Philadelphia Firms Asks Judge Goodwin to Deny Paying MDL Lawyers Millions in Fees and Expenses

//Philadelphia Firms Asks Judge Goodwin to Deny Paying MDL Lawyers Millions in Fees and Expenses

Philadelphia Firms Asks Judge Goodwin to Deny Paying MDL Lawyers Millions in Fees and Expenses

Mesh Medical Device News Desk, December 3, 2018 ~ It had to happen.  The hundreds of millions of dollars resulting from the 5% common benefit fund, paid by injured plaintiffs, must be distributed to pelvic mesh litigation lawyers. But how? 

One firm says pay half of the fund back to plaintiffs!  

A leading mesh plaintiffs’ law firm is asking Judge Joseph Goodwin to deny paying pelvic mesh lawyers involved in multidistrict litigation (MDL) hundreds of millions of dollars in fees which it calls “excessive and unreasonable given the outcome of this litigation…”

When 104-thousand pelvic mesh defective product cases were consolidated in Charleston, West Virginia, jury verdicts and /or settlements were assessed a 5% fee to be set aside in a Common Benefit Fund.

That fund is supposed to compensate lawyers for their costs and expenses of uncovering evidence working up a case with the discovery to be shared by firms and used at trial.

Lawyers must travel at their own expense, pay for expert witnesses, and in general put out millions of dollars and thousands of hours to get cases ready for trial. The fund is intended to reimburse their expenditure and their hours.

At the present time the Common Benefit Fund has $366 million to be distributed among 94 law firms on a sliding scale depending on hours contributed and the hourly rate. It could swell to an estimated $550 million.

Lee Balefsky, Kline & Specter

A lawyer for Kline & Specter says return half of it to plaintiffs!

Lee Balefsky says the Plaintiffs’ Steering Committee (PSC) has failed in its job for plaintiffs.

First it failed to achieve a Global Settlement of the litigation therefore “should not be generously rewarded for its failure,” he says in a November 26 filing in the Neomedic MDL.

Thousands of cases remain unresolved. In some cases settlement dollars are less than $40,000 before any 40% in legal fees are taken out and any medical liens or repayment of Medicare and Medicaid. Those settlements should not be rewarded, he writes.

The 5% common benefit fee is too high, writes Balefsky and some firms are being “significantly overcompensated.”

He points out that “a few firms are seeking to grab two-thirds of the fund. Instead they should remit their proportionate share of these saved funds to the injured women. Thus, the proposed allocation is directly relevant to the proposed assessment – and both are wrong.”

Meanwhile the average trial award has been just under $10 million.

A lodestar crosscheck method of calculating attorney fees is typically considered in compensation.  The courts multiply the hours of work by the attorneys’ hourly rate resulting in the lodestar. It can be adjusted upward or downward accordingly.

FEE AND COST COMMITTEES

The Common Benefit Fees and Cost Committee (FCC), made up of eight law firms, is headed by Henry Garrard of Blasingame, Burch Garrard & Ashley of Athens, Georgia, which seeks the largest amount of compensation, based on the greatest number of hours contributed to the discovery process.

Those eight have awarded themselves $249 million of or two-thirds of the $374 to be distributed. This averages nearly $29 million per FCC firm, or $739 an hour.

Meanwhile Kline & Specter falls at the other end of the range and is scheduled to collect at an hourly rate of $116, says the motion. The Philadelphia-based law firm has submitted thousands of hours of work done for state litigation in Pennsylvania, which it says are not being considered.

The hourly work should be compensated at the same rate as the FCC law firms, something Garrard had promised to Balefsky as is submitted in an accompanying exhibit e-mail.

Kline & Specter has obtained a number of favorable jury verdicts that contributes to “the overall success of the transvaginal mesh litigation.” It’s cases heard in the Philadelphia Court of Common Pleas have amounted to five verdicts over more than $105 million.

SETTLE EARLY, SETTLE CHEAP

Because of the sheer number of cases in this product liability litigation MDL, many law firms took thousands of cases, too many cases to deal with them individually or adequately, the motion indicates.

