth is, in the transvaginal mesh MDL, most of what the defendants would want to know to generally assess the case is right there in front of them within 60 days or so of the lawsuit being filed.

    So what’s the holdup?

    The bellwethers. As Judge Robreno said, there’s a strong sense among judges and lawyers that the MDL court is supposed to whip up a resolution to the litigation as a whole, and the preferred method is by way of “bellwether” trial, in which a handful of cases are cherry-picked for trial in the hopes that the results of those cases will encourage settlement by showing the parties how these cases fare at trial. It worked in Vioxx, which in the mass torts world is almost as good as saying the Supreme Court requires it.

    But the bellwether process isn’t perfect. Consider the law review article “Jackpot Justice: Verdict Variability and the Mass Tort Class Action,” which summaries a variety of options for resolving mass torts, eventually recommending the bellwether trial process, i.e. “individual litigation with multiple individual trials, the verdicts of which would be used to develop accurate claim values that could be used for broad-reaching settlements that would reduce transaction costs.” But what if the defendant doesn’t want to enter into “broad-reaching settlements?” What if they want to fight the cases forever, picking off a couple good bellwethers with settlements and then litigating all the others until the end of time? The big drug and medical device companies can often do that with impunity, like Roche has been doing in the Accutane cases.

    Sometimes the bellwethers don’t tell us much anyway. The Ethicon case that was just tried is a perfect example: I wasn’t involved in that case, but, as best I can tell from the filed papers, the case involved a plaintiff with several comorbidities (like morbid obesity), who, prior to the implementation of her mesh, had already undergone two failed bladder surgeries to treat stress urinary incontinence. Her implant was removed, and she has largely returned to the problems she had before. Judge Goodwin dismissed the whole case for a lack of scientific and medical evidence before it was even submitted to the jury. I disagree with many of those rulings, but the essential point is: that case — which any mesh plaintiffs’ lawyer would have readily admitted was weak and unlikely to prevail — did little to move either me or the lawyers for the mesh manufacturers closer to settlement.

    On February 19, 2014, Judge Goodwin saw the light. He must have realized that the rest of his tenure was going to be devoted to trying transvaginal mesh cases, with no end in sight, and so he entered Pretrial Order # 78 in the Boston Scientific cases, which consolidated 11 Obtryx cases together for a single trial.

    That simple shift — grouping together a couple plaintiffs for trial where the evidence against the defendant will all be pretty much the same — is how to avoid the black hole. There’s no reason that those cases need to be tried separately: Boston Scientific didn’t do a thing differently with regard to any of those 11 women, and they’ve been delaying the litigation for too long by demanding, like Ethicon and C.R. Bard and American Medical System, that the litigation be resolved by way of 50,000 individual trials. There’s no sound reason for the courts to force each plaintiff to individually reinvent the wheel at trial; it’s just another delay tactic.

    As Judge Goodwin saw, the solution for the transvaginal mesh conundrum is to hold consolidated trials, and that’s what’s finally going to move the litigation closer to a resolution.

    Attorney Max Kennerly

    Bejah (Sorry I should have provided link…)

    • Hal Lewis says:

      Bejah:

      Please read my previous article:

      http://meshmedicaldevicenewsdesk.com/the-difference-between-hope-and-despair-same-facts-different-way-of-telling-a-story

      The author of that article is entirely correct, but he glosses over the money issue by simply saying that all of the mesh manufacturers are “solvent.”

      Well, guess what? All of the asbestos manufacturers were “solvent” too. They were all making a lot of money selling asbestos and had insurance policies in place.

      BUT… then the numbers became overwhelming.

      Just as they have in this situation. The number of mesh lawsuits has DOUBLED even since that article was written.

      So while people are free to call me a “Negative Nellie”… sometimes they need to realize that not everything in the world can be seen in a positive light.

  39. me says:

    Thank you Bajah- this lends more hope to us all. Ha has painted such a glum picture in my head that I was feeling hopeless and panicky. ..pray …Thank you Max Kennel whoever you are!!!

    • Bejah says:

      So happy you are feeling better, Have you noticed that hope is very persistent and even when we feel like giving up, physically, emotionally, and spiritually exhausted, that deep exhaustion that can not be explained,,,hope still endures. It must be a gift.

      We are a community and we all have varied opinions, perspectives and that is important. I do not want to live in a world where there is not a variety of discourse. I value Hal’s commentaries just as I value almost everyone else’s…I was going to say that sometimes there are people who post disjointed comments that suggest their personality is falling apart but we need to allow them to express their feelings. Some of the ships in our convoy are faster than others and some are slow but we must stay together. Beware of those who try to cause division.

      Don’t be discouraged because of one person’s coments. Rejoice in our diversity and keep reading…you will find encouraging words, discouraging words and lots of confusion and questions. Be steadfast and informed and tolerant of our more colorful characters. They have feelings too.

      Bejah

    • cece says:

      Max is with Beasley Law firm In Philadelphia

      My father was one of those asbestos cases who sued Johns Manville. Yes they went bankrupt which made life hell for the victims. My father was on the top tier and he only received about $40,000. His lungs were gone, he was on a breathing machine and the last years of his life he could hardly walk without being out of breath. The money never helped him and he suffered.

      It is true the law firm gets about half but what was a windfall for us was my mother died a few years after my father the Law firm contacted us that there was another small check and as heirs we had to reopen our fathers estate and then pay an attorney to do all that work. We got a 1700 check (Originally it was for over $3000 but the First Attorney took their share) then we had to pay the 2nd attorney to reopen the estate to end up with about $1200.

      These companies that file for bankruptcy are shrewd and heartless. Just remember your life does not matter to them. You are just a number. I saw that with my Dad, he was working class and poor all his life. He was on disability at 55 and died at 69. The little money he got came to late, much to late, all he could do was sit in his rocking chair with his breathing machine and watch TV and that was what he bought with some of his money a TV. I miss that man.

      Now here I am following in his shoes but with Mesh. I wonder if I will be waiting like him, only it too will be to late.

  40. Hal Lewis says:

    I give up.

    Really, I do.

    No matter what facts some people are presented with, they have convinced themselves that this is going to end up like an episode of Oprah:

    “You get $5 million! You get $5 million! Everyone gets $5 million!”

    The word “optimism” doesn’t even begin to cover that type of outlook. “Irrational Exuberance” would be a better phrase to use.

    Sunshine, pixie dust fairies and rainbow-colored unicorns everywhere!!

    Who needs lawyers? Those greedy bums. Let’s just TELL them to pay us each $5 million or we will write to our congressman.

    Reality bites. It really does.

    Do I wish more than anything that there was some way to give everyone the $5 million they deserve? YES!

