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SUBROGATION & MESH– What it means and why you must understand it

Big Insurance, from Knowledge Safari

Big Insurance, from Knowledge Safari

By Aaron Leigh Horton

Mesh News Desk, October 4, 2016 ~ This story first appeared in October 2016 but deserves to be revived as many are currently in the process of receiving settlement in their mesh injury case. Thank you Aaron!

According Dr. Shlomo Raz at UCLA, the leading expert for 100% removal of transvaginal mesh from the body, “I think that more than 1 million patients [have polypropylene mesh implanted]! The companies have reported insertion of 250,000 implants per year!  This number is an estimate of the worldwide use of mesh.”

Obviously, that is an enormous number, and when broken down to a daily figure, it represents at least 685 patients worldwide, per day that are still receiving this highly-injurious medical device.  As a result, many victims (more than 50,000 in the U.S. and growing) have filed suit against the six manufacturers of this mesh, most often used in women for pelvic organ prolapse (POP), stress urinary incontinence (SUI) and more and more for hernia repair, performed on both men and women.

So as some of the earlier cases near settlement talks and bellwether trials are underway, claimants will be wise to understand the components that make up a jury-awarded damage or a settlement figure, negotiated without a jury between the plaintiff and defendants lawyers and clients.

Subrogation is an important term that plaintiffs will want to discuss with their legal representation.  Subrogation is a legal term that refers specifically to a third party’s right to recover damages out of a victim’s possible award and/or settlement.

According to Mr. Doug A. Daniels, attorney/partner and a specialist in mesh cases:

“Subrogation refers to the principle that someone who pays another person for damage caused by a third person, has a right to recover those payments from that third person who caused the damage; if the victim recovers an amount from the third person, the party who paid for the damage has a right to be paid back out of that recovery.  Subrogation would apply in the mesh cases as in any other case:  Third-party payers (Medicare, Medicaid, or private insurers) have and will assert a right to be reimbursed out of the victims’ recovery against the defendants. That right to reimbursement is limited to amounts they paid on behalf of the victims for treatments related to injuries caused by the mesh.  That is, they are not entitled to by repaid amounts out of mesh lawsuit settlements that they paid for treatments unrelated to the mesh injuries.”

 

In plain English, subrogation means that a health insurer has the legal right to a portion of a mesh-injured patient’s financial settlement.  Understanding the realities of the cash disbursement you may receive is very important.  Several entities have legal right to claim a portion of financial damages a plaintiff is awarded, including:

  • Your lawyer, depending on the language in your contract, even if you do not go to trial but instead settle, with no trial required.
  • A portion of your cash award will also be subject to subrogation as described above, and insurance companies have the right to place liens on your personal property until they have received their negotiated portion of the award.  Often, your attorney will handle this process with companies who specialize in the negotiation of subrogation.
  • Tort reform law is different per state.  As a plaintiff, it’s important to know how tort reform law has affected your state’s practice.  For example, in Texas, there is an automatic cap on compensatory damages of $250,000 and punitive damages cannot exceed 3x the economic value lost, due to the injury/illness.  As another example, in Georgia, compensatory damages are also capped at $250,000, but punitive damages are immediately subject to a 75% fee, assessed by the State of Georgia.

According the Mr. Daniels, it’s also imperative for plaintiffs to know that, “Medicare and Medicaid don’t even have to demand to be paid back; the law mandates it.”  He’s also not aware of any private insurer that does not pursue their legal right to subrogation.

How does our payment of health care premiums factor in to the equation of what will be recouped by third parties through subrogation?  According to Mr. Daniels, “Premiums are not part of the subrogation analysis since [the injured patient] also buys coverage for other medical treatment unrelated to whatever injury gives rise to the settlement.”

Daniels concedes there is a bit of a flaw in that logic since the recoup of financial damages represents the victim’s recovery for more than just medical expenses.  Recovered damages also include lost earnings, pain and suffering, loss of enjoyment of life, etc.  Who’s to say what part of a given settlement represents medical expenses only as compared to other more subjective damages, like loss of future earnings/productivity, loss of consortium, loss of intimacy and the many other harms we know are not primarily medical in nature, but are a by-product of the physical injuries for which the mesh is responsible?  It’s in this area that lien resolution companies step in to work with a plaintiff’s lawyer to negotiate a reasonable recovery to the third-party payer (your insurer) while still reserving a reasonable net recovery for you, the victim.

Aaron Leigh Horton

Aaron Leigh Horton

Sources:

Mr. Doug A. Daniels/Daniels & Gentle Trial Lawyers of Houston

Aaron Leigh Horton is a regular contributor to Mesh News Desk.   This article is not intended to be a substitute for legal advice from your own law firm. Please confer with them about this important topic.

 

 

51 Comments

  1. jade says:

    ■A portion of your cash award will also be subject to subrogation as described above, and insurance companies have the right to place liens on your personal property until they have received their negotiated portion of the award. Often, your attorney will handle this process with companies who specialize in the negotiation of subrogation.

    Question: If the implanting doctor received an insurance payment DIRECTLY from the insurance company by submitting his claim – isn’t it the implanting doctor who is liable to pay back the insurance company – not the patient out of her settlement? Also, shouldn’t the implanting doctor also be responsible to reimburse the patient for the copayment made DIRECTLY to the implanting doctor?

    • Jane Akre says:

      That would make sense wouldn’t it. Also why do we have insurance? Just for this sort of eventuality!

      • Maria Garcia says:

        Mr. Doug A Daniels of Daniels & Gentle of Houston is only half correct about Tort Reform in Texas. All of us here are not suing a mesh company for personal injury rather for a defective medical device. In Texas there is a cap on ambulance chasing attorneys in personal injury cases of 250,000 which is more wrong than right! However, vaginal mesh is a manufactured medical device not an 18 Wheeler wreck. The manufacturers are being sued for a defective medical device which is NOT subject to the Texas Tort Reform 250,000 dollar limit in both compensatory and punitive damages. I am sure if everyone asks their attorney they know this and they did not create the case as a Tort limited personal injury case. Who would? A medical device was implanted in us that destroyed our lives and that is the focus of the case. The injury caused by the devices is secondary to the fact that a defectively designed medical device was implanted. Daniels & Gentle would never take a mesh case as personal injury instead of defective medical device unless all they care about is themselves. This is NOT my opinion this is fact so please ask your attorney wether your case was filed personal injury or defective medical device.

        • Jane Akre says:

          Hello Maria Garcia. I believe defective device is a personal injury case. one in the same. It’s a type of personal injury like personal injury- medical malpractice, personal injury- slip and fall, personal injury- automobile accident. Personal injury is the type of law. I’m not an attorney however. And next time you vote for “Tort Reform” to curb the “ambulance chasers” (which I find an offensive term) here is direct evidence how that hurts YOU! Tort Reform wants to keep you out of the courtroom so asbestos, tobacco and Big Pharma are protected. Please see it for what it is. It is NOT a benefit to you if you are truly injured. Let the jury decide, unfettered.

          • Maria Garcia says:

            Jane

            Wow what a terrible response. Your wrong to say everything is just personal injury and falls under Tort Reform limitations in Texas. Personal injury by a defective medical device DOES NOT fall into personal injury Tort Reform but if you think it does carry on and continue to mislead your readers crushing their hopes. Your making people believe that if you live in Texas that there mesh case is automatically limited by Tort and that is simply not true. You’re a reporter why don’t you do your homework before auto responding about something you don’t know about. I have done my homework long before we filed to make sure Tort does not cap my lawsuit. It is you that has upset people from Texas putting false information on your site. Also could you please fix the site because the text column is narrowing to infinity and beyond.