As a result, MDL attorneys disadvantaged litigants by settling their inventories way too cheaply, writes Balefsky,

“making it difficult for other attorneys to settle their cases reasonably. They did this despite the huge verdicts in the vast majority of mesh trials.   These discounted settlements were driven by the sheer enormity of the number of claims and the inability of lawyers to discover and try hundreds of thousands of cases in their inventory.”

Also to be considered- some mesh makers settled case early with no trials scheduled and no discovery required. American Medical Systems (AMS) closed its mesh division and sold to Endo International. No AMS trials were conducted.

Coloplast and Covidien entered into an early settlement program and no discovery was every conducted in those MDLs.  There should be no 5% common benefit fee because there was no common benefit work, Balefsky writes.

He points to Riley Burnett’s law firm which submitted $10 million in expenses and 1,662 hours for compensation in the Coloplast MDL where no true discovery took place.

“This is fundamentally wrong and any proposed distribution of funds regarding Covidien and Coloplast should be returned in full to the clients and the firms who negotiated the settlements.”

Transparency is needed, Balefsky writes.

The FCC will not provide requested documents so others can review the methodology used in determining fees.

Lawyers are not being told the total number of cases settled per manufacturer, the average settlement and/or the hourly rates.

“Discovery on these issues is needed.”

HENRY GARRARD WEIGHS IN TODAY

Henry Garrard III

In a response filed December 3, Monday, Henry Garrard, joined by seven other lawyers on the FCC committee, objects to Kline & Specter’s letter. The firm is the only one objecting and those are “self-serving and unfounded.”

Kline Specter (KS) has benefited from the MDL, including tens of thousands of hours of work product, Garrard says.

“KS was predominantly a consumer rather than a contributor to the common benefit.”

He also objects to the premise that firms took on too many cases that resulted in settlements instead of trials.

KS has 3,000 cases and has only tried a few.

“This after-the-fact claim that any firm’s settlement values were negatively affected by the number of clients represented by that firm is factually groundless and patently unreasonable.”  ###

By | 2018-12-11T12:00:10+00:00 December 3rd, 2018|News|54 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.

54 Comments

  1. Gina December 3, 2018 at 2:51 pm - Reply

    If i understand this correctly. The “leftover” money awarded is going to attorneys! This is UNBELIEVEABLE ! The victims should get that money! After paying 40% to the attorney and then more to the various other services the attorney has enlisted. The victim walks away deformed, hurt and psychologically affected for the remainder if their life! SHAME ON THE LEGAL SYSTEM THAT ALLOWS ATTORNEYS TO BASICALLY BE PAID TWICE AND THEN SOME! $$$$

    • Jane Akre December 3, 2018 at 3:01 pm - Reply

      Read the story, some of it is for the time spent getting the case ready for trial with information that is shared by all law firms involved in an individual MDL. It was 5% most often taken out of your award or settlement.

      • Lynne D December 3, 2018 at 8:40 pm - Reply

        Why are all cases penalized five percent for the few cases that had extraordinary discovery and work allocation. It doesn’t seem to me, that the rest of us, that never saw the inside of a court room, nor had the opportunity of being awarded millions of dollars should be putting anything into the grand mal pot. I just don’t get this game. So now the the legal eagles are going to fight among themselves with certain firms trying to pull off a grab for the biggest amount. Corruption extraordinaire. Makes me sick. Suck the marrow out of our bones. Greedy beyond belief. So it’s not forty percent. It’s really forty five. If that five goes to the lawyers – for what? Doing the work that fell under their forty percent cost for service. Holy Mother where is this judge. Does he really show up in the court room? The American sham!

        • Jane Akre December 4, 2018 at 12:11 pm - Reply

          It is up to the system – the MDL panel to take a close look at this. With the help of you and Elizabeth Burch, the U GA law professor, we can all speak to the panel. This WILL go down in the history books at the most incredible MDL and for all the WRONG reasons……..