    There’s 100,000 cases files… so let’s see…

    I only need to check under the couch cushions at Johnson & Johnson to find the spare FIVE HUNDRED BILLION it would take to get things done to perfection.

    Compare that number ($500 Billion) to how much has been paid out TOTAL OVER 30 YEARS with asbestos ($17 Billion) and then you might see how ridiculous that looks.

    • Barb says:

      Don’t give up Hal!! I’m hoping no one thinks they will recieve millions here, that’s just not going to happen! What I see from posting is people saying I’m not taking $30 000. $40, 000 ect however what they don’t seem to understand is we have to be our own advocate, make sure we have all documation proving all is related to mesh issues. You will alway’s have those who feel entitled to a cash in day but in reality in an MDL is much quicker, easier these attorney’s are working their butts off and if your contract is 40% then stop complaining!! Mine is only %33……………if you all want your cases heard in court because you want or think your going to walk away with what’s been awarded, think twice!! Just the cost of trial, picking juries, there is only so many days allowed, and having 4 woman go to court at a time wonder if you lose!! At least in an MDL we don’t have to expose any more of our bodies for the world to hear, we wouldn’t be examined by how many the Defense Doctor’s request and the doctor’s working for the manufacturer are PAID to say they found NOTHING!!

      Hal I wish at somepoint there are enough people that place complaints so not only the woman of the mesh compensated but you men deserve the same!!

  41. K says:

    Hal,

    When I mentioned above Judge Goodwin having the control to move these trials along faster by trying 4 or more at a time it would probably put the pressure on J&J to settle the MDL for a reasonable amount. I still say he could make this happen sooner and there wouldn’t be a hybrid resolution. I think no matter how you look at it Judge Goodwin can and should have control of the MDL and make this happen and it is his responsibility to do so. It is his courtroom and he can put the pressure on J&J. I do think he is a reasonable man and has been very patient with them. Do you really see this being a hybrid resolution or do you think he will take control of the MDL? I hope that is what he does after the status conference June 2nd.

  42. msm says:

    The article above describing the “black hole” of asbestos litigation in contrast to mesh litigation was released in February 2014 and notes that 42,000 cases were filed in the mesh MDL’s at that time. The asbestos MDL saw over 192,050 cases filed, only 1503 are still pending (does not mean that claims have been paid). In 14 months, mesh MDL’s have seen an increase of nearly 75% with over 74,000 cases filed (and growing). That gives us on idea of how quickly the whole situation is evolving.

    In the asbestos MDL, over 100 companies declared bankruptcy, not because of what they were ordered to pay, but because of what they MIGHT have to pay as they saw the possibility that the cases filed against them might result in million dollar rewards as occurred in previous cases (bellwethers). Some (if not most) of these “bankrupt” companies are major businesses that are still doing business today under the same name as if nothing ever happened (except that they stopped selling the products that are listed as banned.)

    So to contrast asbestos and mesh (take from it what you will) :

    ———————————————–

    Asbestos cases 192,000

    Mesh cases 74,000 (and growing)

    ————————————————-

    Asbestos manufacturers >100

    Mesh manufacturers <10

    ———————————————————–

    Multi-million dollar verdicts have occurred in both.

    ————————————————————-

    50+ countries have banned the sale of asbestos products.

    The U.S. Congress, however, found that a full ban was not economically "reasonable" despite pleadings by the EPA.

    0 countries have fully banned mesh products for use in medical procedures.

    The U.S. Congress will not yet investigate the possibility of harmful effects of mesh. Mesh is still being erroneously called the "gold standard" for some uses and the FDA is continuing to turned a blind eye to the overall detrimental effects of PP mesh.

    —————————————————————-

    Asbestos was determined to cause an otherwise rare cancer called mesothelioma. Mesothelioma, with a latency period of 10 to 30 years, has a 40% survival rate after 1yr and only 8% three years following diagnosis.

    Diseases and injuries caused by mesh are still being discovered, are wide-ranging, and some can have other causes. The survival rate is much greater than with Mesothelioma.

    —————————————————————-

    Asbestos – full media coverage

    Mesh – no media coverage

    —————————————————————

    (prejudiced but significant)

    Asbestos – mostly male

    Mesh – mostly female

    —————————————————————-

    One could say that mesh victims have a daunting task in front of them to achieve a favorable outcome.

    • Hal Lewis says:

      Exactly.

      And by “favorable”… he means an outcome where every victim gets something WITHOUT having to wait 20 years and WITHOUT having to spend $300,000 to litigate their own case.

      He does NOT mean an outcome where everyone gets what they deserve.

    • msm says:

      To clarify, the number of cases I have listed above is ONLY for the MDL’s in the WV court under Judge Goodwin.

      There are many more cases nationwide and far above 100,000 worldwide. All are against 7 manufacturers regardless of where the case is filed or in what country the manufacturer is based.

  43. K says:

    Hal,

    I have and do see what you are saying so don’t give up and please continue to participate in the discussions. Not all of us think you are being negative Nellie and appreciate your input. I for one am greatful for my attorney who I don’t have to pay unless I win my case. I wouldn’t have been able to hire an attorney and pay them as it went along until settlement.. I also understand the amount of work it takes to get all of these cases ready for trial.

  44. justme says:

    Dear Hal,

    Some of us hang on your every word and we truly appreciate your time and effort and your opinions. Please do not stop writing. Not everyone who comes to this forum or post comments is a mesh patient, nor do they want to help mesh patients, right? And we don’t really know who they are, correct? So, if they get you frustrated, discourage you, and shoot you down, they did their job.

    I need you. Thank you for being here.

  45. Richard Howden aka All Meshed Up says:

    MSM- How can you say with certainty that the majority of Mesh Injured are women? On this Forum, yes but there are so many Hernia Mesh recipients going back longer than ANY Gynecological mesh was ever on the market.

    Women are the one’s that are getting the attention now while Hernia Mesh Victims have been forgotten and ignored. I am sick and tired of Hernia Mesh Victims being forgotten not only on this Forum but in the rally’s that are supposed to be for Mesh Victims but are dominated by women who only think of their mesh instead of ALL of the people that have Mesh Injuries. We are minamalized, ignored, forgotten and when the time comes that someone is able to talk to J&J or a Congressman, no one remembers Hernia Mesh Victims. It seems that everyone believes Hernia Mesh is a man’s problem when Hernia Mesh has been used on men and women alike. You and others believe that because it is Hernia Mesh that we are not in pain, cannot work, cannot have sex without pain because all of those symptoms for some reason are yours to suffer only and as such we, the Hernia Mesh Injured, are continually ignored and forgotten.