          • Jane Akre says:

            Maria- Once again you throw your form of disruption into a civil conversation here. You did that before in disparaging the defense attorney in a Kansas trial and had MND thrown out as a result. Then I asked you who you were, and I got no answer. So, once again, my response to you is that personal injury includes defective product. It was YOU who were injured so of course it is personal injury. I do not understand what you mean by “personal injury Tort Reform” I was simply reminding readers that tort reform, in any form, is not designed to help the injured person, no matter what state they live in. So let’s keep it civil okay?

            Here is something from a Texas law firm, they say the same thing:

            …Legal Representation for Defective Product Cases

            Product liability is an area of law that was designed to hold companies that make their products available to the public liable for any injuries or illnesses that their products cause. Personal injury claims involving product liability law can be filed against manufacturers, distributors, retailers, and other businesses that put unsafe products on the market. There are three major types of product liability claims that our Houston personal injury lawyers may apply to your situation:

            Manufacturing defect, Design defect, Failure to warn
            Title 4 of the Texas Civil Practice and Remedies Code §82 details the regulations and laws surrounding product liability and claims, including the duties and responsibilities of manufacturers and retailers. The code also provides information on dangerous drugs and pharmaceutical injuries.

          • Maria Garcia says:

            Proof that a 250,000 Texas Tort Reform Cap does not apply to Transvaginal Mesh but you knew this from the Linda Batiste case????

            October 10, 2014, 3:30PM. By The National Trial Lawyers

            The National Trial Lawyers A Texas judge cut a $73 million verdict recently awarded to a plaintiff in a transvaginal mesh lawsuit filed against Boston Scientific Corp. to $34 million. According to court documents dated October 2, Texas District Court Judge Ken Molberg cut the plaintiff’s punitive damage award to $11 million.

            Among other things, Judge Molberg noted that Texas caps punitive damages at no more than two times a plaintiff’s economic losses, plus up to $750,000 in non-economic losses. (Salazar v. Lopez, No. DC-1214349, District Court for Dallas County, 95th Judicial District of Texas (Dallas).

            Last month, a jury ordered Boston Scientific to pay $23 million in compensatory damage plus $50 million in punitive damage to a woman who had been injured by the company’s Obtryx sling. Court records indicate that the Texas jury agreed with the plaintiff’s assertion that the pelvic mesh device was defectively designed, and that Boston Scientific’s handling of the product amounted to gross negligence.

          • Maria Garcia says:

            Jane,

            You have completely missed the mark on why I started commenting at all.

            Here is the text copied and pasted from Aaron Leigh Horton’s article about subrogation law. She quoted
            Mr. Doug A. Daniels of Daniels & Gentle Trial Lawyers of Houston.

            Tort reform law is different per state. As a plaintiff, it’s important to know how tort reform law has affected your state’s practice. For example, in Texas, there is an automatic cap on compensatory damages of $250,000 and punitive damages cannot exceed 3x the economic value lost.

            THIS IS NOT TRUE. This has been my only point this entire time. Here is the proof:

            4/14: $1.2 million – Linda Batiste – Ethicon/JJ TVT-O – TX

            9/14: $73.465 million – Martha Salazar – Boston Scientific Obtryx – TX

            Do you see any caps on these vaginal mesh cases where compensatory damages were limited to 250K?

          • Jane Akre says:

            Now I know what you are talking about! Okay…. I’ve forwarded your concerns on to Aaron who wrote the article. Tort reform and caps on awards in Texas include a $250,000 cap on non-economic damages (pain and suffering) is my understanding and also in the article below. Of course, seek out legal advice from your professional since I’m not a lawyer.

            http://www.abajournal.com/magazine/article/new_laws_and_med_mal_damage_caps_devastate_plaintiff_and_defense_firms_alik

    • Rich M. says:

      Thanks to this site found out about percentage of punitive damages the states confiscate from each victim depending on your state law. We are awaiting for Fed trial MDL-2325 results april/may 2014. If there are settlement talks going on there would be no punitive awards according to our lawyer, now insurance companies want there cut from the victim, after 3 surgeries in our case that is quite a large amount, I will ask my attorny what else you have not told us?????????? and i expect settlement amounts will reflect all the dollars these states, insurance companies, lawyers think they deserve, hopefully Judge Goodwin is aware of the victims ending up with nothing and has a say in this mess.

      • Maria Garcia says:

        Your lawyer is correct about punitive damages in a settlement environment but there is loss of consortium. I wish this article was written correctly and everyone would understand the differences between personal injury and a defective medical device. In Texas there is a huge difference between law firms that handle personal injury Tort limited cases and defective medical devices. Hopefully there isn’t anyone here that was mistakenly represented by a personal injury only lawyer and subject to Tort Reform limits.

        • Gina H says:

          Hi Maria I was just wondering what your attorney has told you about the caps in your area? Are there caps in Texas? A tort it a tort, is a tort, so it really doesn’t matter if it is an ambulance chasing firm is working on your case or a huge firm who specializes in defective products. That matters not. If you look into the background of these lawyers you may find that they have no experience in MDL work, defective products, and the like. Many may have zero trial experience. The very reason we were able to file is because of the issue regarding failure to warn. Also, I think this may be a moot point, because as I understand it, these companies are settling for nuissance value which only takes care of the attorneys as 40% off the top and then after medical bills and costs associated with the case are removed. The women who have settled are getting peanuts. The MDL isn’t designed for justice via monetary compensation in no way, shape or form. I believe that those who are following their cases closely should consider opting out. These manufacturers aren’t going to give huge payouts on these cases unless you fight them and fight hard.

          • Maria Garcia says:

            Show me a case in Texas where 250K Tort CAP has been the outcome. What is wrong here? There hasn’t been one but there has been multi- million dollar jury awards. Even in the case where the judge reduced the 75 Million to 35 Million it still wasn’t capped to 250K. If your thinking that Tort only affects settlements that is bogus and I don’t know where you get your advice from. My firm is a huge group that specializes in MDL cases and has for decades.

          • Jane Akre says:

            Here is a good write up on tort reform in Texas… it is pretty complete I believe. Again, I’m not an attorney, from McMinn Law firm in Austin, TX:

            Personal Injury Laws: Damage Caps In Texas

            Home/Personal Injury/Personal Injury Laws: Damage Caps In Texas

            This post covers damage caps in Texas involved in a personal injury or wrongful death case. A damage cap limits the amount of money the injured plaintiff can receive from the defendant. This article defines damage caps, outlines the situations in which they apply, and briefly touches on the civic and political forces influencing Texas lawmakers to adopt caps on damages awarded to plaintiffs.

            What Are The Damage Caps In Texas Personal Injury Lawsuits?

            Damage caps in Texas apply in three situations:

            Personal Injury Cases Where Punitive Damages Are Awarded
            Medical Malpractice Cases
            Personal Injury Cases Filed Against Government Entities

            1. Caps on Punitive Damages

            Sometime a case involves damages against a party to serve as punishment for grossly negligent behavior. These damages are not for economic reimbursement (for medical bills and lost wages) nor for non-economic damages (pain and suffering). Instead, these damages are used to send a message to a party who has acted in a manner that deserves punishment.

            In Texas, punitive damages may not exceed more than two times the amount of economic damages plus the amount equal to non-economic damages not to exceed $750,000 or $200,000, whichever is greater. For instance, if someone sues a corporation for a brain injury case after suffering an injury due to gross negligence and this person is awarded $1.5 million to cover economic loss and $3 million to cover non-economic loss, then the total amount possible for punitive damages would be $3,750,000 (two times $1.5 million plus the $750,000 maximum amount from non-economic damages).