      • Lynne D December 3, 2018 at 9:06 pm - Reply

        Well why am I being charged for work done on another trial prep? And how is it possible that Gareard et .al. get to award themselves while not keeping their colleagues informed? This really shows the beasts for what they are. Carrion buzzards feeding of the injured. Is it true that they will not even keep their own colleagues informed of how many cases were dealt with within each manufacturers venue. Hovering over the stats to protect their greedy pile. Meanwhile, the victims can rot in life long pain. Looks like Kline and Spector are the lost orphans within the legal arena. Do they really want to help out the plaintiffs or do they just want to use this as leverage to get their per hour rate increased? I just can’t believe this. What the hell are they all being paid for at forty percent. It’s not a new phenomenon that travel is involved. That expert witnesses are involved. So what? Pay for this party out of your usurious plaintiff fees. The forty percent wasn’t enough. They knew what the were doing when they signed up as many as they could get their greedy hands on. Then farmed the work out to other firms. This in fighting really gives us a chance to see the bloody fools for what they are.sure , go ahead and cut some more unsuspecting victims up and put this crap in as many bodies as possible. Keep the nasty cycle going to enrich yourselves and your masters the manufacturers. So angry, as I sit here in pain, waiting for my settlement, so I can pay back all the people I owe money. Go ahead boys, knock each other out. In fight. Too bad with all this extra work they claim to have done they never had time to speak with us on the phone to answer questions. Or provide information by mail to keep us informed. So they had to travel. Isn’t that what the forty percent was supposed to pay for?

        • Jane Akre December 4, 2018 at 12:08 pm - Reply

          So if there was no 5% common benefit fund – how would the law firms that spent millions to prep cases for trial be reimbursed? I know for a fact lawyers flew to Europe,stayed in hotels (nice ones), were on the road countless hours, conducted hundreds of depositions which require travel, spent hours combing over documents and putting them in a chronology that tells a story. So for those who worked the hardest on determining the narrative that eventually will appear before a jury- where should their reimbursement come from? That is the common benefit they all shared in. If there was no 5% then those who work the hardest would be a level playing field with the ones who were paper shufflers and just hoping on the mesh gravy train. There is a difference between firms! Your thoughts on this?

          • V December 4, 2018 at 7:41 pm

            Jane…I feel that 40% of our settlements are enough for work and travel. (BBGA) took 4% common Benefit Expense, plus 1% Common Benefit Expense to the court, so I really paid the total 5%, Client Specific Expense, Settlement Program Expense Allocation, plus the 40%. This is Executive Fraud. This Common Benefit Expense is just another way for some Firms to defraud their clients. I have the paperwork to prove it.

        • Tere December 10, 2018 at 9:30 am - Reply

          So agree with you! I never accepted my offer in our mass settlement even though it was considered the top tier!! If it’s top tier it’s surely worth more than 250,000. By the time the attorneys all took their fees I would have been left with less then 100,000. I sent them back paperwork of what it was going to cost in my care for the next 20 years! 100,000 isn’t anywhere close to the 20,000,000. it’s going to cost in my ongoing care for the rest of my life. I flatly declined their offer. I cannot be paid off to just quietly go away!!!

  2. Bonnie December 3, 2018 at 3:17 pm - Reply

    For the women that are permanently damaged this is heartbreaking. We should be compensated

  3. Ms.Cookie December 3, 2018 at 6:59 pm - Reply

    I can’t believe what I’m reading, I did all the footwork, my medical records, the suffering, the humiliation of not being able to be a wife and at times a mother. The surgery’s not being able to work, leaving a 65k job for social security that barely pays my bills. 40.% of my money that I suffered for only to let my attorney get paid twice. Shame on the legal system, they always win no what.