    For years I have written about ALL Mesh Victims, men, women, Hernia Mesh and Gynecological Mesh, just as Bruce Rosenberg has. But time and time again, when it comes to protests or talking about the suffering of a Mesh Victim we are NEVER included. And I am damn well sick of that one minded thought process.

    I am in continual pain, sex is very painful, I have mass scarring all over my lower abdomen and there is NOTHING that can be done for me. I am not alone in this as a Hernia Mesh Victim. We are not being represented or able to get into Court as you women are now. And most likely we will not because of Statute of Limitation by the time someone realizes that we Hernia Mesh Victims have been implanted with the same material as you were. But no one gives a damn about us. And it is shown time after time after time. Thanks.

    • stopmeshimplants says:

      Mesh is mesh. Doesn’t matter the gender of the victim. It is not discriminatory. It harms all of us. Richard, I am so sorry you are frustrated and I understand how maddening this must be for you. Please understand it is not my intent to leave out the thousands of you who have experienced your own hernia mesh nightmares. I tend to focus on the women transvaginal issues because that is all I know. I know you suffer too and we really are in this nightmare together . I am sorry….

      • Bejah says:

        Maybe we should try to speak of mesh injured people rather than mesh injured women. I don’t think anyone in this community would knowingly use terminology that excluded you or excluded men or other human beings. I would implore Richard to consider the intent of what is said rather than the words chosen. I am sure we all feel for you. I do. I have a family friend whose adult son was implanted with hernia mesh. I told him to go to Jane’s website and read. His father is a doctor who is very defensive about mesh! Remember we (women) have husbands, sons, brothers, etc. who have hernia mesh in many cases. We can not assume an us vs. them posture or we are lost.

        Bejah

    • msm says:

      My absolute DEEPEST and sincere apologies, Richard. I was only referring to this MDL as compared to the asbestos MDL. I’m not sure where to find the stats for the hernia mesh. If you have them, could you please post them. It would be interesting to see the combined stats. Of course, HERNIA MESH INJURED MUST BE RECOGNIZED ! especially since they have been pushed aside for such a long time. Again, I really am sorry.

  46. addison says:

    Hello Hal. Thanks for your ongoing involvement and legal expertise. Could it be that J&J is waiting for the statute of limitations to run (out) in all or most states prior to configuring a global settlement? Would a company do this as to get a better grasp of the situation and financial impact?

    You once mentioned the possibility of negotiating individual settlements. Can this be done at any time regardless of multidistrict litigation? It has been reported that small groups of women have received settlements. Is it likely some individual cases have also been resolved outside of court, and are only small firms willing or able to work on such negotiations?

    • Bejah says:

      Someone mentioned going directly to the defendant in their case themselves to negotiate a personal deal. I think that was foolish, and in a way I felt that person, assuming this is a true tale, turned on us. Is that what you are thinking of doing? You seem to me like a gentle soul, a gentleman, and intelligent. Do you really want to negotiate with Satan’s minions on your own? I think that very unwise. Law firms that handle these cases are very experienced and well informed. If you are with an honorable firm I would humbly advise you to stand your ground and remain in the safe keeping of your counsel. I know you are anxious to have it over with, we all are. Remember, “patience is a virtue”. Maybe you should pray on the matter if you have not already. You do not need to pray to a higher being, just pray.

      Bejah

      • addison says:

        Hi Bejah. Several weeks ago, my husband and I read a comment regarding these negotiations. We have also read about specific settlements — those that appear to have been negotiated by the women’s initial counsel. We just wanted to ask Hal’s thoughts on why this occurs and if ever a good idea. Here is an article regarding one such settlement: http://www.drugwatch.com/2015/02/13/jj-mentor-settles-111-vaginal-mesh-cases/

      • addison says:

        We agree, Bejah, that going outside of one’s counsel — contacting or trying to negotiate with a company — is unwise and not in anyone’s best interest. Also, plaintiff attorneys ask that this not be done, and clients should respect their representation. My apologies for not being clear enough; I was referring to the group and individual settlements and negotiations we’ve been hearing of in recent months.

      • Barb says:

        I fully agree with you Bejah, A one person taking and going directly to the manufacturer first if he has an attorney and this is found out I think the attorney would drop immediately!! Plus there not going to respond to just a person who is complaining about their issues!! Very Stupid Move

  47. Bejah says:

    Anyone who, like me, needs to know more about settlement may want to read this. I have included the link and an excerpt. Bejah

    A settlement does NOT mean the case is settled. It is an OFFER on the table with certain requirements that must be fulfilled or the offer is null and void. In the mesh cases… 95% of women MUST agree to the settlement… or that offer can be rescinded from anyone not agreeing or everyone… and they have 120 days to get settlement signature releases. In the case of the $54 million AMS settlement, the exact clause says:

    “Claimants Counsel agree to obtain an executed Release from a minimum of ninety-five percent (95%) of all Claimants which shall include one hundred percent (100%) of the Required Release Filed Cases (the “Distribution Threshold”). In the event Claimants Counsel meet the Distribution Threshold within one hundred twenty (120) days after the Effective Date, AMS will not receive the return of any Individual Allocated Amount (as defined in Paragraph IV.L.). Claimants Counsel will continue to employ their best efforts to obtain an executed Release from 100% of Claimants following expiration of the 120-day period.
    In the event Claimants Counsel fails to meet the Distribution Threshold, within the earlier of the date Claimant’s Counsel declares all potential Releases have been received or one hundred twenty (120) days after the Effective Date, then AMS shall have the option of (i) voiding the entire Agreement and receiving in return all money deposited in the Settlement Fund, along with all accrued interest, within fifteen (15) days after such deadline or (ii) accepting the Releases provided and receiving the return of the Individual Allocated Amount (defined in Paragraph IV.L.) for only those Claimants below the ninety-five percent (95%) Distribution Threshold, plus the pro rata share of any accrued interest, within fifteen (15) days after such deadline.”

    [Sorry Bejah, I edited out your link to an unreliable website that gives legal advice which is uninformed, in my opinion].

    • msm says:

      Also, for those interested in exploring even further, here is the link to the complete Master Settlement Agreement as filed with the SEC for the June 2013 AMS settlement.

      http://www.sec.gov/Archives/edgar/data/1100962/000110096213000038/ex10144meshsettlementagree.htm

    • Bejah says:

      I understand, I would not have posted this at all had I read further, I’m thinking some commentary on that site seems to demand a response in the form of a defamation of character action. At the very least it is unprofessional and profoundly inappropriate. Do not know the source. Sorry for that.