            2. Medical Malpractice Cases

            Texas passed The Medical Malpractice and Tort Reform Act of 2003 that limited the maximum money amount a person can receive for non-economic damages. Currently a person can sue for the total amount of economic damages, but the caps come in when calculating non-economic damages. A person can sue a doctor or healthcare practitioner for no more than $250,000 and each healthcare facility involved for $250,000 not to exceed $500,000 among all facilities involved in the incident. Thus, the maximum amount a person can receive from non-economic damages in a medical malpractice case is $750,000 adjusted for inflation since 2003.

            In medical malpractice for wrongful death cases, the cap for total recovery (combined economic and non-economic damages) is $500,000 (adjusted for inflation since 1977: approximately $1,650,000). This is maximum amount you can receive for all types of damages combined: compensatory and exemplary (economic, non-economic, and damages for punishment).

            3. Cases Against Government Entities

            Government entities have immunity from liability in personal injury cases and, when they do have liability, caps on how much they can be sued for. When someones suffers injury due to negligence by a government entity such as the state, a municipality, or an emergency service organization (police, the EMS, etc) the cap for each person involved is $250,000 but cannot exceed more than $500,000 total for a single occurrence. For instance, if a police officer negligently causes an accident, damaging the lives of four people, the total damages each person can receive will not be $250,000 for each person but a distribution among each individual of the maximum amount of $500,000 (split evenly among four people would be a maximum amount $125,000).

            In cases involving government entities other than the state, a municipality, or emergency service organization the maximum money damages for each person is $100,000 and for each single occurrence is $300,000.

            Personal Injury Caps: What They Mean For You

            The purpose for caps has been debated over more than 30 years. Do they ensure justice and a less congested judicial system? These are questions legislators, supporters, and protesters have all tried to answer. If you need a lawyer, you need one who understands the law, how caps will affect your case, and every viable option available to you.

            At the McMinn Law Firm our most frustrating situations are when the law keeps us from getting the compensation you absolutely need for your full recovery. Usually this will happen when the negligent party’s insurance policy does not cover the full amount of damages or when Texas tort reforms cap the amount available to you.
            So why do damage caps in Texas exist? Why does our judicial system need to limit how much a lawsuit is worth? Is it possible to quantify the amount of pain and suffering someone receives from an injury and include that calculation in non-economic damages?

            Frivolous Lawsuits

            The most publicized argument for damage caps has been to prevent “frivolous lawsuits.” As Texas passed tort reform acts over the last few decades, the word “frivolous” was tossed by supporters of reform and scowled at by protesters. “Frivolous lawsuits” are the lawsuits that are filed by freeloaders looking for some quick cash or by someone who has an ulterior motive other than obtaining just compensation. In other words, it’s a lawsuit filed by a client or lawyer that does not contain merit and is based on weak legal claims or weak facts. Lawsuits should be filed to compensate those who have suffered unjust damages due to negligence or gross negligence, not for “frivolous reasons”.

            This is the heart of personal injury law: to recover compensation and indemnify the plaintiff back into a circumstance where she or is in the same standing as before the incident and to hold the negligent party accountable to prevent further occurrences and suffering.

            The notion is that frivolous lawsuits pose unnecessary burdens on doctors, corporations, small businesses, government entities, and congest the justice system with lawsuits that wasted taxpayer dollars and business’ dollars. Although taxpayer’s dollars were highlighted, the prime reason was that “frivolous lawsuits” were bad for business and, therefore, bad for the economy. In other words, “frivolous lawsuits” were not benefiting the businesses and organizations that were being sued. Therefore something had to be done: tort reform.

            Frivolous Lawsuits Turns Out To Be Frivolous Politics

            Here is an excerpt from Joseph Nixon of the Texas Public Policy Foundation talking about how Tort Reform has lead to economic prosperity. HB 4 is the Tort Reform Bill of 2002. Since Tort Reform has been law in Texas, the state has gained economic prosperity and transformation but is this due to tort reform or other factors? It’s hard to tell. Supporters of tort reform believe business is benefited by the practice:

            “Ten years of tort reform have provided greater access to health care and helped make Texas the nation’s leading job producer. Indeed, by recognizing the causal connection between economic prosperity and efficient, fair courts, the Texas legislature passed and Governor Rick Perry signed House Bill 4 (HB4)—powerful tort reform legislation that is the foundation of the Texas economic miracle. Yet, despite the awesome economic growth and increased access to health care triggered by HB4, members of the trial bar are still working to overturn this reform. While Texans should stand their ground and rebuff efforts to undo HB4’s successful tort reforms, all Americans should take notice of Texas’s remarkable transformation and look to enact similar reforms in their own states.”

            -Joseph Nixon
            According to this, court systems were corrupted by unfair practices and frivolous lawsuits. However, pinning down the facts behind the existence of frivolous lawsuits shows that their impact and even their existence were blown out of proportion. Some cases that were highly publicized as frivolous and ridiculous, often did not get the honest coverage they deserved. The most famous of these is, of course, The McDonald’s hot coffee lawsuit.

            Frivolous lawsuits, in fact, rarely exist in the way we have been made to think about them over the last few decades. The justice system already is designed to check and make judgements as to whether a plaintiff deserves compensation.

            Another argument was that sympathetic juries award too much money to injured plaintiffs for non-economic damages (an amount that is too difficult to quantify anyway). In this argument it’s not that frivolous lawsuits are the problem, but companies were being awarded damages viewed as too high.

            Conclusion: Who Are Damage Caps Benefiting?

            So now the question, why do caps exist? They exist because of tort reform that argues for fair courts and the abolishment of frivolous lawsuits. But the real question is, was tort reform necessary? Did frivolous lawsuits exist? Were courts not insuring fairness before? Is the expectation that businesses need to pay large sums of money when guilty of negligence bad for our economy or society? Or was it good for ensuring the well-being and safety of our economy and society? Is economic prosperity in Texas the result of tort reform or the millions of other possible factors that contribute to a complex socio-economic system? Was tort reform intended to benefit the injured party or the negligent party?

            Chances are if you are in a lawsuit you think it’s anything but frivolous. USlegal.com defines frivolous lawsuits:

            Frivolous lawsuits are those filed by a party or attorney who is aware they are without merit, because of a lack of supporting legal argument or factual basis for the claims. Frivolous lawsuits waste time, money, and judicial resources, and fines and/or sanctions may be imposed upon a party or their attorney for filing such a claim.
            So What Are The Statistics Behind Frivolous Lawsuits?

            As of 2011:

            Only 10% of injured Americans make informal demands or file claims. Only 2% actually file lawsuits
            Less than 10% of people injured by medical malpractice file lawsuits
            Personal injury lawsuits decreased by 21% between 1995 and 2005 despite a growing population in 30 states
            Personal injury lawsuits consisted of only 1.3% of all civil dispositions in 2005 in 104 reporting counties
            Jury trials in personal injury cases decreased by 51.8% between 1992 and 2005 in the 75 most populated counties in the country
            A survey of Texas Judges in 2005 showed that 86% felt like there was no additional legislation needed to lessen lawsuits
            Jury verdicts have declined by approximately 40.3% in the 75 most populous counties in America between 1992 and 2005 after being adjusted for inflation
            In 2007, 83% of Texas State Judges responding to a survey reported that they had never had to exercise a provision which reduced a Plaintiff’s jury verdict due to being excessive
            These are just a few statistics that point towards the ambiguity of the the existence of frivolous lawsuits. If you have any doubts about your case, contact McMinn Law Firm and our team of attorneys will figure that out for you and explain the options you have. At McMinn we realize our role in society is to help those who have been injured, to strive for justice, and to help protect other individuals from falling victim to the same negligence or malfunctions.

            Call us today for a free consultation and we’ll discuss your case with you and explore every option you have.

  2. George says:

    Thank you Ms. Horton!

    Always more to learn about these implants and our legal- medical system.