  4. Gina December 3, 2018 at 8:07 pm - Reply

    Thats double dipping in my opinion. As for the firms being paid the 5% out of s settlement for their research? Isnt that what the victims pay them to do?
    The manufacturers should be forced to pay a licensed medical research team to investigate and determine where the mesh was determined to be bad! Of course if you talk to the victims, research was a little to late and it doesnt take an attorney with no medical degree to decide if the mesh was defective or not. The victims have more knowledge than the 94 firms.

    • Jane Akre December 4, 2018 at 12:14 pm - Reply

      The fact that they didn’t talk to you all…is most insulting to Mesh New Desk which tried to keep you informed (for free!) Double dipping? Again if you are a firm that did nothing but sat on your arse, compared to those who dug into the defective product issues that helped win the cases eventually- should you all just receive the same 40% That doesn’t seem fair either…..I have no answers, just a sense that there should be some different compensation for different law firms involved. Some really did the legwork that led to victories for the plaintiffs! Thoughts? Please add your thoughts to this survey:

      https://www.meshmedicaldevicenewsdesk.com/fed-up-want-to-talk-to-mdl-panel-heres-how/

  5. S December 3, 2018 at 8:43 pm - Reply

    This court is a shameful failure, specifically for most of the (victims) Plaintiffs. This vile failure will leave a lasting stain on U. S. history books of torts, as the worst Ever. Just stop and think for a moment……..some of the most catastrophic injured Victims of this horrible ordeal are still waiting for resolution, because this court continues to hold thousands of cases hostage after years of waiting while our motion to remand sit on his desk and collect dust. Yet, this is the part that stinks the most—–the permanently injured (Victim) wait in pain and agony for seven (7) years, continues to wait, with no end in site, until the Judge rule on a motion granting (some) already wealthy Crooks considerably more in millions that has been unethically stolen from the Victims money. Justice denied is not the only crime here. Our cases can be irrevocably harmed by this delay in decision by this court. Our constitutional right of Due Process have been ignored and violated by ones sworn in to apply the rule of law…equally, fairly and within a reasonable amount of time.
    Supreme Court Please take notice!

  6. Onewhodoesknow December 3, 2018 at 9:03 pm - Reply

    That 5% will make no difference in what was offered to me. The Insurance Liens will take the remainder of what is offered. It was nothing but a waste of time. I get nothing. The lawyers get their 40% their 5 % the court costs and the Insurance gets the rest. I do not get a thing. Sad that the threshold is only at 55 percent that need to accept the offer.

  7. DORIS December 4, 2018 at 12:32 am - Reply

    I am in awe of all the greed involved in these cases by the lawyers and med liens of these cases My life was ruined my career ruined my enjoyment of life and family ruined my finances ruined and of course total health I asked and have not received any proof of Liens But we were made to sign affidavits of we are responsible for any future liens Has anyone seen the proof of medical liens I requested it and have been pretty much been denied that info. I made the point of asking for the info if I am supposed to be responsible no answers as of yet 75% of settlement taken before victims even received a penny. Its a human right issue now . I have lost respect for the healthcare system and the Legal system No Doctors want to address the issues of mesh so we are not even being cared for as needed . It only Leads to a torturous death

    • Jane Akre December 4, 2018 at 1:52 pm - Reply

      Doris- You are a perfect candidate to add your thoughts to this survey so the MDL judges can see it…. otherwise they have no idea how this has been handled.

      https://www.meshmedicaldevicenewsdesk.com/fed-up-want-to-talk-to-mdl-panel-heres-how/

    • Really! December 5, 2018 at 12:18 pm - Reply

      Doris…My medical lien amount was considerably less than what the law firm told me it was. That firm stole thousands from my settlement money and eventually gave me the rest of the monies that they couldn’t legally defraud me of.

  8. Dawn December 4, 2018 at 2:30 am - Reply

    Double dipping from the very beginning. All these Attorney’s know what was done to the plaintiffs is just plain robbery.
    The manufacturers stole our health and our lives.
    The law could have at least gave us some hope for our futures.
    But they were thieves as well.
    They will all stand in judgement one day 🙏🏻☝️💜😡

  9. Frustrated December 4, 2018 at 1:28 pm - Reply

    As wanton and willful as the damage was to all the plaintiffs I can’t understand why the plaintiffs lawyers don’t demand that the defendants pay for legal fees over and above punitive and compensatory amounts awarded as well as the 5% due to the MDL common benefit fund on any settlement. Why wasn’t this in all the filings since day one?