      Bejah

    • Barb says:

      So far BEJAH only 4 woman between my 2 attorney firms have not sent papers in!! I asked this question the attorney’s said if it’s in the media not to listen, they said they were told nothing of the sorts by AMS/ENDO!! So whether they get the so called percentage they have set aside $1.6 billion……………..AMS/ENDO will have no idea how many have agreed they just want these cases settled asap!!

  48. Kitty says:

    Hal I am a dreamer and prefer to believe Beja’s most eloquent writings. Hope springs eternal. But Pragmatism is definitely more L brain and I need to hear you.

    • Bejah says:

      Gee, thanks Kit. We need to have right brain and left brain folks and even some who do not have their feet firmly planted on the earth to have a healthy community, don’t ya think. Meeeowwwww. 🙂

      Bejah

  49. Kitty says:

    Bejah the MDL is all about women., sorry

  50. Mesh Nightmare says:

    I tried all afternoon to find studies/research re: comparison/contrast of male hernia mesh and female vaginal mesh. I could not find any. Could it be that while both hernia mesh and vaginal mesh are propylene mesh with adverse side effects, one is implanted through the female vagina for prolapse and the other is in through male abdomen for hernia?

    • Bejah says:

      Maybe Bruce or RIchard could help us with that question. I think we should all be aware of whatever stats are available for hernia mesh surgeries in men. My sense is that men are likely to be silent about such things and may be embarassed. I find that often they hold things “close to the chest” as they say. I would check Bruce Rosenbergs website to start.

      I hope Richard will weigh in. I worry about Richard because intense anger and pain and sorrow can alter one’s personality over time.

      I guess that is true for all of us. I experience an ebb and flow in this and when, for example, the pain escalates I fear I am dying or the mesh has, with its hellish blades pierced an organ or artery but I take more pain medication and find I am still alive. It is odd to wake up in the morning to find you are still alive. I never thought I would experience such a feeling but then I never expected a lot of things.

      I would like to know how many men have suffered from hernia mesh implantation and for how long this has been going on.

      Bejah

      • Barb says:

        That would be a great question BEJAH!! We all have sympathy for anyone MEN included I can only imagine the pain and suffering and how it’s changed their lives!! Remember all LIVES MATTER!! To all the men who suffer in silence I’m truly sorry, if we can do anything to help y;all out PLEASE let us know. Your right this has all been focused on woman however we need to understand and let men also vent, tell their stories, the pain, what their everyday life is like……I wish there was an electronic page we could sign and really did our toes in the sand!!

  51. AllsortsofMeshedUp says:

    Well, I’ll be undergoing another surgery however, they are calling this a procedure because my bladder hurts all the time now. This will be the 5th surgery. Besides my permanent nerve damage (extreme pain), livedo riticularus (spck) worsening incontenence not being able to have sexual relations with my husband, sitting on a heating pad most of each day not to mention my hair falling out etc., my bladder has become increasingly sensitive and now sore to touch having a lot of bladder pain when urinating. Which worsens at night, and now I don’t get to sleep until the wee hours of the morning around 4:30-5:00 am. So my husband who is retired now lets me sleep until I wake up about 11:00am sometimes later.

    My pelvic specialist is doing a cystoscopy with hydrodistention to check me for IC now as he says he’s seeing this more and more in women that have had these TVT slings and Bladder slings. He’s also going in laproscopically to see if there is more mesh eroding anywhere that he couldn’t remove before but could get to now. I’m in tears as I swore I wasn’t going to go under the knife anymore no matter what but he said it is necessary. I had the TVT-O Ethicon. It’s ruined my life as many of yours and I feel so sorry for my husband. I’m only 47 and wear pads and smell like pee no matter how much I cleanse myself or change pads. It’s so embarrassing.

    These bellweather trials are moving way to slow and I’m going to see if the lawfirm I am signed up with can move mine to our jurisdiction and get things going. We’ll all be dead at the rate this are getting done especially Ethicon/J&J cases. Sorry to bit** and moan. But it’s so frustrating. I know many of you feel the same way. Initially my pelvic floor specialist removed all he could “safely” remove he said. But I feel it inside of me and I know it’s causing more and more damage. I’m praying for everyone that’s going through the same thing and also pray this mesh gets taken off the market.

    • Jane Akre says:

      All- Would it be possible for you to endure a more complete removal of the TVT-O? You would need an expert to do so, someone who does this all the time and hope it doesnt cause more problems. Your description of your life now. It is heartbreaking. I’m so sorry. contact me and we’ll try to find a doc in your area janeakre@meshnewsdesk.com

  52. Richard Howden aka All Meshed Up says:

    Thanks mucho kitty-cat. I know THIS MDL is about women! I am refering to the post after post that refers to just women who are suffering as if this is all about women when there are many women who have been implanted with Hernia Mesh before you ever got Gynecological Mesh! There are tens, if not 100’s of 1000’s of Hernia Mesh Victims but we are NEVER mentioned or acknowledged when there is a protest or the chance of talking about ALL the people that have PP Mesh.

    And as far as Hernia Mesh placement, it is placed on top or inside the abdominal muscle to reinforce it. What happens, and this happened to me, is the Mesh crumples, twists, breaks apart and takes everything around it as it goes. I lost a big chunk of abdominal muscle and my right testicle. I lost it not because it was dead but because the nerves, which the Mesh tore away, were damaged and the pain was so bad that I ELECTED to have it removed so I do not have to endure that pain, also. Prolene Mesh in particular is installed next to the Inguinal Nerve canal and is anchored there. My right leg, even as I type this feels hot, sweaty and slightly numb. I have stabbing pains through my right side and up my chest. My right abdomen is bulged out 4 inches because of the scar tissue. There are 6 titanium tacks grouped up around my Femoral Artery that are too dangerous to remove because of it’s proximity to the artery and I could bleed out on the table. I live every day with the possibility of the Bard/Kugel Mesh with the Plastic ring breaking and I will never make it to the Emergency Room, again, because I will bleed out. Do any of you women live with that possibility?

    So get off your high horse Kitty-cat! There is a lot to being a Hernia Mesh Victyim that you have no idea about. You don’t hear me crying all the time and I have been like this coming up to 9 YEARS! I try to help ALL Mesh victims with information I got because I have been living that for almost 9 years. And there is NO waythat I will ever be as I was before the Mesh. And unfortunately, that is what ALL Mesh vitims have to live with. I know this. And now, so do you.

  53. Bejah says:

    I found something else that may be of interest to us. It appears to be a white paper written by a Stanford Law School researcher/Professor. She addresses issues with what she refers to as “Settlement Mills”.

