Eleventh-Hour Settlement in Bard Avaulta Trial Set to Begin in Charleston Federal Court

//Eleventh-Hour Settlement in Bard Avaulta Trial Set to Begin in Charleston Federal Court

Eleventh-Hour Settlement in Bard Avaulta Trial Set to Begin in Charleston Federal Court

Lori Cohen and team in Charleston, August 2013

Lori Cohen and team in Charleston, August 2013

Mesh News Desk  has learned from two reputable sources connected to the court that a settlement was reached over the weekend in the federal trial of  Debra Wise v. C.R. Bard. It was set to begin before Judge Joseph R. Goodwin of the U.S. District Court for the Southern District of West Virginia on Wednesday, February 18.

Case 2:12-cv-01378  was filed May 3, 2012 and the defective product litigation is one of  more than 10,000 transvaginal mesh cases filed against this manufacturer.

Details of the settlement are always confidential.  A settlement so close to trial could signal that the defense was not confident in its case and did not want the adverse publicity.

The reports are that settlement talks began Friday night and continued over the weekend in Charleston, WV.

Mesh News Desk has a  story is in production.  Below is the case as it was left before settlement talks. 

Plaintiff Debra Wise was implanted with the Avaulta Plus Anterior and Posterior BioSynthetic Support System on July 16, 2007 at St. Mary’s Medical Center in Huntington, West Virginia by Dr. Mitchell E. Nutt, M.D. The polypropylene mesh implant was used to treat her pelvic organ prolapse.

Henry Garrard, attorney

Henry Garrard, attorney

The defendants are C.R. Bard Inc., Sofradim Production SAS and Tissue Science Laboratories Limited. Defense attorneys are Greenberg Traurig from Atlanta (Lori Cohen) and Reed Smith LLP of Los Angeles (Eric Alexander, Michael K. Brown).

Attorney Paul Farrell from Huntington, WV has been added to the plaintiffs’ team from Blasingame, Burch, Garrard & Ashley P.C. (Athens, Georgia).

Ms. Wise alleges negligence, strict liability for design defect, manufacturing defect, failure to warn, breach of express warranty, implied warranty and she has asked for punitive damages.  Ronald Wise alleges loss of consortium.  The plaintiff says she experiences vaginal spasms, damage to her ureter, vagina and rectum kidney, urinary tract infections, constipation, dyspareunia, lower pelvic pain, incontinence and kidney stones.

Thanks to Fonvielle Lewis Foote & Messer for their support of this trial coverage! 

Cartoon courtesy JadeR

Cartoon courtesy JadeR

Trial Highlights

The Wise case will likely echo many of the expert witnesses and documents from the Donna Cisson Avaulta mesh case against Bard which was heard in the same court before Judge Joseph Goodwin in August 2013.  Ms. Cisson was awarded $2 million which included $1.75 million in punitive damages against the company.

The last case against Bard in this courtroom was one year ago (Jones v. Bard, 2:11-cv-00114)  that reportedly settled with no disclosure on specifics.

You may recall that the former medical director for Bard, Jim Ross, who appeared via videotape, proposed doing clinical trials of the Bard Avaulta, but the company declined largely because the tests would be outdated in the ever evolving field of transvaginal mesh medical devices.

The Material Safety Data Sheet was what could be called the closest thing to a smoking gun in the Cisson case. In the label that accompanied the raw resin used to make the medical device was this language:

“Do not use this Phillips Sumika Polypropylene Company material in medical applications involving permanent implantation in the human body or permanent contact with internal body fluids or tissues.”

Instead, in an effort to protect its supply source, company executives decided to form a dummy company to purchase the resin material to provide a layer of immunity to Bard. See the August 6 story on Mesh News Desk here.


Dr. Marshall Austin, M.D. PhD

Dr. Marshall Austin, M.D. PhD

Dr. Austin- Biocompatibility Expert

In a Feb. 11 order, Judge Goodwin held that Dr. Marshall Austin, M.D. Ph.D, an expert for the defense, may testify at the Wise trial as an expert in the biocompatibility of mesh. The judge said because Dr. Austin has examined hundreds of vaginal mesh explants over the past ten years and he is qualified to testify about biocompatibility issues but he may not testify whether Avaulta was defectively designed as that is outside of his expertise.

Judge Goodwin also allowed Dr. Austin to testify about the reaction between polypropylene mesh and tissue ingrowth, on the foreign body response and wound healing around mesh.  His testimony on pore size is denied.  He will be allowed to criticize the work of the plaintiffs’ pathology expert, Dr. Bernd Klosterhalfen.

Dr. Austin is a Professor of Pathology and Director of Cytopathology in the Gynecologic Pathology Division at Magee-Women’s Hospital at the University of Pittsburgh Medical Center. See link here.

bard avaultaCase Numbers Have Nearly Tripled

When the Cisson case was tried there were 27,602 lawsuits filed in this federal courthouse against six manufacturers claiming transvaginal mesh was defective.

At this writing there are 72,465 cases filed against seven mesh makers prompting Judge Goodwin last week to tell both sides to commence settlement talks. It is not  possible for the court to handle this many cases in any timely fashion.