  10. Anon December 5, 2018 at 10:11 am - Reply

    I feel that the 40% taken out of our settlements especially if that case did not go to trial, was never worked up for trial, never intended for trial, just simply worked up for settlement is more than enough for the amount of work and travel done by some of these Crooks.

    Ladies….. Please Do the survey! It is confidential

    • Jane Akre December 5, 2018 at 10:52 am - Reply

      In fairness to the lawyers, some of them worked hard enough to establish defective product and causation and bring the multi-million dollar verdicts. Others just shuffled paper. But I know for a fact that some worked like dogs to advance the cases….

  11. Anon December 5, 2018 at 11:57 am - Reply

    One of the problems here is: some firms take the 40% plus add on other expenses. Criminally defrauding their clients. Try one case in this MDL. Forty percent (40%) is more than enough for work done, one of their own agrees (Kline, Specter). The reputable, honorable, trustworthy law firms worked like dogs as well and we can clearly see their fruit of their labor, i.e. million dollar verdicts… more than once, yet they, I know for a fact, charge some of their clients 331/3%.

  12. Really! December 6, 2018 at 8:28 am - Reply

    This is their (crooks) Christmas Bonus! Thank You Judge Goodwin

    • Jane Akre December 6, 2018 at 8:31 am - Reply

      This hasnt been approved yet by Judge Goodwin.

  13. Anonymous December 6, 2018 at 12:54 pm - Reply

    How would you like to be charged for an expert witness thousands of dollars and then guess what you’re forced to settle your case you never go to trial and yet they still get to keep their thousands of dollars and they did absolutely nothing. This whole MDL situation is sickening it’s like robbery only its legal. My company AMS never had one trial and yet I am forced to pay the 5%. These attorneys who are already rich are making over 300 million dollars off of us how in the world is that legal? I would think that the research and discovery is part of the fee of the 40%. After all you have to work for money don’t you? There should be no added fees to that. Not to mention having to pay back the insurance companies even though you paid your premiums and everything else you have to pay the insurance companies back. That’s total BS to. But you know what unless Lee Balefsky Can get judge Goodwin to see it from our standpoint it’ll never happen. I’d like to suggest a letter writing campaign to judge Goodwin but then again he probably never gets them either. I was forced to settle and I’ll have to walk away with what I have. I have filled out the questionnaire Jane that you list it. But I’m tired and broken and worn out and I have no more hope. I’ve been mad and yelled and it does no good. I’ve questioned and questioned and questioned my attorney but I think it falls on deaf ears. I think judge good one should hang his head in shame the way hes handled these cases and dragged them out so long. The plaintiffs get tired of fighting and they just fold or they die from their injuries from mesh. The h*** that we go to is far reaching it’s not just the mesh but it’s the way our lives of had to change some people forced out of their homes some people getting sick with secondary illnesses because of surgeries they’ve developed due to mesh. They’ve taken our lives from us at least a lot of us and nobody seems to give a care. The only one thing I can be sure of, I know God is watching and if I were the attorneys I’d be damned scared

  14. KRISTIN December 6, 2018 at 7:47 pm - Reply

    We end up with nothing….am i back??

  15. Anonymous December 7, 2018 at 11:19 am - Reply

    I think Those of you who feel this is unjust should write to Lee telling your stories and have Him take your story to judge Goodwin. As I said I’m worn out broken and have very little hope but I will write letters I will yell out whenever I can I will tell people my story. What is happened to me is tragic and people just keep adding on insult to injury. Where is the Justice judge Goodwin where is the Justice? I can’t believe this is happening in the United States of America today and judge goodwin is putting his rubber stamp on all of it. If you wanna fight fight don’t just complain.
    Here is Lee’s email address lee.balefsky@klinespecter.com
    Here judge goodwin’s fax # 304-347-3193.
    This is unfair and it should be illegal what’s happening and unless we make our voices heard nothing will change. Maybe it wont anyways maybe they will continue to steal our money but at least I can put my head down at night knowing I tried every damm thing I could to hang on to my house and my life!