    INTRODUCTION

    Over the past three decades, no development in the legal services industry has

    been more widely observed and less carefully scrutinized than the emergence of

    firms I call “settlement mills”—high-volume personal injury law practices that

    aggressively advertise and mass produce the resolution of claims, typically with

    little client interaction and without initiating lawsuits, much less taking claims to

    trial.2 Settlement mills process3 tens of thousands of claims each year. Their ads

    are fixtures on late-night television and big-city billboards. But their operations

    have been largely ignored by the academic literature, leaving a sizable gap in what is

    known about the delivery of contemporary legal services in the United States.

    This lack of attention is somewhat surprising, for scholars have long sought to

    understand how and why cases settle in the civil context. Research to date,

    however, has focused on a very small subset of disputes. On-the-ground studies

    of settlement have traditionally focused on the resolution of filed cases4—even

    though it is well understood that a very small percentage of injuries or disputes

    ever culminates in a lawsuit.5 Likewise, Robert Mnookin, Lewis Kornhauser,

    George Priest, and Benjamin Klein, among others,6 have crafted well-developed

    and widely-accepted theoretical models of civil settlements. But these models

    assume that bargaining takes place “in the shadow” of trial—and, as we will see,

    many negotiations do not. The settlement of routine personal injury claims,

    especially when no lawsuit is initiated and trial is not a realistic alternative,

    remains poorly understood. (Continued on website address).

    Reference data

    Run-of-the-Mill Justice

    NORA FREEMAN ENGSTROM*

    https://www.law.stanford.edu/sites/default/files/publication/259631/doc/slspublic/Engstrom.pdf

    The paper is about 65 pages, FYI

  54. Richard Howden aka All Meshed Up says:

    I have a lot of typo’s in my last post but I hope you get my “drift”. I do not care one way or the other whether you care, get it or do not, Kitty. Your posts have been informed and for the most part, balanced, but do not think, because I am “male” and have Hernia mesh x 2 that I do not suffer from Hernia Mesh or that I am the only one. Ask Bruce Rosenberg about the Hernia Mesh that covers most of his abdomen. Mesh, that if it can be removed, would literally have to be “PEELED” from the muscle that it was laid down upon, and will do so much damage that he would be totally disabled.

    This entire system of mass Mesh installs has done so much damage to people that there is no way to completely get a count. The FDA’s own MAUDE data base that is supposed to be able to track this, cannot.

    We should be protesting ALL Mesh. Not just Gynecological. You women now have the ability in Court to get some compensation, recognition and hopefully retribution. We, the Hernia Mesh Injured have not. I am just trying, again and again to make it plain and simple that this should not just be about women with Gynecological Mesh. We, the Mesh Injured have all been injured by Mesh and have been Guinea Pigs for the Manufacturers. If you and the other women who now protest Gynecological Mesh would realize that all of us together as a group, would be much better off against the manufacturers of Mesh, we would get much better publicity. And maybe we would get the FDA’s attention, too. But I am just another man with a Hernia Mesh and it would seem in YOUR world, I, we, don’t count. Be real and admit it.

    I’m done here. Sorry, Jane. I just cannot stand it anymore. Good Luck to you all and I hope you get what you want. Because, you are where we Hernia mesh Victims were 6 years ago with these Court proceedings. And from what I see, you will know what I mean fairly soon.

    God Bless.

  55. justme says:

    Dear Richard Howden

    There will be bad days and worse days. You are not alone. I posted about the man crying when he found out his insurance company would not pay to get the mesh out because he was a man. He too, is in pain and he is suffering like you.

    The pain associated with mesh just cant be described. Today and tonight, I can not walk at all, can not move at all, and scream out in pain from my back. No warning, just started having horrific spasms. You are not alone.

    But, if the women can not get the attention or sympathy from the mesh companies, not the attorney’s working on their behalf, but the women themselves, or the media, or the representatives, or the FDA, it will be much harder for the men affected to fair any better at this time.

    Don’t leave, get mad, get upset, but come back. This is the only place you can go on the internet where you are understood on what you are going through.

    Once we get our real life stories out thee, things will change. It is a slow process.

  56. Stacey says:

    I wanted to comment on the issue of mesh patients developing IC – Intercystial Cystitus – I had the SPARC sling implanted in 2002 and have been through hell ever since. Four years ago I developed IC and suffered unmercifully with horrible pain and having to urinate 30-40 times per day. My doctor recommended I try the INTERSTIM – which is an implanted sacral nerve stimulator. I was suffering so badly I was willing to try anything….so I went ahead and had it done. I can tell you it has helped me tremendously with the pain….made it more manageable….it may be worth some of you looking into. I just thought I would share my experience as maybe it can help someone else out there find a bit of relief……Stacey

    • Jane Akre says:

      Thank you Stacey for sharing your experience. I’m glad it worked for you….

      • MS says:

        It seems many women were diagnosed with IC, Interstitial Cystitis, either the few weeks prior to implantation or the day of surgery. Does anyone else find this a bit troubling? Several women have mentioned not having much, if any, discomfort or bladder dysfunction outside of incontinence and/or frequent urination at the time of diagnosis. Frequency is common with prolapse and in no way signifies or proves Interstitial Cystitis. Those with IC typically experience significant pain and UTI-like symptoms.

        • Kitty says:

          If the Uterus is in prolapse, it lays on the bladder causing the frequency. This is not necessarily IC

        • Kitty says:

          Maybe that was the way to get the authorized for the SUI—sling along with pop repair and hysterectomy. Lies lies lies

        • MS says:

          Stacey- I’m glad you’re doing better. If you see this, can you provide more information and experience with Interstim, please? Anxiety surrounding another implant is understandable and I think keeps some from trying a stimulator.

          I just realized my earlier comment might have come across as one questioning your condition. I’m sorry. It sounds like you most definitely have IC. I was curious about all the diagnosed cases either right before or during a sling or POP surgery. Good luck to you!

        • Barb says:

          Yes MS I have had 2 Cycstocopies misspelled sorry I was diagnosed 2 years after…………….also organ prolapse but they can diagnose you with cycstis doing this test!~ wonder what is causing this in many woman???

  57. Bejah says:

    I came across this on Jane’s website when trying in vain to find the tiers. I will continue to search but for now perhaps this will provide a little comfort:

    In the interview Jane asked: “Do you have any predictions what will happen if we have four losses for Bard?”

    “Well the more losses and the higher the damage award, the higher the settlement value is going to be.’

    ‘But the age of a claimant is going to be a factor in terms of the amount of damages, the kind of physical injuries that have occurred is going to be a factor. But clearly for either side, you want to win the bellwether cases. The more wins for the plaintiff, the more the settlement values are likely to be.”

