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Multidistrict Litigation – Is It Working for Transvaginal Mesh Cases?

Judge Joseph Goodwin

Part Two – Mesh Medical Device News Desk, June 29, 2017 ~ The Multidistrict Litigation (MDL) system allows a select few law firms (about 70) to the top positions in the court structure, no matter where it is based.

An MDL is like a class action in that plaintiffs with substantially similar complaints against an allegedly defective product are consolidated in one court.  

In the case of transvaginal mesh, the MDL is in Charleston West Virginia where more than 103,000 cases have been filed before Judge Joseph Goodwin.

Elizabeth Burch, U GA Law professor

According to research done by Professor Burch from the University of Georgia Law School, lawyers from these firms “repeat players,” because they know the ropes, can litigate the cases, but also form relationships with the defense team. Both sides know what the other needs in terms of settlement.

Professor Burch says while individual law firms seek settlements for their clients, lawyers with fewer clients are not usually in such an advantageous position to negotiate and often have to partner with the “repeat players,” to help their clients.

Settlements are private, so a judge in an MDL cannot override a decision as he can with a class action settlement, which is public, and the judge does not have the authority to make sure that law firms are not enriching themselves at the cost of their clients.m

Here is Part Two of our discussion.  See Part One here.  

 

Scales of Justice, WikiCommons

Mesh News Desk Editor, Akre Q: -How is the MDL system different from class actions and how might a class benefit the plaintiff?

Burch, A – “The MDL is not certified as a class action, the NFL is an exception.

“I think we should start to file these issues as a class actions. They all have Ethicon in common so let’s try the common questions that relate to the defendant – What did they know and do and when did they know it – to litigate those as a class.  Then remand cases to individual courts for individual hearings on specific causation.

“The judge signs off on the settlement.  The judge awards attorney fees there may be some medical monitoring on a state by state basis. 

“And class actions can be appealed.” 

“Unlike a class action settlements, in which Rule 23 requires searching judicial inquiry to determine if the settlement is fair, non-class settlements are private contracts.  Attorneys may be tempted to cross the line and ethical boundaries to achieve finality.” 

Protest in Charleston WV fed court, June 2015

Q: -For the women who’ve been given no option but to agree to a low-ball settlement, can anything can be done?

“For these women, my best piece of advice is to alert Judge Goodwin to what’s happening. These are private settlements and he’s not reviewing them, he is not taking a position, so maybe he doesn’t know what is going on. 

“He’s so pro settlement, the MDL panel has the power to remand cases but in the past they’ve not done so without the recommendation of Judge Goodwin.”
 

Jane Akre, federal courthouse, Charleston WV

Q: – Many women tell me their lawyer never talks to them.

A: – “They never do. Sometimes calls to fancy law firms don’t go to New York. You go to a call center in Dothan, Alabama in a warehouse.  Operators are doing the intake form then it’s forwarded to the law firm. For many, it’s a volume business. It’s happening in the Granuflo litigation also. ”
 

Q: – Can’t lead lawyers within the MDL also work with a plaintiffs’ chosen counsel to best represent the client/injured?

A: – “Lead lawyers replace parties chosen counsel and promote settlement with little oversight. The appointment of repeat players may complicate genuine consent through inadequate representation.

“Dictatorial attorney hierarchies fail to adequately represent the spectrum of claimants’ diverse interests.

“Repeat players trade in influence to increase their fees, collude on private deals with little incentive to derail the lucrative settlement they negotiate.”

Federal court, Charleston WV

 

Q: – You suggest appointing diverse attorneys who represent heterogeneous clients, encouraging dissent from non-lead counsel?

A: – “Yes. The basic ideas are that all the pressures in our system push lawyers to conform.  No one wants to object, they don’t become the squeaky wheel and they don’t get leadership positions. Introduce diverse leaders. Encourage judges to think about adequate representation. 

“If you have a class action over hip implant, separate who had had it and who hadn’t had it.  DePuy ASR litigation settled revised cases. Non-revised weren’t included in the settlement and can’t get remanded, they are no longer rep the non-revisables and they are languishing in the proceeding.  You need someone representing the non-revisables. We need a separate deal for them. 