    It seems we need an FDA or American Medical Association intervention, “time out” of sorts so all the facts are displayed in an unbiased manner. The legal system in play now assumes cash awards/settlements are the hammer to stop the implants from the medical device side, but that does not seem to have any impact on the industry. Once the health care system learns you are in mesh litigation you are then taboo and even though more surgery is required for most of us, you are typically put off until a critical emergency arises. Not healthy or cost effective.

    Never thought I would ask for government intervention but the medical device and physician industry does not seem capable of self-regulation for the good of the patient. We could start simple with a FDA regulation that all surgical implants must be able removable without more damage to the patient. That would end abdominal device implants. As a “serial hernia mesh guy” explants are far more difficult to recover from than implants and much more costly. What women go through with sling removal is frightening to imagine, they truly are the stronger gender, as Jane’s essays have described! G

  3. g guest says:

    THANKS FOR INFO ON WHAT INS. ARE SAYING THEY ARE INTITLED TO ON THOSE PEOPLE THAT IMPLANTED MESH KNOWINGLY THE DAMAGES.

    i WENT TO MEDICARE TO TELL those investigators for medicare what I was going through, and was really ridiciculed knowing how corrupt memphis is in all things, they did nothing and after months of their investigations said they found nothing wrong with what doctors and nurses had done to me. 1 INVESTIGATOR WITH HER BOSSES, KEPT REPEATING WHJEN I TOLD HER i i WAS SUFFERING AND BEING TREATED BY THOSE IN MEDICAL , KEPT SAYING , “WELL BLESS YOU HEART” SARCASTICALLY . i TOLD HER NOT TO BE SARCASTIC WITH ME, , i WAS GOING THROUGH HELL AND DID NOT APPRECIATE HER REMARKS OF NOT CARING.

    MAYBE THE ATTORNEYS SHOULD GO AFTER THE DOCTORS AND NURSES ALL THAT TREATED PATIENTS SO CRUEL, NO SYMPATHY, NOT EVEN MEDICATIONS THEY NEEDED FOR SO LONG, AND NOT ANSWERING QUESTIONS TO WOMEN ABOUT MESH , NOT TYAKE OUT OF WHAT WOMEN HAVE SUFFERED THAT HAS THOSE PAYED OFF BY CHEMICAL COMPANIES TO DO THEIR DIRTY WORK ON HUMANBEINGS AND LIE, TELL MEDICARE AND INS THEY HAVE NO RIGHT TO TAKE OUT ANYTHING FOR WHAT THE WOMEN HAVE SUFFERED AT ALL, GET THEIR MONEY BACK FROM MEDICAL DOCTORS AND NURSES THAT LIED FOR THEIR SORRY COLLEAGUES AND CHEMICAL COMPANIES .

    THEY KNEW MANY YEARS AGO LIKE FDA AND MORE THAT SLAMMED PHONES DOWN ON WOMEN CALLING BEFORE THEY EVEN KNEW WHAT DAMAGE THE MESH HAD DONE, THEY WAITED FOR MESH TO GROW INTO OTHER PARTS , WHY? WANTING WOMEN TO DIE SO THOSE IN STATE LEADERSHIP TAKES THE MONEY THOSE THAT WOULD DO NOTHING AND SUPPORTE4D MEDICAL RESEARCH AND EVIL CHEMICAL COMPANIES AND WHAT THEY WERE DOINFG IN MURDERING HUMANS IN AMERICA.

    TELL THE TRUTH, SICK OF LYING PEOPLE IN POWER BOUGHT OFF.

  4. g guest says:

    i WAS TOLD BY AM MAN THAT WAS IHN MILITARY AND WAR, THAT SAID THAT THOSE IN BIG BUSINESS AND POWER IS HOW THIS COUNTRY IS RAN, hE SAID THERE WAS NOTHING ANYONE COULD DO TO STOP IT .

    i ASKED HIJM IF FOR THESE KINDS OF LIES AND EVIL , IS THAT WHY YOU FOUGHT AND JOINED MILITARY HE SAID NO. MY NEXT QUESTION IS , HAVE YOU AND WHAT HAVE YOU EVER DONE TO STOP IT, ALL HUMANS SHOULD KNOW THE DIFFERENCE BETWEEN RIGHT AND WRONG AND WHAT IS EVIL, CHILDREN THAT GROW UP TO LIE AND BE EVIL IN POWER , i DO NOT UNDERSTAND PEOPLE LIKE THESE, ESPECIALLY MURDERING PEOPLE THAT DID NOTHING TO BE MURDERED, SUNDS ALOT LIKE HITLER , SADDAM, AND MORE EVIL SINCE THE BEGINNING OF TIME. THESE PEOOPLE KNEW THEY WOULD MAKE BILLIONS CHEMICAL COMPANIES, DOCTORS , NURSES, ATTORNY’S AND COURTS AND MORE, SOMEONE NEEDS TO TURN THE TABLE ON THE CONS AND DECEIVERS AND LIARS AND NOT TAKE 1 PENNY OF WHAT THOSE THAT HAVE SUFFERED AND WILL TILL THEIR DEATH.. SORRY i DON’T HAVE SMILES YET TO GIVE.

  5. g guest says:

    SORRY ABOUT THE SPELLING i GET THIS WAY IN ANGER, MY KEY BOARD TAKES A BEATING. i am glad I am not a writer, I COULD NOT TAKE JANE’S JOB AT ALL. TY JANE.

  6. danyelle says:

    In Washington state there are no punitive damages. I think everyone knows that NO patients will get rich from the mesh injury torts. In fact, it’s doubtful that even costs will be recouped.

  7. linda says:

    If you want to know about your own State look it up in Google with these words “The made whole doctrine in all fifty States”.

  8. Bejah Notrettu says:

    With regard to heath insurance companies and/or Medicare taking back whatever dollars they approved when authorizing surgery; it seems to me that since they approved this surgery they automatically should be prevented from seeking any reimbursement of monies authorized for it. I believe it has been well known in medical circles for many years that this material was problematic yet insurers continued (I presume this continues) to authorize its use and then expect to take that money back from victims? Outrageous but true.

    Suggest state laws be changed (The Federal government that represents the interests of big corporate America will not like this) to reflect this. Recommend that victims write to their state lawmakers to try to make it happen. If the law was changed to reflect this do you not think they would be a little more careful about what corporate product they approved of? Wonder who is taking them (Medicare managers, Blue Cross managers, etc.) to four star restaurants for lunch!

    Also, it is my understanding, having looked at the matter of what happens to awards and/or settlement monies for a few weeks now, the 75% or whatever a state can take from any punative damage award effects only jury trials NOT settlements. The point is to discourage anything except settlement. Also, it is my understanding that the plantiffs counsel gets 25% of that 75% that goes to the state (An incentive for counsel to opt for settlement?). I think this would be in addition to whatever agreement individuals may have had directly with the law firm representing them thereby increasing plantiff attorneys true percentage.

    I would appreciate confirmation of these points and hesitate to encourage anyone to take them at face value until verified.

    Finally, I believe that there are companies that handle the management and distribution of awards. It is my understanding that it is advisable for a victim to avoid any income tax (as opposed to award tax) by taking only part of any settlement award as immediate payment and have most of the funds they may receive placed in a fund that provides income at a fixed rate per year…an annuity…thereby avoiding have most of the funds taxed. It is very important that anyone who may receive a settlement to be sure they are fully informed about the consequences and options they should consider. Consulting a highly rated, carefully selected financial planner or investment advisor (not your uncle Fred or the person the neighbor or a relative recommends) seems a good idea. Finally, people change and become very strange when money is involved so it is best to be quiet about any award. People can get ugly. I seem to recall good advice from others to NOT do anything major except carefully placing the money you may receive, for at least six months.