    This interview was with a law professor as I recall. The fact that age is a factor tells me that the elderly are not valued in this society. This is discrimination and it is not just. There is much evidence that people over 65 are treated differently by doctors and hospitals. Know that you need to keep yourself healthy because unless you are very wealthy the liklihood that you will receive substandard care, regardless of how well insured you are, increases after age 65. And yet now the government is evidently going to raise the retirement age to 70 or so…so shouldn’t the people get quality care for another five years also. If a person is 68 and still working and many elderly have to work part time if they can in order to survive. The fact that US public education for our precious children rates number 28 in the world speaks volumes about the degree to which this country cares about its children, its elderly and its disabled. BTW number one in public education was Singapore. I have visited Singapore. There are a lot of ex-pats there and it is a wonderful country IMHO. Maybe I should move there. My health insurance used to cover me anywhere in the world. Medicare I think only covers you if you are a resident of the United States! They want your retirement dollars even though the care for the elderly is substandard, but then it is also substandard for veterans. If you have ever visited a VA hospital you can see this. America takes very good care of business, especcially big business. Well guess what defendants, what goes around, comes around. People are having fewer or no children in this country now. What are your long range planners going to do about that? Sub-contract everything offshore?

    Bejah is very upset today, sorry to be so long winded.

    I also have questions about tiers as I am sure many of us do. For example,

    (1) Are these tiers specific to the defendant or are they defined to some degree by legal guidelines (Not that it woul matter with these defendants),

    (2) I see no provision for victims who are too damaged to have an explant surgery, why? What happens to them? How many of these people are there (We need to create databases and have volunteers construct them and monitor them),

    (3) To my mind the nature of the tiers in the case exlemplified will have the effect of causing the failure of the 95% agreement…would that be a good thing…I think so, because as someone said, “The settlement offer (in question) is ________ (a pile of kaka).”

    (4) Those in any tier should be able to talk to eachother and discuss the problem of accepting this first (shameful) offer but I do not think they have that opportunity. That is not right. So much of this is not right to grossly understate the problem,

    (5) Are we to understand that if this population of defined “Tier 1 victims” will receive one check, or as I had assumed receive from a settlement entity partnering with their lawfirm several payments over a period of years? With regard to that, it is my impression that the first check is larger and subsequent ones are equal amounts and smaller. I pray that the 95% do not accept this first offer. I pray that their attorneys so advise them.

    There will no doubt be some attorneys, the ones who have contracted to take 40% or more from their clients (Shameful) who will want their money now and will indeed pressure their clients to settle. First of all, if you have an attorney that will take 40%, especially 40% of gross you should exit that relationship and find a new and ethical attorney.

    My gut feeling is that the defendant corporations will not ever get 95% with this deal. Presumably this tier is made up of people who have suffered no ill effects. It bears repeating that they may in the future and I think the probability of that is high given the substance we are talking about. may GOD forgive those plaintiffs who are in this just for money and were never surgically damaged. Differing physiologies (sp?) respond differently to foreign bodies and there are many variables (Something the defendants would have had a better grasp of had they done the appropriate testing but they just could not wait to start milking this cash cow).

    I also wanted to comment on the subject of IC. For months after I was implanted I researched, trying to figure out what was wrong with me, what these terrible symptoms were from, never connecting it to the evil implant and all the while emails I sent to the surgeon went unanswered. I told her I thought I had Intercystial Cistitis. No response. When in the summer of 2013 I requested a copy of my medical file she had added that I had IC!!!!!! Several months earlier I had gone to a Urologist and he had requested my file, I finally asked him for a copy of it. That original file did not mention IC and the one I requested from the hospital was otherwise altered as well. That is all I can say about this. Just assume that you can not trust most people, most doctors and hospitals. I would advise that you all routinely ask for all of your medical files and review them for errors. It happens a lot. Although I think they are not allowed to change the file (Ha!) I believe they can add an addendum that corrects the error. Sometimes they mis-interpret what we say. Sometimes they deliberately change what we tell them. There is a lot of paranoia in this country now. One of the features of a Totalitarian State, BTW, is paranoia.

    In one of the books I got the other day there is a quote I would like to share with you because it helped me so I thought it might be nice to share.

    “For the rest of my life there are two days

    that will never again trouble me.

    The first day is yesterday with all its with all its

    bluners and tears, its follies and defeats.

    Yesterday has passed away, beyond my control forever.

    The other day is tomorrow with its pitfalls

    and threats, its dangers and mystery.

    Until the sun rises again, I have no stake in tomottow,

    for it is still unborn.”

    Og Mandino, in The Return of the Ragpicker

    So, good people, live in this day, in this moment, as best you can for it is really all there is. Make it the best day you can.

    Bejah

    • MS says:

      It’s true that elderly men and women are often not valued as they should be. What a shame this is. Most people want to live a long and happy life, loved and respected throughout. I think most people also want their worth and contributions, past and present, appreciated. Those who mistreat the elderly don’t think about any of this for they are unappreciative and live in the now. They, too, will age and face such treatment unless something changes.

    • MS says:

      You’re right. Every person involved should be respected and cared for regardless of age. I think the length of time an individual will live with disabilities, chronic illness and/or pain, needs to be considered though. Half or well over half of some men and women’s lives will be impacted. There is little to no chance of a normal, quality life well into adulthood. The opportunity to find or long remain at a job enjoyed (possibly needed for their families) might no longer exist. The chance at a marriage, having children or raising children as they dreamed might also be gone. I agree with Bejah that several variables/factors need to be considered, but this is a reasonable one.

  58. Bejah says:

    Someone mentioned a maximum plaintiff award in a thread about Texas and the award of $72M which was automatically cut in half. Does every state have these maximums? So, we have the state cutting awards, and also taking a huge percentage of awards determined in jury trials. This is sick. Maybe the jury, knowing of this maximum (Who is responsible for that, I’ll bet I know) doubled what they awarded so the plaintiff would get what they wanted her to. Dumb Ass politicans and their handlers….we can all, as jurors, do that…we will just double the award we would have given. If I were asked to sit on a jury and asked if I knew anything about mesh I would not say I did…well I guess I could not get away with that but that is why we need to tell everyone we can, especially women and they can just say they have seen some ads on TV which they did not really pay attention to, who watches ads with enthusiasm except my mother!

    I think we would all like to know if this is just in Texas where they have no income tax but ask them about property tax or is it nationwide…I think we all want to know what it is in our states of residence just as we wanted to know how much, what percentage of our award the state is going to take just because they can and all this money is not going to improve the infrastructure, and it is not going to improve schools and add back the classes like music and art and physical ed which they have cut.

    Bejah

    • msm says:

      Many states have laws that affect punitive damage awards. For instance, the State of Georgia take 75% of punitive damages and allows the plaintiff to retain all compensation for pain and suffering, lost wages, etc. plus the remaining 25% of the punitive damages. Other states have a cap or limit to the amount of punitive damages. This is true in Texas.