Bard, based in Georgia, manufactures various medical devices. It’s mesh products included:

      Avaulta Plus™ BioSynthetic Support System

      Avaulta Solo™ Synthetic Support System

      Faslata® Allograft

      Pelvicol® Tissue

      PelviSoft® Biomes

      Pelvitex™ Polypropylene Mesh

The Bard litigation was consolidated in October 2010 in multidistrict litigation in the Southern District of West Virginia before Judge Goodwin..

The Avaulta was taken off the market in June 2012 after the FDA required mesh manufacturers to conduct a three-year post-approval monitoring of women already implanted with the mesh product to assess their condition.  The company said it was making a business decision not to invest in the clinical trials for the Avaulta.

After removing Avaulta from the market the FDA no longer required the company to conduct those trials, despite the fact that thousands of women still live with the Avaulta mesh and its complications. #

By |2015-02-16T00:10:02+00:00February 16th, 2015|News|74 Comments

About the Author:

I’m National News Editor, Jane Akre and I began Mesh Medical Device News Desk aka Mesh News Desk (MND) in the summer of 2011 just after the Food and Drug Administration issued an explicit warning to the public that complications associated with surgical mesh used for prolapse repair (POP) and incontinence (SUI) are NOT rare! That was the starting point for the litigation you see today and thousands of lawsuits have been filed by women whose lives have been altered, some permanently, by the use of this petroleum-based product.


  1. justme February 16, 2015 at 12:09 pm - Reply



    Thank you Jane for the coverage.

    • Hal Lewis February 16, 2015 at 3:07 pm - Reply

      How’s THAT for proof of the power of prayer?!

  2. Hal Lewis February 16, 2015 at 3:17 pm - Reply

    This confidential settlement could be a double-edged sword for the MDL.

    The only Bard MDL case that has gone all the way to a verdict in front of Judge Goodwin ended with an award for compensatory damages to the Plaintiff of only $250,000.

    Since then, Bard has settled two other bellwether cases at the very last minute — confidentially — so that the ONLY PUBLIC RESULT on record remains the $250,000 award.

    So while it is good news for poor Ms. Wise that her case was settled (undoubtedly for a lot of money)…

    it is BAD news for the Bard MDL group because we are still left without any big verdicts against Bard in the MDL.

    But I think overall it is GOOD news in that it shows us that Bard KNOWS they are not going to win these cases at trial and that they NEED to settle all of them before they get hammered over and over again.

    • Hal Lewis February 16, 2015 at 3:48 pm - Reply

      I can assure you that Judge Goodwin is NOT HAPPY with this as it does absolutley nothing to speed up the MDL bellwether process with Bard. He needs to retaliate by ordering Bard to try some consolidated plaintiff cases like Boston Scientific had to do when they got hit with two huge verdicts.

      Then again, Bard could just wait until the last minute and settle those too.

      At that point, however, Judge Goodwin would have NO CHOICE but to remove Bard from the MDL and just send all Bard cases back to their original jurisdictions for immediate trials. This would have Bard trying to defend 10,000 cases at once and would surely result in either an immediate settlement… or immediate bankruptcy.

  3. Dawn February 16, 2015 at 9:33 pm - Reply

    Mr. Lewis,

    In these trials is the toxicity of polypropylene in human tissue ever discussed? It seems to be the common denominator of all the meshes.

    Why can’t our judicial system put mesh on pause until there is a medical PRETEST to see who is a viable candidate?

    And as for settlement payouts, why not pay a teir of the larger the area of mesh coverage in the body the more damage that could have been done.. Rather than the number of surgeries.

    Seems like we could all be settled quickly.

    Figure out each manufacturers maximum payouts without going bankrupt..

    Then share the box of cookies fairly, everybody gets a bite

    • Me February 17, 2015 at 1:22 am - Reply

      Seriously Dawn !? how could you even say that the larger the size the more damage!? That is a rediculous statement. I have the obtryx and because of it I have been through 6 surgeries and only 1 was a removal the rest were all to repair the damage!

      We all have different levels of damage and pain it has nothing to do with the size of the thing it has to do with the way each individules body accepted, rejected, and reacted to the sling it has nothing to do with the size.

      • Dawn February 18, 2015 at 12:43 am - Reply

        Me… It was just a hypothetical question. I too have extreme damage caused by this mesh. There are so many of us who are damaged, I’m just trying to think of simple solutions to getting these settlements paid to everyone as quickly as possible..

        Honestly, I have no clue

      • Disgusted February 18, 2015 at 10:30 pm - Reply

        Me too! It seems to be one nasty mesh from what I’ve read. SUI has manageable problems. Yeah right!!

  4. keri February 16, 2015 at 10:24 pm - Reply

    Hal-.no such thing as immediate trial inside or outside of MDL.It will take years.

    • Hal Lewis February 17, 2015 at 10:13 am - Reply


      I agree 100%. However, if Judge Goodwin removed Bard from the MDL and freed up all of the lawyers to continue with the pending litigation against them… they would be facing 10,000 cases at a time rather than the luxury of facing ONE at a time as they are now. They wouldn’t get to have their special trial team on every trial. They would be faced with hiring outside counsel in every case — and those defense lawyers would have no clue on how to try these cases.