“Once you appoint these leaders, if there is a conflict, no one has accounted for, if someone raises it, they should become a lead lawyer and serve alongside them to rep that group.  You have to incentivize people to speak up to get on leadership positions, otherwise you have the same thing over and over again.” 

 

Lori Cohen and team outside federal court , Charleston, WV, July 8, 2013

Q: – The MDL was supposed to be for pretrial purposes only but only 2.9% of cases remand back to their original districts. Why?

A: – “Lead lawyers and steering committees conduct discovery, disseminate information draft motions, negotiate settlements and try bellwether cases. They may be more interested in pleasing judges, fostering reciprocity among fellow attorneys and positioning themselves for future appointments, than advancing plaintiffs’ interests. Lead attorney hierarchies have more influence today. They hire the experts, conduct discovery, call meetings, and act as spokespersons for all of the plaintiffs.  The individually hired attorney has no power to appoint or discharge the leaders who are in charge other clients’ cases while deterring dissent from nonconforming lawyers.

Lack of remands is part of the problem. You can’t threaten to take to trial unless it’s picked a bellwether cases. That rarely happens. The plaintiff is at a disadvantage.”

 

LEARN MORE:

As if on cue, Judge Goodwin has issued Court order #262 specifying how the law firms on the Common Benefit Fee & Cost Committee will be paid.

Included in it are orders from as early as 2012 establishing committees, criteria for applying to the MDL and the fee committee protocol.

Accounting firm Smith Cochran Hicks, PLLC will play a major role in distributing the common benefit dollars, 5% of every plaintiffs’ case.  See Order #262

Common Benefit Work Order #262, June 23, 2017 

 

 

73 Comments

  1. TortSupport says:

    “Settlements are private, so a judge in an MDL cannot override a decision as he can with a class action settlement, which is public, and the judge does not have the authority to make sure that law firms are not enriching themselves at the cost of their clients.”

    While this is factually correct, I believe it is misleading. While THE judge that is overseeing the MDL does not have the authority to review the settlement, there is always a Special Master, who is almost always A federal judge, usually one with MDL experience. The Special Master’s primary job is to review the terms of the settlement agreement and ensure that the plaintiffs’ rights are held paramount. Therefore, the law firms involved with the settlement are held in check so that plaintiffs are treated fairly. In addition, some MDLs have had PreTrial Orders that have capped attorneys’ fees.

    • Elizabeth Burch says:

      In response to TortSupport, special masters’ authority varies greatly from proceeding to proceeding (and even from settlement to settlement). But those masters often enter the picture after the parties have already negotiated a settlement.

      Judge Goodwin has typically appointed Cathy Yanni as the special master. She works for JAMS as a mediator and arbitrator; she is not a judge. Her duties in the Boston Scientific litigation, for example, range from divvying up settlement proceeds among claimants, to serving as a mediator to resolve disputes that arise during claims processing, to serving as an arbitrator in disputes with insurance companies. She acts an arbitrator with final and binding authority over all appeals asserted by claimants to their settlement allocations. She is not acting as an advocate for individual plaintiffs.

      Yes, some judges, like Judge Fallon in Vioxx and Judge Weinstein in Zyprexa, have capped individual attorneys’ fees. To my knowledge, that has not been done in the mesh cases. There are many pros and cons to capping individual attorneys’ fees.

      As for plaintiffs’ attorneys communicating with their clients, there are undoubtedly excellent attorneys out there who take great pains to get to know their clients. I’ve had the pleasure of meeting quite a few. But there are also TV advertisers who simply act as aggregators and “sell” leads to attorneys. The attorneys who purchase these “leads” tend to want to settle those cases in bulk to make a profit, not get to know their clients.

    • jan says:

      So basically my attorneys office lied again to me
      There exact gave been the master judge reviews each individual case file and makes a determination of settlement wise off that
      WOW
      So basically it’s true lawyers are lyers that’s what they do for a living
      The sad part is that they take an Oath to protect there clients and actually they only protect themselves. ..
      This world is so corrupted. .