      Punitive damages are only meant to punish the defendant. If it were a criminal rather than civil case, the defendant would be sentenced to a prison term or fines or both all of which are paid to the state. That is the justification for taking a percentage of the punitive damages into the states general fund.

      The caps (i.e. SC cap is $300,000) are part of “tort reform” to discourage frivolous lawsuits (if you believe that…well…). Tort reform is also said to protect big business under the guise of boosting the economy and decreasing unemployment. The states that have caps are claiming this excuse. If they want to limit “frivolous suits, how about requiring testing on medical devices and pharmaceuticals to reduce the injuries to start with !

      Ooops, were talking about government where common sense does not exist. I’m preaching to the choir so I will stop.

      Sorry you haven’t found the links describing the tiers. They have a new website but the documents are still available here:

      http://www.motleyrice.com/article/tvm-settlement-agreement-motley-rice-enters-agreement-ams-and-endo

      http://www.motleyrice.com/sites/default/files/documents/Medical_Devices/joint_report_filed.pdf

      http://www.motleyrice.com/sites/default/files/documents/Medical_Devices/exhibit_a.pdf

    • Jane Akre says:

      If you voted for tort reform, you voted for it…..it was a very effective campaign launched by the Chamber of Commerce and its assorted offending companies to keep you, the citizen, at bay and out of the courtroom where any justice can be found.

  59. karen says:

    I believe the judges , the corporations , the attorneys, ,the investors are slow and need to hurry up. This is wrong to have butchered women like a slaughter house. We live in a very bad place when women lives are destroyed for profit. The FDA is to blame they knew better. Very sad place here on earth ,im disappointed of this type of organize crime that has gotten away with shameful behavior and not sentence to prison . New laws need to be written for this type of business . We need a new FDA. Women are the most beautiful creations ever made and this is the Thanks we get . DID SOMEONE CHANGE THE WATER TO HATE THE WOMEN !!!! This sends us back to caveman time. Now the cat and mouse game . I thought this was 2015 not the 1500. This is sad, sad, sad!!!! Vaginal Mesh should be call Slaughter Mesh.

    • Jane Akre says:

      Thank you for your comments Karen….. it does indicate a total lack of respect for women doesn’t it, though men also are having problems with hernia mesh.

  60. andagain says:

    I just had my 4th surgery Wednesday they actually had to dissect my bladder to remove scar tissue and sling material, then they used cadaver parts to repair. I am currently wearing a Cath till my post op appointment. I so wish they would settle. I am alone I have to work, I have worked in pain for a very long time. I pray this is over soon.

    • Jane Akre says:

      I’m so sorry… proof that this type of surgery is very precarious and in an area of the body that can result in many complications. Add the fact that it is difficult to remove and it’s amazing polypropylene mesh even made it to market. Let us know if you have a good doc – always looking out for positive recommendations. ~ jane a.

  61. gwendolyn says:

    I’m confused about comments that Tier 1 involves

    plaintiffs with no injuries or adverse effects from mesh.

    I don’t think you can file a lawsuit if there is no injury.

    I’m pretty sure you can’t file a claim for “what if”

    something goes wrong in the future. I’m not trying

    to put anybody down, but what little knowledge I have

    tells me that’s not possible. I’m not a lawyer or

    anything but from my own personal experience

    with injuries from motorcycle crash is that you have

    to have documented injury or harm to sue somebody.

  62. gwendolyn says:

    How can Tier 1 be for plaintiffs with no injuries or adverse effects? You

    can’t file a lawsuit without documentation of injury or harm, as far as

    I’ve ever heard of,

    • Jane Akre says:

      Depending on the arrangement worked out by your law firm, the first Tier usually has mesh in place with medical management of symptoms. You are right, there would need to be some adverse event experienced I believe. Good question for your individual law firm.

      • msm says:

        I think this causes some confusion. It is from the “exhibit a.” on the link above. This appears as the first entry.

        “One | Device only (does not qualify in any other category)”.

        There have been cases filed for women with the device but no injuries. I think Judge Goodwin has eliminated them by now. It was all based on the possibility(or probability) of future injury.

        In my opinion, those are the people for whom a trust should be set up. We do not know the latency period. If injury never happens, no claim. If injury does occur, then the injured should receive compensation. That also takes it out of the courts and into whatever entity evaluates the claims (similar to the administration of an asbestos trust”.) Would there be fraudlent claims filed? Yes. There always are. Would it be easy? No. It never is.

        • Barb says:

          This ones for you MSM or whomever else wants to add, Wonder if you dont fit into any tier’s listed meaning there is nothing that states having 2 defective products by the same company@ Wonder what they will do with those who do!! Curious how many on this page has more then one defective device??

    • Barb says:

      I don’t understand that either with Tier 1. If all you have is a paper stating you had the implant. I wonder if all these attorney’s are checking the lot number’s to make sure they are REALLY DEFECTIVE!!! I highly find this unfair for just having a device without seeking Doctor’s to help with issues that come with these. Personally I don’t think these woman should have any case to stand on! I think those cases should be dismissed. If you have a defective device then immediately or within 6 months you do have complications………………..so those will be the ones too make money!!! I hope for all mesh/men/hernia maybe this mesh for woman will open more eye’s and I hope you get what you so deserve as well!!

  63. Barb says:

    I’m just looking for what people think the last specialist I went to when I asked her if any of my health issues could be related to the mesh/sling/tape that I have her response was “What are you a Joe Bornstein client” needless to say I got dressed and left immediately!! She performed a Urodynamics test laughing saying you have no incontinence at all, the she says “Woops” you certainly do!! She also had scheduled a cycstoscopy since i had been diagnosed with cystitis she said you don’t have that (keep in mind had been on an antibiotic for 4 years) So since seeing this new specialist first visit she found mesh erosion!! She has me on 2 medications one to treat dropped bladder. Today on my 2nd visit a ultra sound was performed to check other issues to narrow down what the real problem is……………she also performed another cystoscopy discovered I did have cyctitis now on medication for that………………July 15 going back to schedule surgery #4 laproscopy and cut the mesh that she can see away and will see how much scar tissue has built!! Horray for finally since 2008 to have just that one Doctor listen!! Just spoke to my attorney things are moving right along for us who have AMS. For us having Medicade/Medicare/Mainecare when things are settled the Lien advisor group will take out money from our settlements to make sure these insurance company’s do not try to bill us for things they shouldn’t however they will be reinbursed for original implant, any revisions, any testing that’s been done to come to the conclusions of what the real issues are, and we will not loose our health care which I hope is true! AMS will have no impact nor see any cases so they will have no idea of the injuries…………THE SPECIAL MASTER WILL BE THE ONLY ONE WHO WILL PUT A FIGURE ON CASES…………….

