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Updated Transvaginal Pelvic Mesh Trials Ahead, 83,000 Pelvic Mesh Cases Filed in One Court!

TVT Secur

TVT Secur

MND, September 8, 2015 ~ After a long spring and summer that was supposed to encourage settlement to pelvic mesh litigation, there were few pelvic mesh trials scheduled. This fall should see a surge in the number of pelvic mesh trials, especially against Ethicon/ Johnson & Johnson.

The healthcare giant indicates it wants to continue to take pelvic mesh product liability cases to trial rather than offer mass settlements as some other manufacturers have done.

In the meantime J&J is busy paying off other crimes against consumers.  Between 2010 and 2013 J&J accrued $5.4 billion in fines and settlements for wrongdoing including pleading guilty to the criminal misbranding of the off-market promotion of the antipsychotic drug, Risperdal.  The company’s policy appears to be – accept the fines and violations and move on – it’s the cost of doing business. But consider their credo that their ‘first responsibility is to the doctors, nurses and patients, to mothers and fathers and all others who use our products.”

*Note- The first Prolift cases will soon be hear as well as TVT (transvaginal tape).

There are presently 83,019 cases consolidated in Charleston, WV in multidistrict litigation. Johnson & Johnson/Ethicon has the largest number of cases (28,777 as of September 8).  The following calendar updates several delayed cases.

 

SEPTEMBER 2015

Prolene mesh particles

Prolene mesh particles

Cavness v Ethicon,  September 21, 2015, Case No. DC-14-04220, 95th Judicial District before Judge Ken Molberg, See the documents listed here:

According to her petition, Carol Cavness is suing her doctor Teresa Kowalczyk  MD, Hunt Memorial Hospital in Texas, Hunt Regional Medical Center, Baylor Healthcare System, J&J and Ethicon in this product liability action. She was implanted with the Gynecare Prosima Pelvic Floor Repair System. The suit notes polypropylene material sparks an immune reaction; pathogens attach when the mesh is implanted vaginally (transvaginal); the mesh shrinks; the mesh causes friction with the underlying tissue causing the tissue to degrade; the mesh injures major nerve routes in the pelvic region and degrades over time taking with it the internal tissues;  the welding of the mesh during production creates a toxic substance that contributes to the degradation of the mesh and host tissue; and the design of trocars potentially penetrates nerve-rich environments.

The complaint says J&J/ Ethicon withheld information about the propensity of these mesh products to fail and cause injury and complications and have misrepresented the efficacy and safety of the products intentionally misleading the public; the company failed to perform any tests to determine the risk and failed to design a safe, effective procedure for removal of the pelvic mesh. Additionally, Ethicon/J&J provided incomplete and misleading training to physicians, many who were not trained surgeons, to implant these medical devices. In many cases the training took place in a weekend cadaver clinic or with a sales rep in the operating room.

In the case of Ms. Cavness, her doctor knew or should have known the pelvic mesh products have a high rate of failure, injury and complications and failed to perform as intended, say attorneys for Ms. Cavness. Despite that, Dr. Kowalczyk implanted Ms. Cavness on April 24, 2012, nearly a year after the U.S Food and Drug Administration said that complications from a mesh implant are “not rare.” The doctor was negligent in the care and treatment to her patient and did not act as a reasonably prudent physician in caring for her patient, says the complaint.

The Cause of Action includes negligence; a failure to warn the Plaintiff prior to implantation; defective design of a product that was unreasonably dangerous; defective manufacture, breach of an implied and express warranty the products were safe for the purpose for which they were intended.

Cavness claims she is in physical and mental pain that will likely continue into her future, she is disfigured, that likely will not improve. She says she has lost the ability earn a living, lost wages and will have medical care and expenses now and in her future.

She is represented by William Blankenship III of Dallas and Tim Goss of Freese and Goss of Dallas.

 

Prolift on eBay July 2013

Prolift on eBay July 2013

Wicker v Ethicon  September 28, 2015, in Bergen Co. New Jersey.  Prolift pelvic mesh  Case No. L-13702-14 to be heard before Judge Brian R. Martinotti. The case was reassigned from Atlantic Co to Bergen Co in October 2014. 

This case may echo earlier ones presented by Adam Slater of Slater Mazie (Linda Gross, Joan Budke).  In July, the Defendant requested photos from the Plaintiffs’ family weddings, an overseas trip, a vacation home. Defense is allowed to use three photos to show to the jury, not unlike the vacation shots presented to jurors in the Coleen Perry’s California trial last year.  That motion was granted. But what was denied was information from her treating physician for additional treatments.

See the New Jersey court schedule here

There are presently 8,341 cases filed against Gynecare in New Jersey.

 

OCTOBER 2015

TVT SEcur

TVT SEcur

Rabiola v. Ethicon, Austin, Texas. October 26, 2015  Case no.  D-1-GN-13-002039

Josephine Marie Rabiola will appear in an Austin, Texas court October 26 in her product liability case against Ethicon. She too is suing her doctor, Tomas G. Antonini MD, Lone Star Urogynecology and Continence Center, Seton Healthcare, and Johnson & Johnson/ Ethicon.  She was implanted with the Gynecare TVT Secur System and the Gynecare Prosima Pelvic Floor System

On May 24, 2010, the Plaintiff was implanted with the TVT Secur System, made with Ethicon’s Prolene mesh in Austin to treat stress urinary incontinence (SUI). By November 2, 2011 Dr. Antonini recommended another mesh to treat her SUI and pelvic organ prolapse- the Prosima Pelvic Floor System.