    Personally I think it wise to set aside a certain amount as a reserve for medical expenses for each year of your remaining life span of lets say a generous 80-85 years. As each year passes you can gauge depending on your health, if that money can be released from your medical care savings into a general savings. My expectation is that my life has probably been cut short by about 10 years because of exposure to this substance but it may be five years. Set up a structure in your mind and then on paper of how you want to manage your fund. This is not the lottery. Money can be very intoxicating. Think how you would feel if it were suddenly gone. Be very careful with it. You are going to have to guard it and manage it. The extent to which you do not do that, others will take it from you one way or another.

    Best wishes to all except the evildoers!

    • Jane Akre says:

      Bejah~ I’ve asked attorney Michael Monheit of the Anapol Schwartz law firm to comment on the taxable issue. Thank you Mr. Monheit!! He says :

      “Pain and suffering awards are not taxable. The same is true of a settlement that is for pain and suffering.”

      “Any damages that were paid by insurance could be subject to subrogation in most circumstance. However, when a case is settled, often this is also the subject of negotiation, as the insurance carrier may have an incentive to know that the case will provide them some reimbursement if they are willing to compromise that amount. In certain cases, such as that involving a mass/class settlement, the court may be involved in setting attorney fees and could have guidelines that govern the subrogation as well.”

  9. G GUEST says:

    There are so many things wrong with any ins. taking any part of what the women have suffered and were lied to by doctors and nurses. They are the ones that should go after the guilty since the attorneys will not go after the doctors and nurses that lied to people knowing it had not been tested and it was not fi to be implanted in humans. They did drag this out hoping to cover up all the money these in chemical and medical and even those politicians and more that paid for campaigns for politicians to cover it up while they made billions off of people suffering.

    mind boggling how people can stoop so law in authority to cover for evil, remembering the nurse right before I went into surgery to have mesh implant, thinking I would get my life back to hopefully get back into work force or college, she said she had the mesh surgery, quitely to me, I smiled and said , how did your go, she hung her head but to many things happened that morning, SHE WOULD NOT TELL ME. I should have been told, I HAD ALREADY BEEN GIVEN SEDATION, TOO LATE, AND 5 YEARS OF BEGGING FOR INFO, AND GIVEN NONE BY THOSE IN M,EDICAL IT TOOK SO LONG TO EVEN GET 1 DOCTOR TO SAY IT WAS THE MESH, INFECTIONS WAS TAKING ME DOWN MIND GAMES OF THOSE THAT ARE SUPPOSE TO SAVE IVES NUT DESTROY LIVES.

    CRIMINAL CHARGES SHOULD BE FILED ON ALL THAT LIED TO WOMEN , BY THOSE IN MEDICAL PROFESSIION. NOT JUST CHEMICAL COMPANIES MAYBE LIFE IN PRISON WOULD CHANGE THEIR MIND TO GIVEN BACK EVERY PENNY TO THOSE THAT THEY DESTROYED THEIR LIVES.

    I had someone so cruel that said to my , everybody has to die, sarcasticly, I said I am not dying from what is natural, I am being murdered by those greedy cons that got rich using me as a guinea pig. A BIG DIFFERENCE. SLOW DEATH, REMINDS ME OF THOSE SO EVIL SINCE OUR HISTORY BEGAN.

    NO WONDER AMERICA DOES NOT HAVE THE WORK FORCE, look what the rich companies and those in power authority have done to we the people in america.

    propaganda news, people told you cannot tell people the truth. gag orders, that has nothing to do with this nations security, every news station in america should have reports warning people of mesh and more, scary for those in medical now. AMERICA I BELIEVE WANTS TRUTH, NOT LIES, There are too many against doing what is right for mesh victims and more , even news want those to lie to people when so many lives are being damaged, that’s when someone needs to say, NO TO THOSE THAT WOULD WANT ANYONE TO LIE AND COVER UP USING HUMANS AS GUINEA PIGS.

    WHAT HAVE THESE PEOPLE GOT INSIDE OF THEM THEY COULD DO SUCH A THING TO HUMANS AND LIE, MAKING BILLIONS. i DON’T KNOW THANK GOD.

    • Kitty says:

      Hello Guest—You are so angry and you have every right to be. Sometimes when we are angry we rage. That is why i Love to listen to Michael Savage Radio program. He tells like it is—he rages and I love it and then I dont have to. It is very scarey to post certain comments , We all must be somewhat paranoid. Also Happy New Year to Jewish ladies and Shiksas.
      .

  10. Bejah Notrettu says:

    G Guest, Please be aware that your writing comes across as a little incoherent and the logic and presentation is loose suggesting the degree of your emotional suffering and your ability to control it. You are probably suffering from Depression and anxiety to the degree that you really need help…if you are not already seeing a pschotherapist and getting medication to help you cope, please try to seek help.

    Sometimes a persons mind can become so unraveled that they cannot find there way back or if they do there is sometimes permanent damage to their brain. Severe trauma can damage brain cells even when we can interface with the world without our suffering being evident.

    Writing a lot, keeping a “Rage Journal” will help and so will going back and reading a few days later what you wrote, I know a little about this, enough to risk advising you…from personal experience. Reach out for help.

    A lot of us are suffering from Depression and many probably have not asked for help. Do not be embarrassed. Talk to your doctor. If you have Behavioral Health Insurance now is the time to use it. There is a widely published list of symptoms of Depression and a lot of data available. The newest data addresses permanent damage to the neurons in the brain from mental illness (Which in most cases can be cured, BTW). A lot of us should be taking anti-depressants.

    Advice: Avoid having new drugs pushed on you by doctors…request old dependable anti-depressants and anti anxiety medications and they are cheaper. There is no shame in having Depression. It will not cause you to lose your job. I think the whole country is depressed except that 1% at the top and they have other problems.

    Take care of yourself Ms Guest. You matter. GOD loves you. Remember you can get through this…one day at a time but if you want people to read what you say, if you do not want to frighten them, it must be understandable and make sense. If people do not respond to you it is probably because it happens to most of us just because it is all so overwhelming, but sometimes when they try to read what you say and cannot understand they are mystified and too tired to try to work through it. It is not that they do not care.

  11. g guest says:

    Bejah, instead of criticize me for what I posted , you could be nicer and ask me to explain what you do not understand. I know sometimes my posts might not sound like a professional writer, I am not a writer as you can very well plainly see. I think enough of women have been told they are crazy by lying doctors and nurses , some I wanted to tear their exam room a part when they hurt me during exams ,meaning to hurt me because of this mesh.

    but as I told 1 sorry doctor that I did need to talk to someone about pain and suffering, she said not unless I took mind alternating medication, so I will tell you like I told her , go to hell and ram the meds up her ass, and walked out.. The gag they have on mesh women with court cases, I have already been told I will not be heard because I spoke on internet and called others about mesh. I Know what I am talking about , when I say they are not going to allow all women damaged by mesh see justice, to many in leadership and power in state and washngton d.c. got money be assured to be covered all the years and got favors to gag women by courts and attorney’s not to talk about mesh to anyone. NOT EVEN TO REACH OUT TO OTHER WOMEN ON INTERNET, TO FIND OUT INFORMATION ABOUT DOCTORS AND MORE, they need to expose more of those these chemicals companies paid off besides doctors and nurses and favors , to lie to women and some making women think it was all in their heads.

    what part of what I posted them do you not understand? I am not the only woman that has expressed anger, and needed information from other women how to help with what others were doing , and coping with pain and infections, ENOUGH WHAT WE GO THROUGH WITH DOCTORS AND NURSES AND LIES, AND THE CHEMICAL COMPANIES , NOW  Lawyers WANT TO PUT MORE ON SOME WOMEN, you need to know the rest of the story..

    I know god loves me, very much. , When I speak of those evil, does that offend you? I know it would if you are someone not damaged by mesh .