      THIS WOULD BE GREAT — except — that as I pointed out in my article last week, the first wave of verdicts would put them in bankruptcy and the remaining 90% of Bard victims would get screwed.

  5. Debra February 16, 2015 at 11:49 pm - Reply

    Look at it this way another one down another one won hopefully it sends a message to J&J if they do the same thing they are trying something new for a stall tactic hopefully not.Hopefully judge Goodwin will start putting trials together like Boston Scientific had maybe 2015 will be the year for a global settlement hopeful thinking.

  6. Terri White February 17, 2015 at 9:02 am - Reply

    I am so thrilled to see yet another case settle. Even more so that the client was involved in the settlement issues. It would seem that the attorneys have learned from past errors.I do pray going forward for all the victims of mesh, Let it be their choice regarding settlements.I had to learn the hard way. I know that at this point in our life we are all very sick and in constant pain. But Ladies dig your heals in be vigilant ask questions. Know what is happening with your case at every turn. Don’t blindly trust your attorneys they are there for one reason only to make money. Rightfully so , A lot of work goes into these cases but when they settle less is done. Think about long term health issues. Its time for you to be selfish.Do not cave or through in the towel. For if you are weak and vulnerable like I was !! You will lose the one thing we all have (had) HOPE !!

    • Hal Lewis February 17, 2015 at 10:09 am - Reply


      Yes, less is done when they settle… but less is also received… which means that the attorney also made a lot less than he would have at trial.

      It just isn’t fair to us attorneys to assume that we want to settle and that we somehow a getting “free money” if there is a settlement. Every one of us who represents a seriously injured mesh victim is BEGGING to get a chance to try our case and hit those SOB’s for a huge verdict. But the MDL is in place specifically to PREVENT us from doing this.

      There are pros and cons to an MDL.

      The pro, of course, is that only a few cases have to be tried and then all the rest can be settled. In a perfect world where there is plenty of money available to settle the cases, this WORKS WELL for victims.

      The con, however, is that all of the lawsuits across the country are scooped up into the MDL and then put on hold so that the DEFENDANTS have time to litigate the bellwether cases.

      So NORMALLY… everyone would be fine with the prospect of sitting back and watching the bellwether trials and then ending up with a fair settlement. Nobody would have any reason to be miffed with their lawyer.

      But in this case, when the global settlement is surely going to disappoint everyone… it isn’t right to blame your lawyers for it. Because trust me, if you had NOT hired a lawyer and NOT filed a lawsuit… you would be getting nothing.

      • Terri White February 18, 2015 at 6:46 am - Reply

        Hal, I’m not miffed with the attorneys that represented me. Just heart broken !! Emotionally and mentally beaten to a point that know one would ever want to be. Five years since my case was settled and I am living in the darkest hell imaginable. Not ashamed to admit that I pray for death so constant thoughts of one really bad day will stop. Sir, I had endured some of the worst that mesh can cause .Eleven years later and mesh continues to eat me alive right down to inoperable torn rotator cuffs. Yet I eat a few pain killers and push myself through each day. I have excepted my physical lose. Hope comes from a strong heart and mine. I have neither. For those (attorneys) that I trusted and thought cared for me as a person took advantage of my intelligence. I am so ashamed that I would let anyone do me that way. Strange how statements from the past come back to haunt. My daddy the father of ten, use to tell me I was the weakest of all. He was right for I sat there and let grown men (one in particular) beat me down to the dark hell that surrounds me now.

        With all that being said. Hal, if my story helps one lady to be stronger. More importantly wiser during these settlement negotiations I would have helped . Maybe your different. You do seem to be genuine and concerned for these ladies. I only pray for the best outcome possible for all involved.

        • kitty February 18, 2015 at 10:40 am - Reply

          Hello Teri….I just read your post and cried. PLEASE STAY STRONG

          I am hoping that some day we will all meet

          I am homebound at this time for a short period. I will pray for you and for all of uss

  7. Diane Elliott February 17, 2015 at 11:33 am - Reply

    Mr. Lewis, Thank you very much for all the time and information you have shared with us. I was wondering why? When I requested my M D L case number from my attorneys, I was informed I do not have one, because there are so many cases involved. They assured me my mesh manufacturer has been notified of a claim. Why would it be handled in this manner?

    • Hal Lewis February 17, 2015 at 11:34 am - Reply

      Let me see if I can get an answer for you on that. I will get back to you asap.

      • Hal Lewis February 17, 2015 at 11:57 am - Reply


        There could be several reasons for the information that you were given. A lot of cases have not been filed in the MDL and were instead filed in state courts around the country; it depends on the circumstances of the case, the manufacturer, and whether a doctor was also sued.

        If you have AMS mesh, there is now a tolling agreement in place so your case would not be filed. Same with Coloplast.

        If you are a Florida claimant, your case will either subject to a tolling agreement or filed somewhere by July 13, 2015.

        In short, you are probably getting correct info. It just depends on your situation.

  8. Debra February 17, 2015 at 11:35 am - Reply

    Hal in regards to your last comment what about J&J if they decide to settle they do have enough money’s for a fair settlement I do understand the smaller companies can only give what they have but J&J has $Billions upon $Billions so do you expect us to sit back and not get a fair settlement if your case is with J&J.Also maybe the lawyers should start including the Drs in these laws suits if they have a representative from these Manufacterours in the operating room with them as most are being told not to sue the surgeon who put the mesh in and needed help from someone who isn’t qualified to do so.