Ms. Rabiola would not have consented to the surgeries had she been adequately informed, according to her complaint.

As is the case with Cavness, lawyers for Plaintiff Rabiola allege negligence; design defect, manufacturing defect; a failure to warn her; a breach of implied warranty and express warranty. She too is represented by Tim Goss of Freese and Goss of Dallas and David Matthews of Matthews and Associates of Houston.

 

Denise Kilgore v. AMS, in Kansas City District Court October,  The case no. is 14CV01312. Johnson County, Kansas state court has an electronic docket. 

 

NOVEMBER 2015

Sherrer v Boston Scientific, November 30, 2015, Kansas City Mo. State Court (Bertram & Graf, David, Bethune & Jones, Wagstaff & Cartmell)

 

ethicon logoDECEMBER 2015

Mullins v. Ethicon, Charleston, WV, December  7, 2015.  (Case No. 2:12-cv-02952.)   This case consolidates 37 plaintiffs who have similar actions in one trial naming Ethicon/ Johnson & Johnson.  They all have a TVT (transvaginal tape) implant and were implanted by different surgeons in West Virginia. Those are the common issues of law and fact that allow them to be consolidated into one trial.  All of the mesh implants, used to treat incontinence, were made by Ethicon, a division of Johnson & Johnson.  See a Mesh News Desk story here.

 

Hammons v. Ethicon, December 7, 2015, Philadelphia, Kline & Specter, Prolift mesh 

 

JANUARY 2016

Edwards v. Ethicon, Charleston WV, January 11, 2016, Mueller Law

Delacruz v. Ethicon, Philadelphia, Kline & Specter, Prolift mesh, January 11, 2016

Carlino v. Ethicon, Philadelphia, Kline & Specter, TVT mesh, January 25, 2016

 

FEBRUARY 2016

Way v. Ethicon, February 22, 2016, Volusia Co Florida, Daytona Beach, FL

Vanderveer v. Ethicon, Philadelphia, Kline & Specter, Prolift and TVT, February 8, 2016

McGee v. Ethicon, Philadelphia, Kline & Specter, TVT Secur, February 22, 2016

 

MARCH 2016

Hansen v. Ethicon, Philadelphia, Kline & Specter, Gynemesh PS, March 7, 2016

Navarro v. Ethicon, Philadelphia, Kline & Specter, TVT and Pelvitex PP mesh

134 Comments

  1. msm says:

    Cases filed in Texas seem to be moving right along with a greater percentage of trials and settlements than we have seen in the MDLs (disregarding AMS settlements). Curious…. Or perhaps it’s my imagination….

    • Jane Akre says:

      I’ve been told the hope was that the Defendants would move ahead with settlement offers. Largely, they did not. So onward with trials.

  2. jbroken says:

    Wow this is just horrible. Ms. Jane is there anyway u could find out how many cases are that are TSL pig tissue cases? C, R. Brad omg are crooks and what about FDA oversite? Unforgivable ppl.

    • Jane Akre says:

      Bard as of this week is facing 12,521 cases filed in West Virginia and a number filed in other states. The best way to find out accurate numbers is from the source. When they issue their SEC statement (Securities and Exchange Commission) that is a report filed with the government, it usually let’s shareholders know what litigation is pending. The numbers are always higher than we find filed in any individual court.

  3. Linda says:

    Yes I have a mesh case against Ethicon & J&J I’m represented by Muller Law from Texas. Can you tell me when my case will be presented for a settlement….

    • Jane Akre says:

      Hi Linda-

      They are the only ones who can answer that question and they should! Here is their website and number!
      http://muellerlaw.com/

    • K says:

      Hi Linda,

      Mueller Law has stated many times they are not expecting a settlement for another 2-3 years and more like 3.

    • Samantha says:

      Re: Linda

      I would get my personal info off this site. Be careful.

      • Jane Akre says:

        Samantha. Thanks I edited out her info… Probably best NOT to put your name and address just in case your manufacturer sees it. !

    • Bejah B says:

      Linda, My personal sense at this juncture is that you should not even hold out hope for a settlement because Johnson & Johnson has made it abundantly clear that they will not settle, that they will accept no responsibility for what they have done and the truth seems to be that they are leading the other defendants by the nose and like sheep they will follow JnJ (Over a cliff I hope).

      The less hope you hold for settlement the less it will hurt you when it does not come. I am not qualified to venture a guess at the probability that you will be one of the fortunate few, but surely it is quite low. But, Johnson & Johnson is infamous for speaking with a forked tongue and even as they insist they will never settle they do settle some cases quietly. Hold on to your hope but keep your expectations low. If they do offer you a settlement play hardball…they are doing it to serve themselves. Analyze it. Prepare “if/then” responses so you are well prepared. Do not leave it to your counsel to handle while you sit at home like a good little woman. Trust no one.

      Bejah

      • Linda K says:

        Brian, thanks for caring I really feel hopeless. My mesh sling was made from Ethicon and J &J I’m not going to let the doctors or Attorney push me into the revisional surgery just for them get more money. I will not have another surgery to get me or the Attorney more money I was told that it would mean the difference of hundreds of thousands or millions I’m so hurt and confused God Bless You Bejah! Linda

        • Jane Akre says:

          Linda, in my opinion YOUR HEALTH should be your primary concern…. everything else is secondary. What is best for your body? Have you had experts, at least three, access your condition? Just my opinion. I”m not a doc or lawyer.