  64. Me says:

    I have read some conflicting things that are bothering me I read that someone’s comment was The implant surgery itself is not going to be considered one of the surgeries to elevate your tier.yet I was just reading barbs, and it sounds as if the insurance companies are going to be reimbursed out of our money or settlement for the implant surgery. those two things kind of contradict each other. If they want to reimbursed insurance because they feel that surgery should be reimbursed then they should count it to elevate each woman’s tier as well. If this is true that is ridiculous that the insurance company would be deserving compensation for a surgery that they’re not compensating the woman for. Another thing that bothers me is if the corporation like say Boston Scientific settles they aren’t admitting guilt and therefore they aren’t found guilty in court of doing anything wrong how could the insurance companies get reimbursed for the patients medical care if there is no wrong doing? If you ask me…everyone just wants a piece of the pie and they don’t give a crap about the victim and what they end up with as long as they get their money!!

    • Barb says:

      This is for ME: I asked my attorney a lot of questions and asked what Medicare/Medicaid would be reimbursed for and I asked about the original implant any revisions all testing associated with the mesh he said yes! I’m curious about medications we are prescribed to try to help us with pain. So yes my original 2008, revision 2009, and emergency to adjust in 2009 will be paid back. The urodynamics test which I have had 3, and 3 cyctoscopy test will also be paid back along with the laproscopy and cutting away of the mesh eroded in my uterus…………………….all paid to Medicaid/Medicare! So I’m wondering if any surgeries come up in the future we have to pay out of pocket?? Wondering if this also includes hospital, Doctor’s, pathologist, anathesia???

    • Jane Akre says:

      The last settlement I saw had mesh in place with medical management of symptoms as Tier one. So there had to be some symptoms to manage, at least ideally. (that’s not to say some law firms didn’t just go shopping and add people with no medical management). Secondly, and this is without exception, the companies will never admit fault in their settlement offers. That is simply not on the table. Thirdly, there will always be a disclosure clause where you cannot discuss your settlement amount. I’m not an attorney as you know but my opinion has always been there is no amount of $ that will adequately compensate you for what you have lost and I’m so sorry about that. Remember, these are civil procedures so the wrongdoers will never go to jail for criminal matters which, in the court of public opinion, is where this should be.

  65. Barb says:

    ME” don’t leave this site your questions and inputs are informationl…………………don’t let other’s get to you!! We need to bang together and support!!

  66. gwendolyn says:

    msm was discussing punitive damages. In Nebraska

    and I believe 2 other states, punitive damages aren’t

    even allowed. So much for Tort Reform. I’m not sure

    about this, but I’ve either read or heard that Nebraska

    also has caps on personal injury awards of 1 or 2 mil.

    Not that it will matter if and when my mesh company

    offers their ridiculously low settlements.

  67. jbrokenbody says:

    HEAR HEAR, SO TRUE. WE ARE THE WORLD. WE ARE THE BABY BOOMERS. WE ARE REAL. DEATH IS REAL. But how dare them. They put that Dr. Away for assisting in their deaths. What makes these manufactures not guilty. Evidence is there big as anything. Where is the justice in this matter. Don’t have to put in here, Cause we know and have read it. THIS IS A CRIMINAL ACT IN AMERICA ACROSS THE BOARD AND OUT OF AMERICA AS WELL. That arrival by the lawyer in Canada needs too be read. He’s pumping. GOD BLESS US ALL. I WANT PUNISHMENT. WE ARE REAL HUMANS, NOT ANIMALS. THANK U

  68. Louise says:

    Heard that Boston Scientific reached a settlement and women are gonna get only about 40.000.00 dollars.Are you kidding me? BULLSHIT…They’re absolutely Crazy.And we have to give a percentage to the lawyers.Wow! Judges that accepts this crap are not better.They also say that the more surgeries, women gets the more compensation they’ll receive.Well, what about surgeries in the Future? What about PAIN & SUFFERING.? What about the other complications we have and that we’ll have in the Future? They want more proof then we’ll give them proof.Get the wives or girlfriends or daughters of those who works in these manufactures, and insert a mesh in their bodies.Get the BIG SHOT BOSSES, THE FOUNDERS,THE MANAGERS ETC…of these fucking manufactures, yes, get their wives, daughters and put the same God Damn Mesh, in their bodies and then let us know what THEY think.They’ll see what we mean.And, let’s hope they feel the pain, the suffering emotionaly, physically and mentally…PLEASE, JUDGES DON’T GET FOOLED BY THEM? If Judges, accept those stupid settlements, then they are no better. We won’t accept anything below 1 MIILLION dollars each and for those who had a lot of surgeries or those who have more complications, they should get more.and it should be for any countries, America, Canada, Scotland, Ukraine and so on…Even, for example: Canada has OHIP, Yes, but we suffer a lot, also, so we won’t accept less than 1 million…Simple as that…WE ARE HUMANS…WE WANT JUSTICE…WE ARE NOT ANIMALS……THEY ARE KILLERS…Killers go to JAIL…

  69. EDIE WILLIS says:

    I HAVE BEEN SUFFERING BECAUSE OF YOUR PRODUCT FOR OVER 4 YEAR’S! I BELEIVE THAT EVEN DOCTOR’S ARE IN YOUR POCKETS FROM THE WAY I’VE BEEN TREATED! LIKE I;M STUPID,CAUSE I EAT PROCESS FOOD ETC..ETC.. GIVE ME A BREAK!

    HAVE I GOTTEN A CALL FROM YOUR COMPANY OR THE GYN THAT PUT IT THERE? HELL NO!

    IVE GOT A GOOD DOCTOR NOW & A GOOD LAWYER AND I HOPE YOUR COMPANY THINKS TWICE ABOUT USING THESE MESH SLINGS ON WOMEN KNOWING OF THE PROBLEMS THAT THEY HAVE CAUSED!

    BECAUSE I’VE BEEN THRU HELL & COUTIUNE TO GO THRU HELL BECAUSE OF YOUR PRODUCT!

    [T’S TRULY A SHAME,A TOTAL SHAME! YOU CATH YOURSELF EVERYDAY & SEE HOW THAT MAKES YOU FEEL? NOT TO MENTION THE UNGODLY PAIN!

    GOD DON;T LIKE UGLY….

  70. Annie Robinson says:

    I would like to know how many more women will fall victim to this mesh. I have had three surgery’s i do not wish this on anyone. Why is this not on tv putting it out there that this stuff is not good.

    Annie Robinson

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