    • Hal Lewis February 17, 2015 at 11:58 am - Reply

      J&J is an entirely different situation. They can afford to pay a LOT more in any global settlement.

      Whether they will choose to do so or fight them for 20 years is yet to be seen.

      • jade February 17, 2015 at 1:26 pm - Reply

        Hal – Do you have any information regarding settlements from Boston Scientific. And, where does BSC stand in the lineup of manufacturers in settlement talks and timing? I know they are consolidating cases, but they still have thousands to go. In your professional opinion with a case filed in the State of Massachusetts -when can we expect to receive settlement money – this year, 5-years or decades?

  9. jade February 17, 2015 at 12:32 pm - Reply


    This article is from Nigeria/NEWS24 Nigeria! And, Nigeria is classified at best as a “Developing Country” with “Second Class Status”. What terrible crimes against women these manufacturers have committed in supposedly the greatest Country in the World – the USA,with, so far, little or NO major consequence. In my opinion, they should be punished and fined severely for their experimentation on women. They, and their paid doctors, didn’t give unsuspecting women any disclosure or show mercy – they conspired knowingly to experiment on women without our consent.So, how is it that our Justice System (?) is even allowing manufacturers to mount a defense? They didn’t follow the rules and literally perpetrated

    crimes against humanity!

    “Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, “are particularly odious offences in that they constitute a serious attack on human dignity or grave humiliation or a degradation of human beings.”[1

    Where is the Justice for the victims who are asked to remain silent – in financial distress and in never-ending physical pain?

  10. Debra February 17, 2015 at 12:46 pm - Reply

    Thanks Hal:So much for this not becoming a black hole if J&J decided to carry on and on and on but if judge Goodwin started putting large amounts of cases together surely it would not take 20 Years.I see there was no comment on the Implanting surgeons being sued if research was done and you found out that the surgeon had a rep guiding him through the implant wouldn’t you not be upset, or you found out that the mesh was in a very unusual place and not where it should have been on top of the mesh decaying inside of you.Is it possible to hold a product liability law suit and also a medical malpractice in two separate law suits.

    • Hal Lewis February 17, 2015 at 1:23 pm - Reply


      No, you cannot have two separate suits. You have to bring all claims in the same action.

  11. justme February 17, 2015 at 1:20 pm - Reply

    Thank you Jane again for the updates.

    G-d bless the victim and the plaintiff attorneys. Very good news.

  12. sandy February 17, 2015 at 1:33 pm - Reply

    I don’t care big or small these companies put the chemicals into my body that they should not have I continue to have infections I have suffered greatly I am severely injured I’ve lost everything but my faith in God and I will not sit back and be given a settlement that is ridiculous all of us women have suffered greatly

    • Hal Lewis February 17, 2015 at 2:01 pm - Reply


      Nobody is disputing that you have been injured.

      Just like nobody would be disputing it if your neighbor had come over and poisoned you.

      Your neighbor would legally “owe” you $3 million… just like the mesh manufacturer might legally owe you $3 million…

      but in the end all you would probably get is a piece of paper that is no different than a $3 million I.O.U.

      It is easy to sit here right now and be angry and say “I am not going to settle for anything less.” I understand that. It is perfectly natural. Every injured victim is rightfully angry.

      BUT… if a time comes when you are offered a settlement and there is REAL CASH on the table (and hopefully a sizeable amount)… and you have the option of taking the guaranteed money tax-free OR continuing forward with a very expensive and risky lawsuit against a company that may not be able to pay you…

      I sincerely hope that you will give real thought to why a bird in the hand is better than two in the bush.

      If you ever watched “Let’s Make a Deal”… you do not want to turn down good money to take what’s behind Door #2… only to have it be a billy goat or a jar of orange marmalade.

  13. Kim February 17, 2015 at 1:49 pm - Reply


    I had two surgeries, one where I was implanted with the sling from BSC, and the second where a patch of polypropylene was placed in a different location. I do not know the company responsible for that. Having problems because of both. Am I supposed to just forget about the second mesh implant and only pursue the case against BSC?

  14. kitty February 17, 2015 at 3:47 pm - Reply

    I am confused. Are the original implants considered a revision? And then if they go in again to cut out the mesh and do more repairs …is that considered 2 revision?

  15. kitty February 18, 2015 at 2:51 am - Reply

    We need some kind of “rest room” if you will set up by the companies that are involved with mesh litigations. THESE “Restrooms should be equipped with private whirlpool bathrooms and other comfort equipment–a warm swimming pool and inhalation room with a therapist to assist us in meditation whilst coping with the pain of Sciatica and muscle spasms. MANY OF us cannot work this needed care into our budgets’—it is a lu

    luxury that we need to keep us alive

    spasms and pain.

  16. kitty February 18, 2015 at 2:51 am - Reply

    We need some kind of “rest room” if you will set up by the companies that are involved with mesh litigations. THESE “Restrooms should be equipped with private whirlpool bathrooms and other comfort equipment–a warm swimming pool and inhalation room with a therapist to assist us in meditation whilst coping with the pain of Sciatica and muscle spasms. MANY OF us cannot work this needed care into our budgets’—it is a lu

    luxury that we need to keep us alive

    spasms and pain.