  4. ZENIA GUERRERO says:

    What about CR Bard/Covidien/Medtronic – any news on settlements? I’m always told that they are close to settling….been waiting 2 1/2 yrs, I can’t even imagine those that have been waiting longer!

    • Barb says:

      That really isn’t a long time I have AMS been waiting for 8 years!! Stay with it have hope!

    • jennie says:

      Yes I have as well been waiting a long long time longer than 4 years I have been suffering paying immensely infection after infection pulmonary embolism bursted because of the surgery and wanted to both lungs and into my valve of my heart I suffered Warfarin and all that for 13 months it just doesn’t seem fair I already have the use of my legs anymore LOL hole in my bladder that leaks continuously there’s no way they can repair it it’s unrepairable they’ve tried everything I’ve had from hip to hip cuts from the doctors surgeries after surgeries now I sit and wait for the litigation I can only pray to God that it’ll be in the millions but I was just told it will not even be a million I can’t believe the suffering I’ve been through and that I’ll continue to go through for the rest of my life I got over being embarrassed of all the accidents I have constantly wearing depends it’s not comfortable at my age it’s very satisfactory to me that all they’re going to get us a slap on the hand I feel that I should get millions but I was told I’m not even going to get 1 million and I was the first one to file that’s what I was told when I first filed I almost didn’t make it they are thought I was not going to make it a blood clot late on my valve to my heart for 13 months both my lungs were full of blood I have lung problems now and I also have to worry about the valve to my house heart I have put out a hundred pounds since this I don’t get around very well I wish that you happy person before this I just can’t even imagine how a company could exist and all their investors not care about humans it’s just so not American about it I just don’t know what else to say to anyone except for I feel you I know how you’re feeling I’ve been going through it since the mesh the mesh abscess did to my bladder and it had to be surgically removed part of it hanging out of me and I’ve been having infections every single month my body broke down and other things come up from it none of this nobody knows but the people that are going through it I was told for the rest of my life I’ll suffer these rashes that I get from urinating constantly all over myself because the hole in my bladder is unrepairable God bless you all I know how you feel I’ve seen other people die from it and I feel that I’m one of the ones that’s coming up this waiting is such a terrible weight it’s so expensive to take care of yourself with all the names that you need to keep yourself clean and not smelling all the time they don’t know any of that they have no clue what it feels like to go in public when you have to and you know that you know you stink because that’s there and you can’t get rid of it when your bladder goes you have no more control you can get dressed but then you know any second you have to have somebody help you and if someone’s not there and that’s how you are until somebody is there to help you being as heavy as I became makes it even more difficult my legs have been giving out on me not because of the way because the pain the pain is so bad that it takes me down to the ground sometimes I can get up sometimes I just lay there crying it’s hard to believe this all happened over a mesh that toxic mess mesh that they put in our bodies without us knowing you’re all in my prayers I just pray to God that they’ll be enough money that they give me that I can have someone help me and I’ll have the stuff I need they think that it’s easy and cheap it’s not all I can hope is that the judge the litigation judge when he sees my case and reads my letter I wrote him he can feel what I’m going through I pray to God that he Awards Muna are some that is the problem beyond that I’m being told I’m not going to get well God bless all of you hang in there believe in God may God help us all get through this in Jesus’s name I pray amen

  5. Bilal says:

    “I hope Bard executives,those involved with helpn them cover things up,”i hope all those piece of s*** a** attorneys and all those helpn that evil ass company burn in hell…all those people they disabled…”state of emergency on Bard mesh,Adam Slater is correct about banning them….1 of the most evil things in American history!”

    • Bejah B says:

      And let us remember that they have also MURDERED other human beings and caused tens of thousands of others to live out their lives in pain. I have thought this about the pain: We must bear what is unbearable.

      Bejah

  6. Hurt-via-mesh says:

    I have questioned my attys on when my Boston Scientific will go to trial – they keep saying “we will let you know”. Can someone tell me? Been waiting for over 4 years!! Still need more surgeries when we can afford it. If we wronged these companies they would have wanted our money immediately.

    • Bejah B says:

      I think the FED should make low interest or no interest loans available for those who need surgery now and do not have the resources. I also think it is beyond shameful that both private insurers and Medicare who were so quick to sign us up for surgery, refuse to cover the cost of explant of defective devices or offer any recourse at all yet they will be first in line when we receive a settlement or a judgement against the defendants. I thought it was supposed to be our governement. I thought it was supposed to protect and defend the citizens of this nation even as we defend it, even giving the lives of our sons and brothers and sisters and parents in overseas wars. Let us demand low interest loans from those few elected representatives who are not on the take from the evil doers.

      Bejah

    • Barb says:

      Remember Hurt-Via=Mesh the attorneys work for you!! You don’t work for them start demanding answere’s, I’m ready to request to speak with one of my attorney’s after all Judge Goodwin did say communication is key between the parties at this time in litigation with AMS I have been pushing them to get ME straight answere’s!

    • iva says:

      I have had a case against Boston Scientific for 7 years have not had revisional surgery, rook out an advance so anything I get will be paid out. most cases are settling for 30-40000.

    • Kortney says:

      I am the same boat with BS. How can they do this to us and get away with it?

      • Elizabeth M says:

        I have had a BS mesh and then another afterward because of pelvic organ prolapse. I contacted an attorney in a civil case they were only going to give me $13,000.00 and then they have been rushing me to sign papers. I don’t think this is fair compensation do you?