  2. TortSupport says:

    Q: – Many women tell me their lawyer never talks to them. A: – “They never do. Sometimes calls to fancy law firms don’t go to New York. You go to a call center in Dothan, Alabama in a warehouse. Operators are doing the intake form then it’s forwarded to the law firm. For many, it’s a volume business. It’s happening in the Granuflo litigation also. ”

    As a member of a law firm, I am offended by the accusation that “[law firms] never do” talk to clients. I can assure you that we speak with our clients all the time. I will be honest, with the amount of clients that exist and the rate that updates change, we rarely contact clients solely to give updates on the status of their claim. That is usually not realistic. However, they are ALWAYS welcome to contact us and when they do, we give them any information that they are looking for and answer any questions that they may have. This is a long process and because of the time litigation takes, it can be very frustrating. However, if you have not heard from your firm, reach out and try calling them. If you don’t hear back, call and ask for the office manager or lead attorney. If we do need information from a client or we have an offer from their defendant, we will always reach out to them. While the call center problem was an issue at one time (not with us, as we never used one), that was more during intake and NOT so common 5 years into this litigation.

    • Jane Akre says:

      Tort- I’m surprised you are offended. If you sat in my seat you would hear countless number of women who say they can never talk to anyone at their law firm. Perhaps they get someone on the phone, but we know sometimes these are minimum wage employees who sometimes say irresponsible things like “No one will ever take your case if you don’t sign.”

      I’m glad to hear your firm is an exception…and I do hear from people who are happy with the communication with their law firm, but the majority ( not a scientific survey, just my impression) are not happy. I’ve also heard more than one time people were told “You’ve got a million dollar case,” to get them to sign up. It’s worth repeating- NO ONE KNOWS THE VALUE OF YOUR CASE – there are too many variables. If someone says that to you…run don’t walk!. Just my opinion folks and I’m not a lawyer.

      • Bejah Butterton says:

        As I have told you Jane, I feel very fortunate because although the firm representing me rarely calls me, I do not expect them to. But any time I want to talk with them I can call and talk with the attorney handling my case. There has never been a time when she was not available to talk to me. I try, in turn, to not waste her valuable time. We have a very good relationship. Beyond that everyone at the firm I have encountered has treated me as if I were a very important client. I am very thankful that I am represented by this firm. I am sure many others feel as I do but it seems that it is when we are unhappy that we talk about it, and when we are content we remain silent. Instead of calling a lot, I pray a lot and try to read enough so I stay up to speed but lately I admit I have fallen behind. When we issue sometimes unkind critiques of the law I expect that is a general statement borne of frustration. I hope it is understood in that way by our legal teams in this terrible journey we are all on. It is hard enough without our attacking each other in some way. As I have mentioned my brother is in the law and most nights he does not get to sleep until about 2am because of his work load. The Law is a cruel mistress demanding much of those who do this work.

        Bejah

        Bejah

        • Jane Akre says:

          Bejah- you are so right about how we hear more from those unhappy…. something to keep in mind. Thank you!

      • Jan Urban says:

        Dear Tort: I made my annual call to my attorney to check in. It was 3 weeks ago. I was told it was nearing 3Pm on a Friday, that I should not expect to talk with anyone, that someone would send me an email with any revelent updates. Still waiting. Is this reasonable? I think not! I sat in Judge Goodwin’s court as he spoke directly to several of us Mesh Injured telling us we have the best of the best attorneys. I say not! Our Injuries and damages are complex. We were not rear-ended in a car accident. We are intelligent woman deserving of respect. Answer the phone!

    • jan says:

      Yes my attorneys office never phoned me or
      Contacted me through mail.. I have to either phone are call are email
      But yet because they talk with me they want to charge me
      It’s sad 40% they like to still from the victims

  3. Bejah Butterton says:

    I feel so sick, so tired and so profoundly disheartened and it is not just my situation, not just my case, not just this matter…everything in the world I thought I knew is falling apart. Does anyone remember Tomorrowland at Disneyland? Because I grew up so close by I got to go a lot and loved Tomorrowland. I believed it I thought that it would really be like that but the reality is so different, I could never have imagined this HELL, for myself, for us all. I do not even see hope for a better world any longer. I am thankful for the reporting and it is important that we all continue to pay attention but it is hard. Sometimes I have to go away from it for days or weeks because it is too depressing for me to bear. We must take care of ourselves first so that we can be strong and effective standard bearers. I am going to have a little nap now and when I wake up I will do some art work I think or read. It is what my little self needs. Housework will need to wait until next week. I start the Heparin (Yes, SS, you were right). Sometimes drugs work a little differently on people with red hair so we’ll see. Wish all a little happiness today.