    There are some posts I did not understand , but I know their suffering, I have also got weak, I am not like some that could write a book, neither do i try to.

    NOT EVERYONE WANTS DAMN MIND ALTERNATING MEDICATIONS AND ONLY A SORRY PERSON IN MEDICAL WOULD SAY WHAT YOU SAID. TO ME. OR SOMEONE AS EVIL AS THOSE CHEMICAL COMPANIES THAT DID FAVORS FOR THE DOCTORS AND NURSES TO IMPLANT THE MESH FOR THEIR BILLIONS OF DOLLARS, MAYBE TRILLIONS.

    DO NOT COME AT ME , i am suffering enough like some more women and angry too JUSTIFIED . I have been through enough hell and I surely do not need more from you.

  12. Bejah Notrettu says:

    “Guest”: I will not ever bother you again or reading your posts again. I will ask that you refrain from using crude language and swear words in this public forum. Individuals have been banned from websites for the use of offensive language.

    • guest says:

      Bejah, I have read for years now, women telling how their husbands wanted to throw doctors out windows, and read the other night a man that said he would like to do surgery on doctors and more and watch them in pain for infections , for what he wanted to do to them, I have heard other women cuss, some even said when I started putting my opinion in, that they felt the same as I did, and cussed too!

      YOU SOUND A BIT LIKE THE DOCTOR THAT TOLD THE WOMAN , WHEN SHE CONFRONTED HIM AT WAL GREENS ABOUT MESH, HIM LYING, AND HE SARCASTICALLY SAID SHE WAS UNEDUCATED, ABOUT HOW THOSE AT CHEMICAL COMPANIES AND MORE SEE THE POOR AND COMMON PEOPLE THROUGH THE RICH PEOPLE’S EYES OF POWER.

      i don’t want you to tell me how crude I am, when I have been through hell, some women more than others but you know as well as I do, who will get to be heard in courts and who will not. ONLY THOSE THAT THINK THEIR CHIT DOESN’T STINK, AND ARE JUST LIKE THE DOCTORS THAT HAVE LIED TO WOMEN , THE WAY YOU THINK, OUR GOD GIVEN EMOTIONS WE SHOULD SUPPRESS, LIKE SORRY DRUG PUSHING PSYCHIATRIST DO,GIVE PILLS SO THEY DON’T KNOW THEIR BUTTS FROM THREE HOLES IN THE GROUND WHILE WE DO OUR EVIL DEEDS AND LIE. i hate lies and cover ups, especially by those we are suppose to trust. so many nurses have had courts and are involved, I cannot help but wonder how many of them lied to cover up for their colleagues before mesh mess, like those I saw in doctor’s office, live through hell nurses put you through also, you might learn to tell the truth truth and cuss too.

      cussing won’t take me to hell, but deceiving and lying and more will you and others, kiss my royal american butt, I am being nice. it does not take long to read through people that put others through hell. in and out of courts and more.live it first. it would make a preacher cuss. and call people what they are.

  13. momto2 says:

    The lawsuits are against the manufacturers, not the physicians/hospitals. Whether or not the mesh was defective, the physicians performed the service and the hospital provided care, for which s/he/it need to be compensated, and were, through private insurance or Medicaid/Medicare. When you have insurance which pays claims on your behalf, part of the deal is you agree to reimburse them for care the insurer paid.

    Having worked in law firm for years as a legal assistant doing insurance defense for personal injury and worker’s comp cases, I can tell you that when settling a case, the subro angle is negotiated directly with the insurer and the average payout is much less than 100% reimbursement. If it goes to trial and the defendant loses and verdict is rendered without appeal or after-trial settlement, typically then the subrogated insurance client will get closer to fully reimbursed, minus the attorneys’ fees of 30% or so. In that case, your attorney is acting as a collection agency, working to collect a debt for your insurance company, and as such, will be compensated for his/her efforts on the insurer’s behalf.

    In these cases, it appears the medical bills are far less than the compensatory/punitive damages, and as such, I wouldn’t worry about it too much. If your attorney thinks your case is worth $250k, and you end up settling for $100k, your insurer will be lucky to be compensated 50 cents on the dollar, and probably far less.

    • Jane Akre says:

      Thank you very much for your input and expertise. In face a full article might be a great next step in that there are likely more issues that people need to know about. Please contact me if you would like to write further about subrogation and settlements. Thanks so much!!
      Jane Akre

    • Anonymous says:

      I am a victim of one of the companies who is a private company.I was told that my case turned into a mass torte case after being assured by a paralegal,(if she even was one), many years ago, that I would receive a “Hefty settlement…”I now realize that I will be fortunate to receive three thousand or less for my extreme pain and suffering.I have had two surgeries thus far.My lawyer (or I should say”paralegals”, told me to advise my husband not sue for loss of consortium, even though the dictionary states that by LAW ,it is the”the right of association and companionship with one’s husband or wife.”I am at a loss as to where to go from here.Can one sue one’s attorney?I have never spoken to any of my attorneys, and fear that I have hired a slew of “ambulance chasers.”Now that they know their pay day will be less than stellar,I have not even heard back from them regarding an addedum at a statement that I asked them to forward to the presiding Judge. I was told by recover not to bother saving the mesh that is now coming out of me.(unless I felt like it because, “we are not doing recovery at this time.”The consolation and concern is now gone from everyone’s voice when I speak to them on the telephone.My heart goes out to each and every one of you who are suffering.We are all in this together.Sisters and brothers in mesh ,as it where.I cannot belive that this mesh is still being used by doctors.I am posting anonymously because I was advised to not discuss this case.

  14. momto2 says:

    And for small settlements with large medical bills, the bills are negotiated separately so it’s not like you’re getting 100k in settlement, 70k goes to your hospital. Instead, you get 100k in settlement, and they deal with your insurer directly for whatever they can work out to satisfy the subro obligation.

    • Bejah Notrettu says:

      My overarching point is that both Medicare and private insurers approve the expenditures related to surgery beforehand. A key part of that pocess should be research into the “product” to be sure it is viable . In the case of this mesh litigation, it has been well established for years, if not decades that this substance is toxic and should not EVER be used in the human body yet Medicare and private insurers approve it anyway either because they do not bother to do the research or they know the history of the product line and do not care because they know that in the event of litigation they will be reimbursed regardless. Somewhere in this process the medical device manufacturer steps in with a bag of tricks and presents like Santa and romances the decision -makers, even to my horror being present in the operating theater without the patients knowledge, a gross violation of privacy.

      Patients depend on their healthcare professionals who have esoteric knowledge that we do not, to make informed decisions with regard to our care and we have a right to assume appropriate research will be done. The patients trust is routinely disregarded in this regard because the primary goal of hospitals and physicians is to make money, not care for patients with few exceptions. Their secondary goal is to maintain their relationships with their suppliers and the parent corporations, especially when a head of the school of medicaine or equivalent sits on the board of directors of one of those corporations. Hospitals and physicians who think they are immune from litigation and can therefore do what they wish will face a growing body of American people who are fed up with the treatment they receive, begin to see the true picture and call for legislation to control healthcare facilities and providers more closely.

      It betrays extreme arrogance to suggest that regardless of the defectiveness of a product, etc. the hospital and or physician cannot be held responsible. How dare you. They do bear responsibility and I for one, am taking legal action against both the hospital, the surgeron and assistant surgeron, the Head of the Medical School and the parent organization.

      This medical industry is riddled with corruption, favoritism, a staggering degree of gross medical errors, political efforts to destroy the reputations of physicians and hospitals that do not play according to unwritten rules, the list goes on and on. In the coming months and years the American people will be made aware of the extent of this betrayal, and the true role of the FDA.

      For myself, I expect nothing, and in that way my disappointment will be less painful and my motivation fueled.