  17. addison February 18, 2015 at 11:14 am - Reply

    Hal, we definitely understand your point (above) and appreciate the time you have taken to answer questions. We hope you understand where we were coming from in comments under your article. Our loved one started facing this in her early thirties with several children. We won’t get into everything but can tell you that she has suffered tremendously-always in pain, often very ill, hospitalized many times, and much more.

    The ‘submit comment’ box disappears when we

  18. addison February 18, 2015 at 11:21 am - Reply

    Sorry, Hal. The comment box sometimes disappears when we type more than a paragraph or two.

    This family, including husband and several children, has experienced so much heartache from this. It would take hours for us to write all the devastion, and we understand this isn’t the place for it. We just hope to ask you a few questions. If you find some time to answer, we’d much appreciate your opinions and answers. Looks like we’ll have to post these below. Sorry for this.

  19. Nonie Wideman February 18, 2015 at 11:26 am - Reply

    appreciating your perspectives Hal and ladies ……

  20. addison February 18, 2015 at 11:30 am - Reply

    Hal, as we explained in a comment under your first article, we do not want you to get into specific settlement details. We understand that this is against the law, and the details are for the plaintiffs, attorneys, and companies involved in that particular MDL. If you can possibly give your opinions to these below…

    If every company opts to settle all qualifying cases, will tiers be applied? Will everyone in the Ethicon MDL, for example, be placed in a tier? (more below)

  21. addison February 18, 2015 at 11:43 am - Reply

    If so, Hal, are funds distributed equally within a tier? In other words, will each injured plaintiff within a tier be awarded equally, or are there possible tiers or considerations within tiers? Again, we are asking how this typically works and do not expect you to give specifics on current settlement offers in this litigation. Many of us do not know how this works.

    You have mentioned the number of removal surgeries not being the only deciding factor. This makes sense because severe or permanent injuries can result from…

  22. addison February 18, 2015 at 11:53 am - Reply

    Sorry…can result shortly after the initial surgery, years down the road, etc. Some undergo revisions and are further injured due to the nature of the products and removals. Others cannot undergo revisions due to complications. In stating other factors are indeed examined, Hal, would you mind sharing what you think should and likely will be considered?

    Also, when settlement offers begin or even when in place, are individual negotiations possible? Are plaintiff attorneys allowed to contact the other side and discuss particular cases?

  23. addison February 18, 2015 at 11:56 am - Reply

    Thank you, Nonie. We appreciate you, too!

  24. addison February 18, 2015 at 12:24 pm - Reply

    Lastly, Hal, our loved one is still in her thirties — strong, brave and worked as much as possible until one of the revisions. She struggles every single day, trying to be a good wife and mother. So much she can’t do. She absolutely cannot work. If she ever tried pushing through somehow, she’d lose any job due to the number of illnesses, hospitalizations, appointments, and the rest. She qualified for disability right away, but you can maybe imagine losing a loved job and the income needed for a large family. Will this also be considered, and how does disability through Social Security affect one’s case?

    • Hal Lewis February 18, 2015 at 1:28 pm - Reply

      Settlements will not affect anyone’s right to remain on SSI disability and to receive those benefits.

  25. addison February 18, 2015 at 1:44 pm - Reply

    She is on SSDI, not income based disability. We are wondering if this is looked at in injury claims and if it affects negotiations or settlements. We know it isn’t lost or taken away because of a court victory or settlement.

    We posted other questions, those that many have and have asked on this site. Can you possibly answer these as well? They were posted again today (above). Thank you, Hal.

  26. addison February 18, 2015 at 1:47 pm - Reply

    And, Hal, regarding the above, she is on it because of the implant complications. Want to make sure this is clear. She was healthy, active, and worked hard prior to this.

  27. Sandy February 18, 2015 at 2:37 pm - Reply

    Hal why would I take less than I am deserving in. I believe these companies have the money to pay us what we deserve. I would rather wait and fight them I. Court and get 10 birds than jumping in to soon and get little or nothing. My cae is strong, very strong. I know regardless of that they may go bankrupt. I don’t thnk so! And I don’t believe a judge would let them walk away and not pay me. Why are you so forth coming with legal advice to us? You have no idea of my injuries! You have no ideal what it is like to sit here day after day just surviving!! Mr. Lewis i wish you could suffer for a year like many of us have although we’ve been through it for YEARS!!!

    It almost sounds like you are working for the medical companies saying take a settlement, don’t fight it!!! I am sick and tired of someone-you or any one – saying we should take what ever we can get and be happy! NO DAMNIT I WON’T!!!! I will not take less than what they have taken from me!!! I will not settle while they go on their happy little way making lots and lots of money while they throw us into poverty and death!!! How dare you tell you tell any one to settle until you know abotu them. I don’t think you should be telling others to take what ever they can get when you know nothing of their injuries. This is plain insanity to just take 50,000.00 and die away just to make these horrible companies happy. How dare anyone tell us to just settle quietly when lives and families and marriages and just plain being able to make it through and not lose your house and everything. You don’t know me Mr. Lewis so don’t advise me just because I post something here! I have a great attorney and he is the only one I will trust BECAUSE HE KNOWS HOW BADLY I HAVE BEEN HURT!!!!!!