    Bejah

  4. Bejah Butterton says:

    I tried to find the L-Man…. supplement yesterday but no one carried it. Vons said they could order it for me. Just FYI. I guess I could find it online.

    Bejah

    • Still Standing says:

      Bejah, it is D-mannose you can get it from amazon or a supplement store.mit is really worth the money.

      • Bejah Butterton says:

        SS Thx, I am looking forward to trying it. I hope I can/wonder if I can take it while I am doing the 6 week bladder infusions of the Heparin. Must find out more about all this.

        Bejah

        • Still Standing says:

          Yes, take it. It will help the cocktail. It reduces inflammation in the bladder. Wonder supplement. I told my doctor about it and he recommends it. Totally ended my post mesh UTIs

    • anonymous says:

      You can find D-Mannose at most local health food type stores. I used the D-Mannose Powder with cranactin. I was on an antibiotic as a prophylactic for so many UTIs and being a nurse I knew better no more unneccessary antibiotics. I researched and D-Mannose worked for me. (I seemed to get the UTI’s before mesh removal surgeries)

      Also renew life probiotics saved me as well.

  5. Anon says:

    Jane or TortSupport…….Please explain PTO #262 and what it means for the Plaintiffs.

  6. Anon says:

    Has anyone else noticed that the majority of MDL 2327 cases originating district is Southern West Virginia. ☹

  7. Anon says:

    correction………Originating District is West Virginia Southern.

  8. Lordhelpus says:

    When I call my lawyers all I get is a woman who tells me that there isn’t much to say since these companies are not settling, that’s all! Mind you my attorney is supposed to be a male…

    • Bejah Blue says:

      Next time ask the woman’s name and position as well as training in the law. Ask if she works with the attorney assigned to your case. If you do not know her or his name ask for it. Begin documenting these calls with as much detail as you can in a spiral notebook or something. Later if you need to you can restate to them that you have called “x” number of times, always get the same person and get no meaningful information therefore would like to speak to the attorney representing you about your case which you have been able to do only ____ number of times. Tell them you would appreciate a status report in writing and a statement as to where your case stands (and whatever else you wish to know of). Be sure to be polite and respectful.

      Bejah

  9. Exhausted says:

    All we are doing is giving money to attorneys and paying back Medicaid and insurance companies. This is a joke to women in constant pain and no relief in site! It seems no one cares. Women who have private attorneys received millions of dollars for less severe injuries! I am ashamed of the legal system!

    • Still Standing says:

      Exhausted. We all have private attorneys. We were able to choose who represented us and sign an individual contract. It is easy to look at a case that brings millions and think our case should be one of them. There are so many factors that go into a winning jury trial. We just can’t possibly know how it all goes together. A person’s past health, lifestyle choices, other potential triggers for pain, witness testimony can impact how strong a case will emerge. And we have no way of knowing how devastating the woman’s injury is, just as others don’t understand ours. It is just more complicated than we can know from the outside looking in. It is easy to feel that many others have claim to our settlements. And they do. But for a person on Medicaid, if Medicaid has picked up the cost of your treatment, they do have the right to recover that cost. Even private insurers, where people paid monthly premiums, are getting paid back, which totally baffles me. When all is said and done, money will not change the impact the mesh has had on our lives. There is economic healing , which is important, but there is a seperate emotional healing that needs to happen, and that can occur with or without a judge or jury putting a monetary value on our injuries.

      • Jane Akre says:

        Agrees, especially on why private insurance gets a chance to grab back some of its payout. Do you get a chance to be reimbursed for the premiums you’ve paid over the years? Incredible!