      Do not suggest to me that the law firm representing me acts as a “collection agency”. That term is both offensive and inappropriate. You and your colleagues in the “health care industry” and your partners at device manufacturing corporations are not above the law so I caution you to not gloat because thee will be a groundswell of demand for tighter controls on you and your friends at the FDA. Remember we live in a time when the people through access to the internet and other resources have overthrown governments. This is not a question about how much money one person will receive. It is far greater than that, perhaps your horizon does not extend that far. And the truth is that victims who are at the settlement level will get very little compensation for their pain and suffering but most of them do not realize that yet. It would appear to be “The American Way”, a way in which the people are in effect victimized repeatedly by a government whose sacred obligation is to protect them and punish those that cause them harm. But this is a dog and pony show and the people will be left with little or nothing as they always are. I am not “worried” about how much money I will get. I am worried about the people of this nation and the profound arrogance of the medical industry.

      • Anonymous says:

        Dear Bejah.You state that”In the case of this mesh litigation, it has been well established for years, if not decades that this substance is toxic and should not EVER be used in the human body.”I am wondering what year this was discovered.When I attempted to sue my doctor, four attorneys told me that my case would be” too difficult to prove.” I believe that this was because I had numerous vaginal surgeries, prior to the mesh implantation.Upon implantation, I was pierced with the trocars and hemorrhaged. I was kept overnight for observation.One year later, I had a BB sized object inside of me, that the doctor excised.My records state that I had a “partial mesh removal”, but in actuality, nothing showed up on the subsequent biopsy.My question to her would have been”So, what did you remove exactly”; only I never spoke to her again because I almost died of gangrene after that surgery. I don’t know how the medical “experts” for the attorneys who reviewed my case could possibly not see the connection.

  15. g guest says:

    The bottom line is, WHO PUT THESE LAWS IN ARTICLES AND AMENDMENTS THAT PEOPLE SUFFER REALLY GET NOTHING OUT OF PAIN AND SUFFERING BUT IT GOES BACK INTO THE RICH PEOPLE’S HANDS THAT COMITTED THE CRIMES , BIG BUSINESS, . POLITICIANS , GOVERNORS, AND COURTS , A SCAM ON AMERICAN PEOPLE. WHEN INNOCENT PEOPLE DESERVE TRUTH AND JUSTICE THEY GET WALLOWED AROUND BY THOSE THAT BUY OFF, ATTORNEYS, DOCTORS , NURSES AND MORE. INJUSTICE AT IT’S BEST.FOR AMERICAN CITIZENS .aS A WOMAN AT LOCAL COURT HOUSE TOLD ME TO MY FACE BECAUSE i WOULD NOT VOTE IN ELECTIONS TO WHAT SHE STOOD FOR, SHE SAID THE JUDGE CAN DO ANYTHING HE WANTS TO YOU, EVEN WHEN YOU ARE INNOCENT. AND NOT ALLOWED TO SPEAK IN COURTS CORRUPT.

    BEJAH, not fighting you at all, looks like you know law, , how many attorneys and more have cases in mesh, of those corrupt that will see justice and those without links to power and doctors and more will never see justice because of corruption and cover up, like doctors and nurses so cruel to women trying to find someone for years that will not lie to them, some their colleagues told not to expose doctors and nurses, like attorneys and judges that keep the truth from being told of those stabbed in the back , still of those in big business and power?

    Some women have suffered way tooo long , and they know it, when it should have been nipped in the bud, with all involved in mesh cover up and criminal charges brought. The true reason national media will not dig down to uncover the truth of why women suffered and through pain, and cruelty, because so many big business, medical research, doctors , politicians, media, as jane and I well know what even the media does to cover up truth.

    tell how easy the courts have changed to get off murders in crimes if those have links to those in power corrupting the judicial system. I know what price a citizen of america pays , false arrest and more lies , as they at one time tried to get me to say their ways of corruption and more was good. like jane, I would not bow to them and paid a price, no justice , false arrest, and so many lies. This is no different and injustice to so many , it is not the money at all, because as you said the ones that were lied to really get nothing because courts today so corrupt put it back into their corrupt people’s hands and lie.

    THE INS, SHOULD GO AFTER THOSE DOCS. AND NURSES AND ALL PAID OFF ALL THE WAY TO POLITICIANS AND STATE GOVERNORS AND MORE WHERE HEALTH , tHIS WAS DONE BY GREEDY PEOPLE IN POWER AS WE KNOW , HAVE ALL BUT DESTROYED AMERICA TODAY, NOT A DEMOCRAT, OR REBUBLICAN ISSUES BECAUSE ALL GREEDY , APPROVED THIS BEING DONE TO HUMANS, THE MOST UNGODLY PEOPLE IN BIG BUSINESSES, AND POWER IN AMERICA. EVERY PENNY SHOULD BE GIVEN EVER MADE BY THESE CHEMICAL COMPANIES, AND CROOKED ATTORNEYS NEED TO BITE THE DUST BEING TRAITORS TO AMERICAN PEOPLE TO CORRUPT AND COVER FOR MESH COMPANIES , SO THAT ONLY A FEW TO THE THOUSANDS GET ANY COMPENSATION.

    i KNOW AS WELL AS JANE WHAT PEOPLE THAT THINK THEY ARE GODS , THAT WANT TRUTH COVERED UP IN AMERICA. tHIS IS HAPPENING IN MESH CASES AND IN COURTS THROUGH OUT AMERICA TODAY.

    SOME PEOPLE , CANNOT BE BOUGHT OFF, BUT THE PRINCIPLE OF THIS MESS , IS FOR THOSE GUILTY TO GO TO PRISON FOR LIFE ATTORNEYS TOO. AND EVERY PENNY GIVEN TO WOMEN THAT WILL SUFFER FOR LIFE , WITH LITTLE GIVEN TO THOSE THAT CORRUPT THESE CASES, AND DOCTORS IN PRISON WITH THEM AND THE NURSES TOO. LIES TOLD, TO COVER UP FOR COLLEAGUES , SHOWS THEIR VOWS TO OATH MEANT NOTHING , TO SAVING LVES. GOD HELP US.

  16. g guest says:

    THAT IS WHY , WHEN MY ATTORNEYS , SAID YOU DON’T TRUST US, i RESPONDED, TRUST HAS TO BE EARNED AND YOU HAVE NOT EARNED MY TRUST, NOT ANSWERING CALLS AND MORE , SHOWED ME THE COVER UP OF ME NEVER BEING ALLOWED TO SEE JUSTICE, AND IT WAS TRUE MY GUT FEELING OF THE REASON WHY DOCTORS AND NURSES WERE SO CRUEL TO ME, TRYING TO FIND HELP, ATTORNEYS , AND DOCTORS , NURSES, SO CRUEL KNEW SOME WOMEN HAD NO CHOICE BUT TO GO ON INTERNET , TO FIND OTHER WOMEN SUFFERING, FOR ANSWERS, 5 YEARS WAY TOO LONG, AS THE MESH DOES MORE DAMAGE. WEAKENS THE WOMEN. DOCTORS NOT NOWING WHAT THEY ARE DOING, LIE AGAIN TO WOMEN TO REMOVE THE MESH, MORE DAMAGE DONE. . LIES AND MORE LIES,

  17. guest says:

    With all that women have suffered and some men, it is hard to keep a sane mind to comment on the web site.

    i have told medicare that they should not take any money from women that were lied to by these doctors , this is a grave wrong that women have to suffer for lies told to them by some doctors, then to be treated so cruel by some of their colleagues that also lied and covered up for the mesh, it took some women like me going from one doctor to another , and more suffering, being denied anti biotics to fight infections and even a cream that eased pain and suffering. not counting daily not knowing what the day would bring, , in bed, up and down, to much of one thing puts you in bed sometimes for a day or two.