  16. V December 7, 2018 at 5:14 pm - Reply

    Anonymous… Please lend your story in efforts to effectuate change to reform the MDL process. Your voice will (absolutely) make a difference, Together we can make changes to the very law/statute that ignores our Constitutional right to make decisions concerning our cases, (our personal property), strips us of our choice of representation in the process., and so on. Please do the survey. Lend your voice in confidence. Let’s do All that’s in our power to change the MDL statute that gives anyone the power to mistreat, defraud us, take our Constitutional rights.

  17. Anonymous December 8, 2018 at 6:44 am - Reply

    Amen V. As I lay here this morning in pain so badd that I can’t even move I read your words and read your words and read your words. And I tried to think how I can make a difference how I can get someone to listen to me. I did do the survey. And every word you say is right. However we can reach out to those people that can help to make the difference. I’ve asked my attorney again and again to at least split the 5% admin fee and so far I’ve heard nothing. I truly believe this was all a money Game for too many of these attorneys who professed to really care about us but then take half of our money. I wonder if more men were hurt if the cases would be different and the situation would be different. Respect for women Justice for women has not happened. Now yes I know there’s a lot of good attorneys out there that are fighting for us like Lee. But I still say there’s powers in numbers. So fax Judge Goodwin with your request that he finds Justice for us and abolishes the 5% admin fee and finds relief for us. Too many of us have serious injuries that have crippled us for the rest of our lives. The settlements dont come close to taking care of our medical expenses the rest of our lives or replacing all the lost wages. Our constitutional right is the pursue of happiness well we can never do that because it’s been ripped from us. The only way to be heard is to contact people who can make a difference. I have one question for judge Goodwin and I want an answered why why do Allow these fees when all they are doing is hurting us even more. Is this what you want to be known for judge Goodwin? By allowing these fees you are crushing the backs of already injured and sick women. I thought you were supposed to make sure Justice was served well Justice has not been served in these cases. All you’ve done is help to line the pockets of the attorneys. If Judge Goodwin allows this to happen he should hang his head in shame. Enough is enough. Do one thing for the people that have been hurt so badly judge Goodwin abolish the fees. Anyways that’s what I would say to him. But in my honest opinion I don’t think it’ll happen I think this will go down as one of the most tragic incidences in American history concerning lawsuits. Too many of us have been pushed into settlements that we didn’t want to agree to really but had no choice. My question to the attorneys did you go in to really practice law and help people out or just find a way to pay for your big fancy house, your expensive vacations and your 5 star lives. Shame on all the people out there that are taking money from broken women. You should be pay but no more than 25% of what we get. Just remember you can’t buy your way into heaven. So enjoy your money now Because it will not buy you the most important thing respect dignity and a place in heaven. And the ability to lay your head down at night knowing you have an unquestionable moral character that’s higher in standards than anyone can imagine. I haven’t seen that in too many people when it comes to mesh and I’m not holding my breath. If you really feel that you’re gonna walk away with less and you want it or you’re getting screwed over then speak out. Nothing will change until we speak out. Look at the me to movement and what’s happened. We have voices that can be heard to. We can try to stop the greed the moral decay and the almost criminal way that we’ve been treated but we need to speak out.

    • Teresa December 13, 2018 at 7:32 pm - Reply

      So agree with you on this! We all need to stand strong together on this!! They are trying to scare everyone into thinking that if we don’t take what’s offered to us, we may not get anything! Well most aren’t getting anything anyway by the time the attorneys get through milking us! If we stand strong together we may be able to make our cases more relevant to the media and the medical world. Thereby saying, Stop taking human lives for granted!!!