        • Advocate says:

          Jane, It probably helps to understand how insurance works.
          You are part of a risk pool. Your premiums are based on the amount of claims paid from that risk pool. The contracted insurance plans that allow for elective surgeries and such, are more expensive because the actuarial services, calculated how often those electives might be used. If you didn’t intend to use Botox or other cosmetic services, it would be silly to be in that pool.
          Justifiably, if there is another entity responsible for your injury, why shouldn’t they be responsible for paying back the pool for services they created a need for? Nobody wants to pay into a pool where rates go up because an abundance of claims were made against the pool. Especially when there was another source available to make the pool whole.
          The health Insurance purpose is to pay medical professionals for services when there is nobody else to pay and you don’t want to pay a big lump sum when services are needed. This is why the pool gets paid back. Same from Medicare or Medicaid.

          • Jane Akre says:

            Then that pool should be designated insurance reimbursement, not come from the pain and suffering dollars intended for the injured. What’s wrong with that?

          • Bejah Blue says:

            Dear Advocate, Our auto ins. is based in part on the same kind of risk pool I believe but in that case I think where one lives drives a lot of the numbers (nice pun, eh?). Any relationship with the way health insurance works me wonders.

            Bejah

            OFF TOPIC:

            I was thinking about how to increase my income a little the other day because I pay too much for housing which I choose to do to ensure peace, quiet, safety, etc. a little. it means things are a little tight. I do not understand why we do not get COLAs from the FED more often. I get one from my employer every year; it is not much but it helps and it adds up as one year piles on another.

            I love children and because my son was kidnapped by his father when he was about 11 (Father had a lot of money so I ended up with half of legal rights and my son went to live with his father attracted by the exclusive neighborhood, the pool in the walk out basement and the other benefits money can provide. I was told by the judge that if I moved to Greenwich Conn also I would be given half of rights to have my son live with me. I do not think that would have been very good for him but all that is long ago now.

            I still want to be a mommy though so I thought maybe I could foster perhaps two brothers or sisters. The state would give me $700 per child per month for support as I understand it, provide health ins., and pay for private school if I was not happy with public school.

            Two friends have told me not to do this because it will actually cost me much more to care for the children properly than $700 a month per child can provide. I am still thinking about this. It would save me from leisure time to spend feeling sorry for myself, and I would have the feeling of family which I so miss. Much to think about. Any input appreciated.

            Bejah

          • Advocate says:

            Jane, there wasn’t a reply button on your July 6th post, so I’m tossing this under my original.
            I don’t know if you and others are aware, but the settlements DO NOT provide for pain and suffering. The settlement dollars are for medical, past, present and future. The only time pain and suffering are a part of the number is in trial.
            So technically, all monies are in the correct “pool” and insurance companies would be entitled to collect on behalf of ALL members in that deductible/plan.
            Hope that helps everyone a little better to understand why there’s a insurance payback. I understand it’s not popular, but it is based in consistency with health insurance policies.

          • Jane Akre says:

            Thank you, that helps clarify…. so if pain and suffering was compensated, they would not have to pay back insurance?

          • Advocate says:

            Jane, the designation of the funds isn’t really the issue. Theoretically, monies appointed for medicals, should be enough to compensate those reimbursements that are required and pay something towards future needs.
            For instance, when medicals are rewarded for past and future there isn’t a breakdown that says, this amount for this and another for that. It’s a lump sum and the medicals start by satisfying the subrogation liens first. Whatever is left over after the subrogation lien is satisfied, is considered future meds, if awarded.
            All subrogation liens are paid regardless of pain and suffering. Some insurance companies may negotiate on their subrogation liens and others may not. None of them have any connection, whatsoever, to pain and suffering. That means the lump sum payoff, must satisfy the liens after attorney fees and costs are taken. Anything left over, can be called anything you want.

          • Jane Akre says:

            Thank you Sdvocate, but some women are not getting enough for a Starbucks for a month, much less suffering now and into the future.

        • Bejah Blue says:

          I am going to call Blue Cross and Blue Shield and ask about this.

  10. Bejah Blue says:

    Dear Exhausted, Haven’t you heard, the one with the most money wins? This is my black humor.