  28. Debra February 18, 2015 at 3:10 pm - Reply

    Sandy I think you just summed it up !!!!! Thank You

  29. sandy February 18, 2015 at 4:29 pm - Reply

    Thank you Debra. I don’t mean to be rude or anything like that I’m just tired of being told that I should just settle for whatever I can get, not this time Mr. Lewis not this time to AMS. this time you will have to pay for your mistakes. my attorney has advised me against listening to you or any of the doomsday sayers. hang in there ladies our day will come it has to if there’s a God in this universe he will not let this happen to us he will not let injustice rule the day

  30. Karen February 18, 2015 at 7:40 pm - Reply

    Hi everyone , thank you Jane for all this information and all your help . Today is my 49th birthday We made peach cobbler with the help of my 3 children ,it come out delicious. I spoke with my attorney and I was told if I don’t like an offer I would go to trail. I never thought I would need help doing any thing til now. We figured we can make tshirt about the corporations . It will read Johnson and johnson Corp. Butchered my Body !!!! I wish I had millions because I would make tons of shirts . We will make 1 T-shirt a week till I have about 20 days worth and where it everytime I go to the doctor . Take care everyone

    • kitty February 18, 2015 at 10:07 pm - Reply


      • addison February 18, 2015 at 11:16 pm - Reply

        Good evening, Kitty. I think Karen was told that she will then go to trial/court. Let’s hope it’s this! 😉

        • kitty February 19, 2015 at 1:25 am - Reply

          Ok I never heard that term—thanks

      • Karen February 18, 2015 at 11:42 pm - Reply

        No , going to trail. With my attorneys in court. I was told before I signed legal papers to hire my attorneys ,I was given answer to some questions, The question was the amounts that we could sue a doctor for and a amount we could sue corporations for , my attorneys told me That doctors insurance want carry a large enough policy like a corporation. Some attorneys say they only take Corparations to court is what I was told. But we found out that lawsuit to the doctors that operated on us will bring the corporation to court with them . That was the case last year remember, these doctors know what’s happening and they are not taking the blame . Think about when this all started all the judges started stopping the cases in their court room and making excuses about these cases moving them to MLD and look where we are know . So taking $ 40,000 to settle is foolish I’ll take $40.000 a hour from these corporations not a penny less.

  31. cybil February 18, 2015 at 8:07 pm - Reply

    Let us NOT FORGET so quickly about the GREAT announcement made by Motley Rice regarding the meager settlements offered to AMS victims (approx. $40,000 per victim) – and, I quote:

    “This week, however, I was proud to be part of the legal team that helped find resolution for many women allegedly harmed by transvaginal mesh devices manufactured by Endo International plc and its subsidiary American Medical Systems, Inc. (AMS).” – Joe Rice, Motley Rice

    Here’s the link to the full puffed-up press release:


    Do you see a connection between “Hal” and “Joe”???? Unfortunately, these attorneys are not understanding the devastating financial burden and loss this experimental surgery has left us with, not to mention, the physical and mental pain, loss of companionship, family, friends and life as we knew it! $40,000 won’t even buy us a decent funeral!

    This is America people, we build Walls, Monuments, Museums to honor the victims of War crimes, our Fallen Heroes, and our victims of Terrorism – all perpetrated by our ENEMIES! In contrast, as AMERICAN women/mothers – the vessels from which all life has been borne and nurtured – these AMERICAN COMPANIES are denying responsibility for their negligence and greed. They continue, as do the Lawyers, to undermind our right to be compensated – fully and justly. They have succeeded in their GREED to take away our lives, and now, these corporations, their attorneys, ALONG with our attorneys are determined to take away our dignity. Fellow Victims, I submit to you that they are the “enemy within”.

    • Kim February 23, 2015 at 7:23 pm - Reply


      Awesome post!!!

  32. lydia February 18, 2015 at 8:54 pm - Reply

    Am just back to write – been in devastating condition. Nothing seems to be happening and I need to get financial assistance. Doesn’t look like this MDL is going to help. My girlfriends asked if I could drop out of MDL and hire an attorney on an individual level to take my case to court. I have a good case. Is it possible to do this? Thank you.

  33. msm February 18, 2015 at 9:00 pm - Reply

    Hal, what is a “tolling agreement”?

  34. addison February 18, 2015 at 9:36 pm - Reply

    Hi msm. We see that you asked Hal about tolling agreements, and he can hopefully elaborate for you when he has time, but we found this: “A tolling agreement is often used so that a party may avoid having to file an action while taking additional time to assess the viability of its claims as well as the amount of damages. When a tolling agreement is drawn up, parties waive the right to use the statute of limitations as a method of defense… (continued below)

  35. addison February 18, 2015 at 9:44 pm - Reply

    continued (first portion of definition above)

    …Tolling agreements are intended to only affect the statute of limitations, not to provide an admission of wrongdoing.”

    -US Legal

  36. addison February 18, 2015 at 10:09 pm - Reply

    Dear msm, we hadn’t heard of it either. We can see why those involved are concerned. What we gather from Hal’s statement, however, is that this isn’t out of the ordinary or something that will negatively impact those who filed a claim.