        • Jane Akre says:

          That will be reduced by half. Will that be fair compensation? Do you have complications? You don’t say. You will not be allowed to pursue any future harms. Have you had any removals? They have no right to rush you. You can write me privately. Janeakre@Meshnewsdesk.com

  7. Linda says:

    Yes I have a TVT mesh suite and I called my attorney and yesterday they finally called me back . My case worker Katie wants me to send more reports from five different doctors which I’ve already sent them. All five doctors said that the mesh couldn’t be removed as the TVT sling. She’s wanting me to see doctors for them to take the sling out but I told her that why should I let them make me worse when the doctors at four different Universities said it couldn’t be removed a that if I let a doctor that says he can remove the sling. I’m in enough pain, go anywhere for the leakage and all that I’m going through its so embarrassing I just wish I could get a settlement soon . Do you know anyone that would buy my settlement? I would sell my law suite for three or four hundred thousand as I have terminal cancer and not likely to live 2-3 years,

    Sincerely,

    Linda K.

    • Jane Akre says:

      Linda, of all meshes, docs say the TVT is often the easier to remove because it does not go thru the obturator space. TVT-O. Are you sure yours is TVT? You need an expert at removal. The pages here contain some of the most competent docs at removal….. Do you need a doctor reference?

      • Linda K says:

        I’m not for sure but I thought it was a TVT made by Ethicon and Johson &Johson but every doctor I’ve seen has said the same thing that it would be impossible for it to be removed including Dr William Sterr that put the mesh sling in me!!!

        Where I saw doctors at these big Universities and every doctor told me the same thing that it could not be removed as I was told by all of the doctors told me not to let a doctor try to remove it as I was told I would be worse than ever and my life sucks now what would it be if I did let them try to remove it the attorneys say it’s a difference of receiving hundreds of thousands than have the surgery and get millions so I hurt enough now and I’m not money hungry but I’d settle for hundreds of thousands and try to enjoy what life I have left…..
        Linda Karen Miller

        • Barb says:

          I would be careful with what your attorney say’s!! Jane posted some where that a woman was promised millions how ever she fried her attorney apparently either her case did not result in what she was promised I’m sure Jane can give you more information. You have JNJ…………they are not going to make outside settlements and every case so far has been appealed, sorry to say but it’s going to be 2-5 more years before JNJ trials and then not sure if your case will be allowed every bit of evidence! Has it been noted in your doctor’s notes that your cancer was 100% caused by your mesh device?? I hope your attorney’s are aware of your condition sweet lady!

        • Barb says:

          Make sure you have sent notification of all the doctors you have seen and have them note why no mesh removal!!

        • Barb says:

          So your attorney said have it done it would give you millions vs hundreds of thousands?? You have a case worker?? How many surgeries have you had

          • Linda K says:

            It was my case worker named Katie that’s wanting more doctors and i had only one surgery but all the doctors I’ve been sent to at big Universarys have all said it was impossible to remove it!
            Feeling hopeless!

      • Linda K says:

        Yes I would need a referral to see a doctor that does the removal. Of the TVT mesh sling A doctor closest to where I live
        Thanks Linda

        • Barb says:

          We are all her for you sweet lady, when things look bleak take a deep breathe and say I’m strong, beautiful and only going to do what I feel is right for me@@I believe the only reason woman have had to undergo multiple surgeries is for the purpose of the time it includes to look at every organ and how intense it is. I also read that due to the low payment that doctors receive unless they are on a salary for the mesh removal they are reconsidering doing these surgeries and we will be running into doctor’s that is made aware of all these complications and suits against manufacturere it just may become more difficult for us to have this mesh 100% removed they are also going to be looking at a malpractice lawsuit!!!

    • Bejah B says:

      Linda, You are so brave. You have said you have consulted several University medical center physicians (surgeons I presume) who told you the mesh can not be removed. Does this not mean that the mesh has intertwined with the native tissues to such a degree that the density of it and particularly if the body has expressed an FBR in such a way that there is excessive density….that even attempting to remove it by an expert would probably result in death and surely would result in greater permanent pain due to the additional surgery?

      I do not understand who “Katie” is. Is she an attorney, a paralegal, a temp, and what is her justification for insisting you have this surgery? What right does she have to ask that of you? Does it make their case stronger (= more money for them) if you have more surgeries? I would remind Katie that this could kill you rendering the value of your case far less. If it were me I would tell “Katie” to put an attorney on the phone. I would not bother discussing this complex matter with a staff person.

      They are working for you Linda so let them know you are the CEO in this little alliance. I so admire your courage. Given your prognosis (I assume unrelated) you seem so dignified.

      Bejah

      • Linda says:

        Thanks Bejah and yes if I had another surgery it would mean more money for me I suppose and the Attorney sure would. I’m sick enough I don’t need anymore surgeries I’m so hurt and confused Linda
        God Bless You

        • Barb says:

          Linda it is important to take care of your health first! However don’t let your attorneys push you into something that will emotionally and physically prepared for, and telling you having another surgery makes your case a difference between millions or thousands I’m not quite sure I would have much faith. Is it because he wants to make himself more? In my opinion seems like that’s more money of your settlement that you deff effect you, more money deducted from your insurance company and have you checked to see if your state has a cap on how much money if it goes to court you legally can recieve some States do have a cap because they feel no one should be entitled to certain amounts. Bless you and what decision you make!