  18. V December 8, 2018 at 10:46 am - Reply

    Anonymous…I am inspired by your strength, your will to continue fighting for Justice in spite of. Thank You! Keep talking, keep asking, that door Will Open I promise you that. You see the bigger picture. I think that there are more with us than there are against us. Lee just has that fearless moral fiber that some lack, but I strongly feel that some are speaking up for us privately. This MDL process is morally unjust and unconstitutional. Our cries for help are Not going unnoticed by honest hearted ones in power.

  19. Crystal December 8, 2018 at 1:26 pm - Reply

    I was offered $900 to settle, this is a huge injustice! We need to get President Trump involved. Let’s all protest and get the media attention! I’m very serious I had a revision two weeks ago still suffering but we don’t deserve to be chopped liver and toss aside for scraps! We have poor quality of life over this and deserve justice!!! 🔜🔜😇😇😇😇🙏🏻🙏🏻🙏🏻🙏🏻🤬🤬🤬🧐😖

    • Jane Akre December 8, 2018 at 2:30 pm - Reply

      $900 to settle? Which manufacturer? coffee money to them.

    • Rho December 9, 2018 at 10:00 am - Reply

      $900 wouldn’t pay for catheters for a yr. that is such an injustice.

  20. Tess December 8, 2018 at 6:55 pm - Reply

    Ladies if you are not desperate do not settle my advice. Been offered told my lawyer am I desperate to accept an amount that I could get more in a car accident. Never heard for years kept everything from me. They beg I said no. You could do thing drop me. There are good lawyers who could still fight for us. I am writing my state senator representative here in Texas.

  21. Susan December 8, 2018 at 7:26 pm - Reply

    I even wrote settlement master and asked her if she is in my position. Injured for life, loss my job and experiencing everyday pain and suffering and other causation like liver dysfunction etc. etc will she agree with her matrix. I will write President Trump and call media

  22. Anonymous December 8, 2018 at 7:31 pm - Reply

    Ladies if you are not desperate do not settle my advice. Been offered told my lawyer am I desperate to accept an amount that I could get more in a car accident. Never heard for years kept everything from me. They beg I said no. You could do thing drop me. There are good lawyers who could still fight for us. I am writing my state senator representative here in Texas.

  23. Tess December 8, 2018 at 7:32 pm - Reply

    Ladies if you are not desperate do not settle my advice. Been offered told my lawyer am I desperate to accept an amount that I could get more in a car accident. Never heard for years kept everything from me. They beg I said no. You could do thing drop me. There are good lawyers who could still fight for us. I am writing my state senator representative here in Texas.

  24. Rhonda December 9, 2018 at 9:54 am - Reply

    The patients are the ones that suffer every day. Not the attorneys. My attorneys have had my case for over 5 yrs. and they waited to 3 mths. ago to say they needed my medical records. I had to do the footwork on my own case. Do you know I have only spoken with my law firm on 3 occasions in that 5 + yrs. They won’t return my calls or messages. They phoned me the night before my deposition to tell me that I even had one scheduled. I walked in there blind sighted. They never bothered showing up and the opposing attorney had to conference call them in. So what are they getting paid for. They even almost got my case thrown out because they were reporting that I had no corrective surgeries done. It literally scares me to death that the outcome of my case in up to these irresponsible people that obviously couldn’t care any less. That extra money belongs to us. The victims that are suffering and will continue to suffer for the rest of our lives. You cannot put a price on that.

    • Jane Akre December 9, 2018 at 2:20 pm - Reply

      They should be reported. That is not professional. Your state bar association and write to Judge Goodwin. He doesn’t know unless you write him. I’m assuming you will not take the settlement? Which manu?

  25. Anon December 9, 2018 at 1:50 pm - Reply

    Rhonda…Call Lee Balefsky, at (KS) or Adam Slater at (MSKF). There are still good, honorable attorneys that will take your case. Fight like the warrior you are for Justice. Someone out there will help you. Continue knocking, talking, asking… that door will open.