  37. addison February 18, 2015 at 10:26 pm - Reply

    Hal, thanks again for answering questions on this site. If you have time this week or next, we would really appreciate answers to a few questions posted earlier today. You are probably overwhelmed with comments and questions. Although everyone doesn’t see eye to eye on certain points — this is a very difficult situation all around — we do appreciate the time you are taking to state your opinions and answer questions.

  38. Diane Elliott February 20, 2015 at 1:29 am - Reply

    Jane, Are you alright? We haven’t heard from you in a while.

    • addison February 20, 2015 at 11:22 am - Reply

      Hi Diane. How are you this morning? I grabbed my phone to see if Jane had posted anything today; we’ve noticed this as well … looking through recent articles for any comments by Jane. We hope you are ok, Jane.

  39. Debra February 20, 2015 at 12:56 pm - Reply

    Jane me to I have noticed you haven’t posted nothing for a few days or commented on anything hope you are feeling ok

  40. sandy February 20, 2015 at 5:32 pm - Reply

    I haven’t noticed anything either and I’m very concerned she usually has great insight to a lot of issues. Jane maybe you need to take a week off maybe something else came up whatever it is just know that you are not a thought in our prayers and we appreciate you more than words can say. take care hun.

    • Debra February 21, 2015 at 11:46 am - Reply

      Has anyone emailed Jane directly it’s not like her not to post anything for a day let alone a few days just hope she’s having a bit of a rest and everything is ok miss your input Jane.

  41. sandy February 20, 2015 at 5:33 pm - Reply

    sorry stupid phone you are in our thoughts and prayers

  42. ANA February 20, 2015 at 9:28 pm - Reply

    I don’t often put my comens in but I read them all the time. I think a lot of the coments have been a litlle overwhelming, with that said, everybody has a story.

  43. noname February 20, 2015 at 11:04 pm - Reply

    Sadly I believe if you don’t except your settlement And you have not had at least removable/ replacement. . Your attorney will probably just dismiss you and I hope your status of limitations have NOT passed for another law firm to agree to bring you on as a client. .

  44. PLC February 21, 2015 at 10:16 am - Reply

    Has anyone heard the outcome of the 3 week trial in California of Perry vs Ethicon yet?

    • jade February 21, 2015 at 12:02 pm - Reply

      Perry vs. Ethicon is commencing again on Monday, Feb 23rd @ 10AM according to CVN.

    • Jane Akre February 25, 2015 at 7:03 am - Reply

      Perry is still going on…. and on… and on…. there are many breaks. Likely due to the judge’s court calendar. I’m trying to keep up. thanks…

  45. Debra February 22, 2015 at 2:31 pm - Reply

    Jade the Perry vs Ethicon do you know if there has been any updates on that case?

  46. Paige February 22, 2015 at 9:39 pm - Reply

    Hal – I hate seeing so many people interested in “killing the messenger”. I understand their frustration but wish more attorneys were willing to speak so frankly and logically. You are truly a God send even if there are so many who don’t want to hear the truth.

    PLEASE hear him ladies – all of our attorneys are also taking the risk that they will not receive a dime if we lose our cases or if the companies go bankrupt. And yes – if they go bankrupt they DO NOT have to pay you or your attorneys. So whoever said that the judge wouldn’t let them not pay us doesn’t understand the financial implications of bankruptcy. Bankruptcy is a process of discharging debts – meaning that once the company is bankrupt their assets are liquidated (sold) and the creditors split what is left. First in line are secured creditors then other creditors. If you think the settlements are going to be small – imagine what it would be if they file bankruptcy.

    I am so sorry that so many lives have been changed and ruined but Hal and our attorneys are not the enemy.

    • Jane Akre February 25, 2015 at 7:02 am - Reply

      Thank you Paige…you are right, most attorneys are not willing to speak truth to you’all and Hal Lewis is. I believe his words represent what is being said behind the scenes. Why attorneys will not go public, on this forum or elsewhere, is likely due to protecting the process, but still, there should be some more effort, like Mr. Lewis, to reach out to you, their clients. I commend him. ~ ja

  47. Another Survivor March 1, 2015 at 1:30 am - Reply

    Hi Fellow Crime Fighters,

    Yes, crimes. This is what has taken place. I am so sorry that not only has my TOT sling destroyed my marriage, my sexually, my energy and my family and friends don’t want to be around a downer that cannot participate in social functions or even cook like they were used too from me before mesh destroyed my happy life. I still experience constant vaginal infections that are relentless. Tooth infections, skin rashes, shooting and random pain. Sex is out of the question, married or not. I just finished my second round of antibotics for severe ear, nose and lung infection. I am being ignored locally. I have no health insurance, I cannot work. I am pending divorce with absolutely no support from my husband. I have had five back to back surgeries and I was not inflicted with any of these reasons for the surgeries until AFTER the mesh sling implant. I have been put off, turned around and left to rot inside. I am beginning to believe the local medical organizations want us to just die off or just go away. I need to have a GYNO and a Urologist that I can trust but I cannot afford them or my primary care will not refer me. He just keeps giving me antibotics and I don’t even get pain medication anymore. Which, honestly made the pain worst in the long run. Not to mention, becoming addicted to the pains meds from all the recent surgeries. It was hell coming off of them on top of everything else.