    • MAMOHIO says:

      I’m with you Linda, they want to try and remove my 2 mesh and all double the scar tissue around them with no guarantees that I will be better. Here were my options: Try and remove both mesh, they will have to look at each piece of tissue under a microscope to know if they are cutting scar tissue or on the mesh. Kind of looking for gold. If it is mesh then they will keep cutting. How do they know which way to go if the slings are covered in all this scar tissue? They told me that I could end up worse, infection, nick the bladder or cut thru the urethrea tube, there fore I may have to self catherize myself to void. If the surgery is successful then they want to do a hysterectomy and I would be full of mesh after that cause it is the “gold Std”. Why would I want more mesh. They don’t practice burch procedures anymore, or very few maybe. Then after I heal from that if I am still incontinent they would put another sling in. WHAT??? Back to square one. The risks vs reward outweighs the outcome. I could die of infection from all this. I am not willing to have anything done until these drs get some experience under their belts with good results and FDA approved testing. So far not one woman has said she is 100% better and that they got 100% of the mesh. IT IS IMPOSSIBLE TO REMOVE 100% OF THE MESH. I don’t care what bs these drs say. I wish you the best and don’t give up your case. Stay in it to win it and if something happens like Ms Budke or Batiste then at least the families can continue your fight. There are people out there that will buy your settlement but I think they ARE crooks so I would do my homework first. God bless you and hang in there.

    • Barb says:

      Linda I don’t believe you should be putting out there asking to sell your settlement. You don’t even know what your settlement is worth and $300,000-$400,000?? How do you know you will end up with that kind of money?? What about liens?? Attorney fee’s?? These cases are so unpredictive you seem to be looking at a HIGH settlement when your not guranteed!!

    • Barb says:

      Make sure you have sent in to your attorney’s that these doctors have refused for what ever reason.How many surgeries have you had?? I just had my 4th during this procedure they did laproscopy, D^C, hystroscopy, cystocopy, removed the mesh that eroded in my uterous and bladder. They had to pull, move around tissues and organs to cut away exposed I have 2 defective products so going into this they didn’t know what device had eroded she had to sew up the two small holes in my uterous from having to pull as mush away/out!!

  8. jade says:

    Look at the LATEST pro-mesh PR articles. The FIRST horse has gone over the cliff against us victims. Now, these criminal manufacturers and their lawyers will have a significant PUSH BACK to say these devices are SAFE and EFFECTIVE. I feel very sorry for these women who are going to trial – they will be sacrificed, yet again, like the SHEEP in C.R. Bard’s study! Jane, remember my cartoons – I think you have some new ones to post????

    http://london.ctvnews.ca/surgery-rate-to-fix-vaginal-mesh-problems-low-says-london-led-study-1.2555389

    http://consumer.healthday.com/senior-citizen-information-31/incontinence-news-409/dangers-of-vaginal-mesh-surgery-for-female-incontinence-may-be-overstated-703073.html

    http://medicalxpress.com/news/2015-09-secondary-surgeries-vaginal-mesh-stress.html

    http://www.webmd.com/women/news/20150909/dangers-of-vaginal-mesh-surgery-for-incontinence-may-be-overstated-study

    • Jane Akre says:

      We need to check the authors of mesh PR studies to see if they have been compensated or are currently working with/for the manufacturers. In some peer reviewed journals, it is mandated to list all conflicts. Can you help check these out> J&J for example, has hired a crisis communications specialist, so these are not a surprise. How then do they explain all of the lawsuits? Hysterical women and greedy lawyers? Thank you for this

      • Linda k says:

        Thanks Jane I would settle with Ethicon & JnJ as I need to settle in the worst way I would take $500,000 and try to enjoy what life I have left and I’ll be in serious pain anyway but I would love to see my home paid off before I die…..Linda

        • guest says:

          Linda K, $500,000? Minus 40%, minus the state in which live may charge a fee, plus your medical fees for the rest of your life, medicines, life expenses, medical fees extracted for whoever paid for your surgery, and other junk fees will leave you with less than $100,000, for the rest of your life. That is not enough to live on past 12 months. Do not be in a hurry ladies. I know it is hard, but you and your body are worth much more. If possible, do not sell yourself short. These companies make billions each day. Mesh Victims were used as experiments that went wrong, and these companies falsified documents, destroyed documents, and did worse causing death, permanent injuries, pain and suffering and psychological damage, irreversible organ damage and much more, and they hid the truth, so they would not have to pay out bigger claims and the truth would be hid forever.

          Johnson & Johnson a family company, SEC Johnson Corp. What does that even mean?

        • Barb says:

          Linda you can find out if the State you live in has a cap on what you can recieve!! Many States do, but I was told if your settlement was settled out of court it does not apply however you need to find that out from your attorney………

        • Bejah Blue says:

          I concur with “Guest”. Do not speak of or think of dollar values to save yourself greater heartache. This is out of your control really Linda. Focus on your blessings and you do have them. They are often more visible to us when we are in deepest despair, just as the closer we feel to death the closer we come to GOD. Do not think too much of the things of this earth. Detatch to the degree that you can and you will find peace that may elude you now. Close your eyes and let go, feel the tightness in your body loosen, do this twice a day if you can and as your body relaxes so will your mind and that will help with the pain. The pitiful settlement or judgement will come when it comes. Focus on what you can do now in your life and leave the rest to GOD.