    I am feeling very dark now as a friend of mine just told me his story of a journey through meth addiction, loss of job, homelessness, the loss of his family, and finally, thanks to someone who reached out to help him from a place where he had to sell his body to get money for drugs…he went to a rehab and was blessed with the re-creation of his life, like Lazarus arising from the dead.

    I think there is a lot of damage to the body that is permanent, but at least he is alive and has a new life.

    The take away: (1) Do not resort to drugs like meth or heroin to ease your pain, and (2) Believe it…there are things that are worse than what we are coping with (3) Help someone laying in the street, feed them, talk to them, let them know you see them.

    Bejah

  11. Anon says:

    Exhausted……..You are entitled to YOUR feelings. So feel them, voice them as much as you can, after all, this is an aspect of healing. Your wounds are not self-inflicted, so you have every right to want, demand justice from our Justice System in a civilized nation.
    There are people out here that Really Care and Really understand your frustration with this MDL process.
    I HEAR you and I will keep you in my prayers.

  12. Lisa says:

    Thank you Jane and Thank you Elizabeth for one of the best and most informative articles I’ve seen yet! Sharing this info everywhere I can!!

  13. Marylee says:

    I have to say, the law firm I am with always answers me, I check in on a monthly basis and I usually get something of the same message, no news and recently was told due to it being summer lawyers are away and it will really be nothing at least I got some sort of answer. I always get an answer what else can we do?

    • anonymous says:

      When I call my attorney in NY. The receptionist always asks which company and case because a lot are (have) settled. The last few times I have called I get put through to my attorney. My attorney did not take any cases unless the client had revision surgery.

      A lot of lawyers are settling for far less than they should, one person had many many surgeries and settled for peanuts. This does not help any of us. I got a rough estimate ball park figure out of my attorney and I have learned to live with it. It would be enough to buy a home I lost and that’s it. I believe my attorney gets what is it 40%? I have settled with this as a worst case scenerio but hope for more. Lawyers settling for peanuts is not leaving these as definite million dollar settlements. That IMO– we all (that have had revision surgeries and STILL HAVE CHRONIC PAIN ON DISABILITY) deserve.

      • Debb says:

        My attorney stated the precedent low settlements set a bad precedent for all of us. They shouldn’t have settled

  14. Michelle says:

    Thank you for all the awesome info

  15. Dawn says:

    This is nothing but a giant game of Monopoly….
    All the mesh plaintiffs got the go directly to jail card while the lawyers , manufacturers, judge , insurance companies take the bank 😡
    Worldwide coverup of a killing medical product with no one to protect us

    • Anon says:

      Dawn…..don’t forget the implanting surgeons.

    • Bejah Blue says:

      “All the world is a stage and we are all but players…” S

    • Anon says:

      Well said Dawn………..Our attorneys, the pharmaceutical giants, the Judge and various others involved in this MDL process are in bed together. This story provided the information we need to better understand this one sided MDL process. You are correct………..the (mesh victims) are out here suffering from permanent injuries with no protection from our Justice System. This story gives us 20/20 view.

  16. Anna D says:

    Have an important concern…
    Am told my case is in the final stages
    assume this means ‘closure’ stages…
    I know how much I will get per my
    category and tier levels…minus the
    attorney fees, litigation costs, etc…
    Can I sell my settlement now?
    I have concerns because i need my
    settlement $ for personal existence
    Wonder also, why my law firm doesn’t
    allow pre settlement funding?
    thanks for a confidential reply if
    possible
    Anna

    • Jane Akre says:

      Also ask them to pay the 5% into the common benefit fund out of their monies not yours!

    • Still Standing says:

      Your legal team has to give the ok for you to get a pre-settlement loan. They don’t encourage this. Even if you are in the final stages of settlement, it could take months before you get your check. Have you actually signed the settlement papers? If not, your attorney may feel that it is too risky for you to do considering the high interest that you have to pay. This can eat up your settlement dollars very quickly.