    THE SARCASTIC REMARKS OF DOCTORS THAT ALSO COVERED FOR THEIR COLLEAGUES , NOT EXACTLY

    PEOPLE YOU WANT TO SEE AGAIN, being told when trying to locate a doctor, being told by nurse and doctor that he moved out of state , and then said he was in state , then “he had to move with his horses. THIS HAPPENED IN TRUTH.

    OR A NURSE THAT did not tell you she was going to catherize you, jams the tube in you the pain so severe you come off the table cussing. . Those doctors that lied saying no mesh protruding out, that it takes longer to find a doctor honest that tells you the truth that it is , in 3 places. BUT THEN, when her colleagues find out she told you the truth and you want confirmation of records again lied to by records, and flags go up, that she cannot see you again. not because you had a problem with her at all, BUT THEY HAVE TO LISTEN TO THEIR COLLEAGUES. LIES PUT OIN RECORDS AND REPORTS AS i have read, mind games of the most harsh people, and they say I am harsh when I cuss, to defend myself. provoking people to anger with lies and sarcastic words show why some women are pushed to mind breaking.

    would you want to go into another doctors office that because of mesh and their covering for colleagues and lying to you? trust has to be earned, and it doesn’t take long to establish trust, conversation, and truth, no mind games. TOO MANY ABUSE THEIR AUTHORITY AND POWER , i LEFT OUT IN A COMMENT ABOVE, tHE MAN IN THE MILITARY i SPOKE TO, WHEN i TOLD HIM ABOUT WHAT i HAD GONE THROUGH , AND IT SEEMS NO TRUTH AND JUSTICE , AND TRUTH BEING SHUT UP IN COURTS, HE RESONDED, ” THEY HAVE A LICENSE OF AUTHORITY TO KILL AND GET BY WITH IT, AND THERE IS NOTHING YOU CAN DO ABOUT IT. RUN IN AMERICA BY THOSE CORRUPT IN ORGANIZATIONS , LOBBIST, BIG BUSINESS THE NEWS MEDIA, , AND MORE. THOSE BOUGHT OFF THAT MAKE BILLIONS MOSTLY OFF THE POOR, THOSE THAT PUT INTO LAW, ARTICLES , AMENDMENTS , SO THAT JUDGES AND ATTORNEYS CAN DO ANYTHING THEY WANT TO , EVEN WHEN YOU ARE INNOCENT. TO MANY LIKE THESE , SO FEW THAT ARE NOT DICTATORS AND TRULY THE HARSH LIARS IN AMERICA IN POWER TODAY, YEAH , IT IS ALL LINKED TO WHAT HAS HAPPENED IN AMERICA WITH MESH BIG BUSINESS COMPANIES.

    i SAY NO TO ANY INS. COMPANY THAT GETS ANY PART OF ANYONE THAT HAS SUFFERED FROM MESH, BUT TO GET THE MONEY BACK FROM THOSE DOCTORS AND NURSES THAT ALSO MADE MILLIONS LYING TO WE THE PEOPLE. WHY WULD AN A ATTORNEY PLAY MIND GAMES WITH A WOMAN THAT HAS SUFFERED FOR YEARS, i KNOW, DO YOU.? NOT EXACTLY BEING TRUTHFUL CON MIND GAMES ARE FOR CRIMINALS MOST TAUGHT BY SOME ATTORNEYS. ALLOW THE TRUTH TO COME OUT IN COURT, FOR WOMEN TO SEE JUSTICE! AND TRUTH. TRUTH WILL STAND BUT A LIAR NO MATTER HOW MANY THEY HAVE FOR SUPPORT HAVE TO TELL ANOTHER ONE TO COVER FOR ANOTHER.

  18. Maria Garcia says:

    With Tort reform Compensatory damages in Texas are limited to 250K but only in personal injury cases. The mesh lawsuits are about a defective medical device and there is NOT a limit on that in Texas.

  19. Aaron says:

    Hello Maria Garcia;
    This article was meant to introduce the concept of subrogation to MND readers. I’ve found that subrogation is a concept that is often overlooked, or not discussed, and therefore; it can take a plaintiff by surprise, when it is invoked.

    This article was not intended to provide legal advice, to comment on any specific plaintiff’s case, nor to provide an exhaustive study about the law as it pertains to damages awarded in any specific case. Using Texas and Georgia as examples, I cited some high-level differences among state laws that serve as examples of how vastly different the laws, pertaining to damages awarded, can be. If you have specific legal questions regarding “personal injury” and/or “defective medical device ” tort law, you should seek the advice of a legal professional in your state. I spoke to and quoted Mr. Daniels because, I too, defer to licensed attorneys regarding specific legal questions. Regarding your comment, I did find some information regarding personal injury as it relates to a medical device defect cause of action . . . “Tort laws cover injuries caused by one person to another. Torts usually involve physical harm, though they may also involve other types of harm such as economic loss or emotional injury. The usual remedy for a tort is payment of monetary damages to cover the victim’s losses. Some common torts include products liability, slip and fall accidents, and simple assault cases. There may be some overlap between tort and criminal laws,” authored by Ken LaMance, LegalMatch Law Library Managing Editor and Attorney at Law (http://www.legalmatch.com/law-library/article/texas-tort-law.html).

    It’s my understanding (from the above citation) that the cause of action regarding medical device “design defect” is a cause of action related to product liability tort, within the greater context of personal injury tort law. That is my personal understanding, but again, I would refer you to a licensed attorney in your area for greater clarity. Hope that helps. Best wishes.

  20. Lyndsey says:

    Just a quick comment on the statement that Dr. Raz removes 100% of mesh. As a Dr. Raz patient he may tell you that he’s removing all the mesh but the reality is that if you have a posterior implant where the tie-in is in you hind quarters; there is no way to get it out through a vaginal surgery.

    • Lois S says:

      Lindsey did dr.raz help you, because I have a problem with the mesh and it is inside of my rectom also in left side of my vagina ,very painful to sit ,been like this since 2008 six months after surgery the Dr told me he could only get small pieces of the mesh out ,and they put a sling in me which has caused nothing but misery and more problems, I didn’t know that they were implanting a device in me. I thought they were just tacking my bladder up with my tissue, it broke loose from a surgery I had years before, I was in good shape just my bladder hanging down a tiny bit ,the mesh was not necessary at all ,or the sling it was just a check, both of my surgery were done for the money ,it has destroyed my life ,I can’t forgive the Dr for what he did to me ,I have hatred in my heart and this should not happen to anyone ,God bless all that have been deceived for money. Lou

      • Jane Akre says:

        Lois- Have you let your surgeon know what he did to you? Once they are informed, they can no longer say they have no patients with problems, unless they lie.

  21. […] Subrogation refers to the principle that someone who pays another person for damage caused by a third person, has a right to recover those payments from that third person who caused the damage; if the victim recovers an amount from the third person, the party who paid for the damage has a right to be paid back out of that recovery.  Subrogation would apply in the mesh cases as in any other case:  Third-party payers (Medicare, Medicaid, or private insurers) have and will assert a right to be reimbursed out of the victims’ recovery against the defendants. See more here. […]

  22. Christy says:

    I am so upset I can’t stand it. Who can I talk to and ask questions? My law firm won’t answer the phone or call me back its been months. I signed the aoffer in Feb 2017 It is now Sept. I signed the settlement and it is supposed to be at the majestrate for final review. You mean final bullshit on how to give my money away. I have filed bankruptcy and my insurance paid the hospital and dr. Why do they get paid back? That is bullshit. A chapter 7 was discharged done and the insurance paid and the Dr is not giving his money back. Why not. Please call me and help me. Christy 513-405-9651 859-647-1603

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