          Bejah

    • Bejah B says:

      Jade, Regarding these links…Consider the source. I do not think any of these sources are highly regarded medical journals. What is published in the local paper is far less important except where public opinion is concerned.

      Tomorrow I will read them and check the authors out, and the citations, etc. “Believe half of what you read and none of what you hear” …I think that is how that goes. If something is published in a paper we need to ask who owns the paper, etc. Then we need to worry about all the people who “read” that paper and believe everything they read. For many Americans the local paper or morning news is their only source of news. They are not politically involved.

      We need to get the truth out there to combat the double talk (Another tool in the evil doers arsenal).

      Bejah

      PS And where studies are concerned there are many questions: Who funded the studies for example.

      • jade says:

        Bejah/Jane –

        Researched a little further and THIS article submitted in JAMA makes MORE sense! PLUS, in “Article Info” there is some research that can be done AND, also, under “References”. Take a look at the JAMA report in the link below:

        http://amaprod.silverchaircdn.com/data/Journals/SURG/0/sic150057.pdf.gif

        • Jane Akre says:

          Thank you Jade…. this is important! Lower voluem surgeons have a 37% higher risk of complications among patients…. it reinforces the belief by many that the more experienced surgeons have fewer complications. However, we know from the trials, that some of the high volume surgeons have been inmplicated in poor outcomes as well. Good interview topic. Thank you.

          Here is the article in JAMA Surgery. This is the article that received some media coverage this past week but it only picked up on the one in 30 have complications….

          http://archsurg.jamanetwork.com/article.aspx?articleid=2432613

          • Still Standing says:

            This commentary just emphasizes the low volume/.higher complications that were shown in the large study. While it is pretty obvious that this would be the case it is not good news from women in litigation for medical device failure as the defendents will say that it is not in fact a result of the mesh, but of the surgeon.

  9. Paula says:

    Have received claims affidavit from AMS settlement center. Get the feeling from my lawyer that I should just shut up. sign it and send it in regardless of accuracy or omissions. Too late at this stage to change attorneys? Is that even possible?

    • Jane Akre says:

      Yes you can change attorneys. You can also refuse the settlement and say you want to go to trial. Believe it or not, you are in the driver’s seat. I know it doesn’t sound like it. But your signature is needed to bring the settlement $ in. Please do not be threatened by your law firm. Remember, you are signing away your rights forever when you sign.

    • Bejah B says:

      Great question Paula, I think I saw that Jane wrote that you can at any point. Sounds like these people want you to fall for the “Wham, bam, thank you ma’am” approach. Thank you for being too smart for that. We all watch and learn from eachother, from what we face, the decisions we must make, and what we are asked to do. One wonders sometimes, whose side “our” attorneys are on. Too often the truth is that they are only on their own side and using us/you as a vehicle to increase their own wealth. I feel the same way about most real estate agents but that is another story! Good for you for not just saying “yes” because you need the money, some money, any money. Good example for us all.

      Bejah

    • Barb says:

      You need to make sure everything for your i juries is on that paper if not you can add!! Just use numbers I would like to know how many injuries did they apply to your case?? How many issues do you have?? I want to warn everyone that my doctor who does my faucet/block injections did blood work 8 months ago wanted to check on my liver enzymes the numbers were completely off the road!! He told me yesterday he believes that the enzymes and the numbers very well could be caused from the mesh!!! I’m just not sure where I should go with this if my liver and not a drinker isn’t normal what else of my internal organs have been effected!! He did more blood work yesterday to check other issues!

  10. MAMOHIO says:

    Jane,

    How is the Cavness suit proving the following comments: What kind of drs can tell us that the mesh is causing this? I would like to find out for myself?

    The suit notes polypropylene material sparks an immune reaction; pathogens attach when the mesh is implanted vaginally (transvaginal); the mesh shrinks; the mesh causes friction with the underlying tissue causing the tissue to degrade; the mesh injures major nerve routes in the pelvic region and degrades over time taking with it the internal tissues; the welding of the mesh during production creates a toxic substance that contributes to the degradation of the mesh and host tissue; and the design of trocars potentially penetrates nerve-rich environments.

    • Jane Akre says:

      Much of that evidence has been shown in other cases… please use the Search Bar to bring up Lewis, Huskey and Linda Gross and Batiste ….If you can sit in one of these trials you will get an earful.

      • Barb says:

        Jane in your opinion as I was curious if the Special Master had information on trials, the injuries these woman had so they would have an idea of what a jury could award. I’m so nervous I like one of your other reader’s who has AMS I have been emailing them back and fourth trying to get my point across I asked her what about our heath issues for life, what about 3 revisions, what about all these infections we certainly will be left with, what about cystitis, what about new diagnosis, why cant we be entitled to what other’s have been awarded I would be happy with just the punitive damages, what about us not having been informed properly, I asked about what kind of doctors are reviewing our records, how many specialist, these doctor’s have got to be educated with the female anatomy!! What about ll of us who has to have ALL meshed removed, those who have organ prolapse. and still suffer from SUI! I pretty much was told that if I didn’t acccept the offer then it would be 5 years at least to file paper’s, She keeps telling me how empathetic my attorney’s are REALLY no I don’t tell me!! I think this was all handled poorly, I believe Judge Goodwin left the doors wide open for the manufacturer’s to have us still at their mercy, to follow their recommendations, I think he should have for all especially those injured the most they should have been awarded a sum so after liens, attorney fees that we would be left with a sum between $400,000-$800,000 this would at least leave us with some pillow support for further surgeries and the %20 percent medicare does not cover!! And what about those who may not need surgery by December 31, 2016 which AMS has agreed to pay although not ALL surgeries and this was just made to my knowledge in August 2015 they are covering some from January 1 2015=December 31, 2016 So 7 months has gone by without being told!!! I think whatever by bill is I’m going to inquire and demand they pay!!! We should have been notified!!!