    • Sherry H. says:

      I was also told my case is waiting on the mesh lawyers & my lawyer to come to a agreement & I was on the top tier for payment.
      Can someone tell me what kind of money they are talking about because the lawyer won’t say. I need my money I collapsed March 15, 2017 & im on full time oxygen & cant work I get $106 per week unemployment. My husband had a massive heart attack June 10, 2017 & passed away, my unemployment is all I have right now someone please help!

      • Jane Akre says:

        Are you eligible for social security and or ss disability? Do you have someone helping you with financials?

      • Kitty says:

        Get down on your knees and thank G-d u are on hi tier.

      • Still Standing says:

        Sherry, your tier valuation is different for each company and perhaps from different law firms. Who made your mesh? Also, Sherry, have you signed up for Medicaid and social security disability? If you are over 55, get in touch with your state division of aging. They should be able to help you.

      • Bejah Blue says:

        My GOD Sherry, my heart goes out to you. This is when family is important. Your church should be able to help you also. Time to reach out in your community. Don’t be silent. People can not help if they can not hear you. It is hard to ask for help. I hope your husband had a life insurance policy and we should all make sure we have these in place for this very reason. You are in my prayers.

        Bejah

      • Bejah Blue says:

        It would be nice if we could create some kind of fund to help those is grave need…we could all donate a little, and those who have received settlements could perhaps donate a little more so that we could try to help those in need in our community.

        Bejah

    • Bejah Blue says:

      Anna I went through this to a point. Settlement advance. I believe the determination to advance you money is based on the viability of your case and the perceived capacity of your settlement to replay the advance.

      Bejah

  17. Anon says:

    Jane………….Why didn’t you post my comment? It is in compliance with your rules.

    • Jane Akre says:

      Just FYI- I must approve the comment. If I’m not sitting by the computer that afternoon, which is rare, it will not get posted. So I scrolled down and see you have a comment in a pending status,,, that must be what you mean. Nothing nefarious here, just living.

      • Bejah Blue says:

        Sometimes our health issues leave us feeling some level of paranoia even where there is a phantom issue. Try to be peaceful and centered and patient and remember all Jane does for us.

        Bejah

        • Bejah Blue says:

          BTW, For the record I have been diagnosed with major Depression and Paranoia, as well as Anxiety so I know a little about this. We use to be buds Kitty, what happened? Truly I do not understand. I am deeply sorry to have upset you.

          Bejah

          • Kitty says:

            Bejah. That was the summer of 2014..15? It was so nice having u in my life then…things have changed…i am angry..but I am sorry I have hurt u. I most likely will not post anymore. You will always be in my heart. KITTY

          • Jane Akre says:

            Kitty- you don’t have to go away…Hope you don’t. I probably made you mad.

          • Bejah Blue says:

            Kitty, Please do not go away. We need you. I need you. I feel like everyone is going away and it frightens me. I feel sometimes I will wake up one morning and be all alone. I am not sure what that means but there it is.

            Bejah

      • Bejah Blue says:

        So pain and suffering are not considered in settlements but are at trial…is there not some inequity in that? Actually why the H*LL are they both not more central to the core issue of a bad device? I will guess that it has something to do with the complexity in quantifying pain and suffering and the presumed bucket of money is sufficient to consider all issues the plaintiff may have. One problem I have with that off the top is the reality of how much of that bucket full the plaintiff actually receives. I guess I do not understand or maybe it falls under the heading “Life is not fair” like so many other things.

  18. Anon says:

    Jane
    I see that you break your rules for some. Once again you allow another to verbally attack me and interject herself incorrectly and make comments about a matter that she is not privy to. You do know that posts do not appear the moment you write them…..

  19. JC says:

    I would like to say me and my wife are fortunant that we have attorneys that respond all the time to us.They will call us or answer any email from us with compassion and any updates if there are any.We just received our settlement letter from them and are so glad this is coming to and end.I hate so much to hear about all these women that have entrusted all their time and faith in attorneys that are just out there to make a dollar off them.I noticed an influx of attorneys and commercials for lawsuits months after we hired ours and it stinks that all they wanted is people to sign up with them so they could line their own pockets on false accusations.I really hope the best for everyone..May God bless and take care of everyone..

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