  26. Really! December 9, 2018 at 2:01 pm - Reply

    Rhonda… Your law firm needs to be reported to the bar. My firm sent an attorney from another state to prepare me for the deposition a day in advance.

  27. V December 9, 2018 at 7:21 pm - Reply

    Let your concerns be heard by filling out the survey! your voice will make a huge difference.

  28. Anonymous December 10, 2018 at 10:19 am - Reply

    Also Contact these people that can make a difference.
    lee.balefsky@klinespecter.com
    Here judge goodwin’s fax # 304-347-3193
    The judge has a duty to know what’s going on with our cases and with our settlements contact him today to stop this madness!! When one person says something not many listen but when many say something somebody will finally listen at least I pray to God. Just look at the me to movement and how far its reached we can do the same.

  29. Anonymous December 10, 2018 at 12:46 pm - Reply

    Remember the 5% or Common Benefit Fund expected to grow to an estimated $550 Million— is just a drop in the bucket compared to what attorneys have already been paid of our settlements. Do the math, that number is staggering.

  30. Mode December 10, 2018 at 1:42 pm - Reply

    Crystal (comment on 12-8-2018 @ 1:26 pm), you said “we need President Trump involved” – good luck with that……. Tess (comment on 12-8-2018 @ 6:55 pm), you said “I am writing my state senator representative here in Texas”, what good will that do? Texas Governor Greg Abbott investigated J&J years ago during the mesh mess and the citizens of Texas never heard a word about that investigation. Susan (comment on 12-8-2018 @ 7:26 pm) said “I will write President Trump and call the media”. First of all Trump doesn’t READ, and second of all the media has been called (for years) and they don’t dare cover this story due to the advertising dollars made from J&J and Big Pharma. I suggest you ladies go all the way back to DAY ONE of Jane’s site and read all stories and comments to see that contacting politicians, celebrities and media has been done during the height of this mesh nightmare. Been there, done that. The mesh injured have made noise and continue to be ignored by the medical community,medical device makers, FDA, politicians, journalists, etc.Our hands are tied, nobody gives a sh*t.

    • Jane Akre December 10, 2018 at 2:22 pm - Reply

      Mode- You are right…… Trump is into deregulation, not regulation and his record with women is…..well, if you can read you know. I am still perplexed to this day why the media has taken a pass on this important story I’m still trying…….. may get there yet.

    • Anonymous December 10, 2018 at 5:59 pm - Reply

      Mode…Never give up on trying to reclaim what is rightfully yours. This is your life, our lives, our livelihood that we are fighting for. Our health will never be the same, the quality of our life is in the tank, all the more reason to continue our fight for justice and the benefits to cover the cost of a lifetime of health care that is needed after mesh. I give a care. Jane gives a care.

      Ms. Elizabeth Burch is giving us a voice. Do the survey, Please

  31. Anonymous December 10, 2018 at 2:42 pm - Reply

    Jane Without you so many of us would be in the dark. You have done more for all of us women then any of the attorneys have. When I get paid I’m gonna send my $36 in because you deserve it. God-bless you for this site. God-bless you for always being there when I needed to talk to someone. God-bless you for your support. And God-bless you for all the ways you’ve tried to help us. You are an amazing lady. I believe somehow someway this story will get out. It may be too late to help us but God Grant us the ability to stop this from happening to any other woman

    • Jane Akre December 10, 2018 at 3:19 pm - Reply

      You are very sweet….. thank you.

  32. Crystal Kinler December 13, 2018 at 5:02 pm - Reply

    My husband is a disabled veteran and we have written President Trump on VA matters and also about our Chinese Drywall toxic home being condemned. President Trump actually sent us a personal letter and intervened on our concerns. I will write him again as well as have a personal friend that works directly for him to hand deliver my letter. We all deserve justice this is being done to us because we are allowing it. The reason the me too and other protests have gained attention is because it takes a village to rise up together to be heard! We need to meet somewhere make noise refuse to take no for an answer.

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