        • Jane Akre says:

          I’m very disappointed in the lawyers and paralegals that are not keeping you informed. Yes there are probably hundreds of folks calling their office, but really, for their 40% they can at the very least send you some information. Release a press release here on Mesh News…. something. Don’t keep women in the dark and tell them to be patient. Patience is running very thin!!!

    • Bejah B says:

      I might add a small example but I think the fact is there are many physicians and researchers who can testify regarding causality.

      For example, I went to my Gastroenterologist a couple of years ago, concerned about intrustion of the mesh into my colon. He told me that although that had not occurred (yet) he wants to follow me to watch it and more importantly for the moment he issued a statement that the mesh was causing me serious pain and should be removed.

      I can not have it removed because three experts concurred that in my case, as in many others, there was too much scar tissue, etc. (the rest I can not discuss) and the risk of death too great in surgery to attempt explant. So, physicians outside of the circle of Urologists, urogynecoogists, etc. can render opinions that are important. I sometimes feel they are more able to speak freely than the Urology group.

      One problem seems to be that the defense seems to be able to prevent expert witnesses from testifying! I will never understand this.I still wish someone would explain it to me. My attorneys are far too busy to play professor or I would ask them.

      Bejah

  11. kitty says:

    So’–if a woman has a translabial ultrasound and it shows mesh poking in organs-‘-then what?

  12. Still Standing says:

    The study links that Jade posted above were published in JAMA, which is the Journal of the American Medical Association. The links are just news releases about the study. JAMA is a highly regarded extensively peer reviewed journal. The research was done in Canada and was funded by the Institute for Clinical Evaluation Sciences in Canada. It was an extensive case review of the women who had mesh repair for incontinence in Canada, not for pelvic organ prolapse from 2002-2012. We have been calling for research on mesh and although some studies do not fit with our perception, others do. One study does not “prove” a hypothesis. However, they do form the body of knowledge that will eventually become what is called “best practice”.Best practice drives further discovery. This type of study would be difficult to skew, since it just went back and reviewed the facts in the medical records of the women and noted the complication, device failure rate, and mesh removals. Scientific research can not ever prove causality, but it can suggest causality based on probability.

    I would also like to address the comments about firing your attorney. Just be aware that while you can fire your attorney, your present attorney can and more than likely will attach a lien to any settlement you might receive to recover their costs of handling your case. Read your contract. The contract spells out what is expected should you release them from your case. Some may even require payment of what you owe them before they release your litigation records. It would probably be smart to hire another attorney before you fire the one you have now.

    • Jane Akre says:

      Thank you Still…. if you are able, a further examination of the Canadian study would be helpful…. I will try to get the author for an interview. Here it is online… Whatever you can do to help is much appreciated since it sounds like you are familiar with research jargon… you can reach me at janeakre@meshnewsdesk.com THANK YOU!!

      http://archsurg.jamanetwork.com/article.aspx?articleid=2432613

    • Bejah B says:

      Dear (She Who Is) Still Standing, (Sounds like a fine old native American tribal name), I have just spent two days reviewing only a few papers at PUB MED and my head feels as if in a vice grip so now taking a break.

      I seemed to sense a pattern, an overabundance of “study” of incontinence issues, even where that search term was excluded…even where M-E-S-H was spelled out literally as the core issue. It made me angry. I think most of us would choose incontinence over what we face in a heartbeat. I found it offensive even. I am a victim, implanted with Prolift. But I am not incontinent and never have been (except for a strange singular event a couple of days ago). JnJ talking heads would spout “Oh, it is just old age”. I search for information that would be of interest to all of us, but I am especially interested in research on patients who were implanted robotically (transabdominally?) and I am not finding much so far. These women have the same issues, the same pain, the same complications, and development of the same diseases, auto-immune issues, as those who were implanted transvaginally yet this population is treated as if they do not exist. WHY?????

      I understand quite well that JAMA is highly regarded in medical circles and by extention patient populations BUT the American Medical Association protects and defends physicians, not the general public, not the patient population when considering the bottom line. Therefore, trusting what is published there must be carefully and critically considered. There are fine medical journals in India I have more faith in.

      I have just been reading the Federal Register from May 1, 2014. I will take the liberty of pasting in a couple of paragraphs. The whole tome leaves me with many questions. I do not remember if Jane ever pulled this at the time but one thing I did not understand was that evidently the FDA, despite its rather rude and relatively sudden statement that it “Refused” to reclassify the mesh to Cat III (Despite assertions that it intended to do just that) in July 2011 I think, (I know this is the mother of run on sentences, sorry) it, the FDA can still decide to reclassify to Cat III and THAT is what we need to push to happen. The agency implies that it gives equal weight to public opinion as it should. BUT lets back up….what caused the FDA to abruptly decide to not reclassify in 2011? Here are a couple of paras from the aforementioned Federal Register (5/2014):