    I am sitting here and, as I type I am suffering from a severe vaginal infection. I mentioned it to my primary and, he ignored me and changed the topic right away. The last time I saw the gyno that assisted with implant and then performed two diagnostic surgeries with the final one, performing the surgery that should have been done in the first place. Had I known there was a choice, I would never have allowed or chosen the implant. Now, the only Urological clinic in town refused to allow ANY DOCTOR there to treat me. This just seems criminal or discriminating to me. Is it Hal?

    I also saw the word “sarcoma” in my gyno file right before he released me from his care. He did not want to address the question and he did not address the question. I am so tired of all the lies and deciet. Have we become so indifferient and cold to human life and humanity that just becase they do not want to get involved or step on any toes, we mesh victims must just dissapear or die. Its a crying shame. God will have his vengence and we will be given our Justice. God keeps His promises and the bible tell us this is going to happen. This is the only way I get through the day, through the years is my faith in a Loving God. Not in murderers for hire.

    God bless each and everyone of the victims and their families of the Mesh Holocaust. Keep fighting Lana, I am so proud of your strenght and courage. You are not alone, we all are following you. God is well aware of all things here on earth. Believe it or not, we all will face judgment. I just hope its soon for the lot of us.

    Anybody got any recent, relevant and accurate information regarding Coloplast and where they are regarding settlement. I informed one of the tvm team, (not a real attorney) cant seem to get to speak to my own personal representative. They claim too be too busy to speak to all of us. Well, busy or not , they better speak with me before agreeing to anything under two million. I had three documented removal, two diagnostic tests and a repair, I had appendectomy two weeks after the sling was removed, then I had injuries to the same right side hip and right knee after the piece was left embedded in my pelvic bone. I get stabbed occasionally by it catching on something inside me. Its always on my mind, if it moving. Am I getting cancer? Who can I trust? The answers are always the same. NO ONE LOCALLY GIVES A HOOT.

    I was lied too by attorneys who claim to be on my side, but wasted my time and case. Its no wonder we don’t trust attorneys or doctors. This is happening in too many cases to be a coincidence. Why has the press not ran with this? They can waste our time with stupid stories of animals and such but why not Mesh? Maybe we all were singled out for population control.

    These are the lingering thougths of paranoial this travisty has caused me and I have read others. We must fight and not settle unless it pays everybody owed with plently left for the survivor. We suffer while everybody else goes on vacation? Not in my world. I may start a petition online for the Florida Bar Association regarding wasting our time and not being given fair treatment. With enough signatures, protest and such maybe this would wake up the sleeping giants. I am tired of being trusting and quiet. If I am going to end up with nothing as I have now, I will blow the lid off the secrecary they request of us. I am sorry for going on and on. I just get so passionate and pissed. How can they put a fair price on losing everything that meant anything to us? I lost it all and all I have now is my hope that I will be able to continue treatment. I just hope its not too late.

    Can we bring action against a doctor or doctors who choose to ignore symptoms as to not get involved, then come to find out one has cancer or some severe damage or infection that, HAD the doctors listened when we tried to tell them what we believed was happening because it was happening to almost everyone of us, could have been avoided yet was ignored. In other words, if we can show that cancer or whatever was related to our symptoms or suggestions, would that not be actionable on a local level? Thank you for caring enough to give answers. Truth does help even if the truth is not what we expected. God bless and keep you all!

    I am facing a remanded appeal for SSD, the adjucation judge did not even consider my damages caused by the mesh, so at least the appeal judge has remanded it back for a rehearing, any advice from anyone that got approved because of mesh???? I cannot work in the same field I worked in before mesh. I had to file appeals every semester but I went to college and I was on AB honor roll just two months prior to the original implant, since my grades have turned to Fs and my transcript is screwed up. I have tried and tried to get hired anywhere, even if I could or could not keep the job but I have not gotten but one return call since 2010. What are we supposed to do? No family, no husband now? Cannot work like we used too, what if no disability? What we are supposed to just turn the other cheek? Be homeless and dead? Dream on manufacturers dream on……Not going to happen! God forbid!

    Thank you all for sharing. Thank you Lana for being brave, a Mesh Soldier!

  48. Bejah B September 15, 2015 at 12:33 am - Reply

    I think it is very nice of Hal Lewis to contribute to this site. I am, however very distressed to see some people seem to take advantage of his willingness to offer some guidance by asking far too many questions, questions that realy should be asked of their own legal counsel or perhaps a local legal aid office. I hope Hal will not now be discouraged and depart for quieter corners of cyberspace.

    Personally I find it distressing to hear the constant drone of victims clammering to know when their settlement was coming. We should be concerned about our degree of wellness or unwellness first of all and it is unbecomming to appear so hungry for money. Finally this constant chatter is not going to help, it is not going to make a settlement proposal appear in your mail any sooner and the stress is very bad for you. Have ya’all heard the saying, “A watched pot never boils”?. There is truth in that. Keep an eye on the pot people, but do not stand in front of it, tapping your foot and fuming.


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