      In accordance with section 513(e)(1), the Agency is proposing, based on new information that has come to the Agency’s attention since the original classification of surgical mesh, to reclassify surgical mesh for transvaginal POP repair, based on the tentative determination that general controls and special controls are not sufficient to provide a reasonable assurance of safety and effectiveness. Also, the Agency is proposing, based on new information, to reclassify urogynecologic surgical mesh instrumentation from class I to class II, and as part of the proposed reclassification and consistent with section 513(a)(1)(B), is proposing to establish special controls for urogynecologic surgical mesh instrumentation. FDA tentatively determines that the general controls by themselves are insufficient to provide reasonable assurance of safety and effectiveness of this instrumentation, and there is sufficient information to establish special controls to provide such assurance. FDA is proposing reclassification of both devices based on its review of information received through multiple sources. These sources include:

      (1) Postmarket surveillance of medical device reports (MDRs),

      (2) concerns raised by the clinical community and citizens, and

      (3) the published literature.

      Since we know (yes?) that the FDA places a lot of weight in decision making process on input from corporations producing the device(s) in question, under what category above do they fall? I presume it is #1, MDR’s. Is that public information? Can we look at that data? How? Where is it? So what was the result, the fallout of this Federal Register item from May 2014?

      I clearly am not a skilled medical researcher and the burden of sifting through language I do not understand and must look up makes it all so cumbersome, but the issue makes one push on. Those of you who understand these things so much better are of great value to us, immeasurable value and thank you so much for your comments in general and anything you can offer to clarify some of the questions posed here by this meshed up person. Thanks.

      Bejah

  13. Barb says:

    I agree Bejah!! However unless stated that the cause of death was 100% Mesh defective these cases are going to be long and grueling. even though know many facts as to what this mesh monster has the power to do I don’t know if there would be any doctor or pathologist willing to say exactly just that. Many factor’s would be determined including age of client, other major health issues, and we do know that these products can cause cancer however again whether before implant or after and then diagnosed with cancer they will look at these individuals life style smoking, drinking, use of drugs legal or illigally!! I don’t believe nor feel we will ever be compensated the way we should!! I would be happy after liens and attorney fees to end up with a million, $900, 000-$800,000 or even $600, 000! And also being told by the paralegal in a laughing matter there will be no MILLION DOLLAR pay out!!

    • Bejah B says:

      Barb, And another problem may be that any physician courageous enough to stand up and present compelling evidence regarding cause of death or catastrophic physical harm would be subjected to not just scrutiny and bias by “Big Medicine”, but even the risk of being ostracized or framed by the power elite in medicine resulting in loss of his or her medial license.

      So we tend to be left in the street to bleed to death, so to speak. I expect it will take decades before the truth is proven beyond question. Proving causality may be almost impossible now, but proving a high degree of probability especially where there are no co-morbidities that defendant corporations can hang their pointy little hats on, can probably be achieved far sooner if we are allowed to prove causality beyond a reasonable doubt rather than absolutely. Does this make sense?

      Bejah

  14. Bejah B says:

    Jane, Tried to call, just FYI. Still alive and mad as Hell (My fuel)…just wanted to say “Hi”. 🙂

    Bejah

    PS Heading down the hill to my pal’s house for a “painkiller” (After the drink made on the beach at Virgin Gorda, rum and tropical fruit juices, all natural of course!).

  15. janet says:

    It really does not matter how many cases they are hearing at one time we still are not going to receive enough to take car ed of our medical issues for the rest of our lifes. .

    We will be waiting for these trials to end in another year possibly 2 yrs..

    They are doing the same for Boston scientific cases also

    We are still know where. .and will be for many more years.

    I have been in this since 09 same place

    Will always live with pain even after all the procedures and surgeries

    And more procedures

    we get little and they get off

    So do not think this will be over soon

    My attorneys have advised me it will take another 6,7,8 yrs before any monies come our way if a ny

    • Jane Akre says:

      Please consider a life plan creation… for linda Gross it added $1 million to the value of her case for future medical care. See Page One. Greg Vigna.

      • Still Standing says:

        Bejah. This research was done in Canada so the FDA was not involved and it especially excluded women who had transvaginal mesh, it just looked at women with SUI. And yes, it would probably be a post market surveillance, but it would be published literature because it was not paid for by the device company. Yes, many procedures need to be examined but they have to start somewhere. There is no way they can develop a single study that addreses all the issues. The study would not be valid if they did not have cohorts with similar procedures, thus the SUI. Just remember, it takes a long time to do a scientific study. Im sure there are many going on.around the world. Australia, Britain and Brazil have led the way in the past on research on pelvic pain so there may be research in other countries taking place. These are not published until all the data are analyzed. For this study,it ended in 2012 but was just published this month. Unfortunately, this particular study concluded that mesh for SUI showed a very small % of women experienced complications.and the number of surgeries the doctor performed had a significant difference in outcomes. You are right to suggest co-morbid conditions and im sure those will be teased out.( co-morbid means other medical issues occuring at the same time, such as obesity, diabetes, smoking, etc.) these. conditions have to be identified and controlled in further research. I imagine all of the mesh studies with be retro surveillance because no researcher would implant mesh in large numbers of women in a research design because of the potential risk of harm. I have some research links I will try to send you. However, most scientific journals require a user password. I have access to them, but you may not be able to pull them off the site However, you can usually access the abstracts,which are short descriptions of the study along with conclusions. As to your view of the medical community I just wonder who you would want to lead the scientific research if not the medical community. Engineers were involved in the transvaginal mesh kit design and we know how that turned out..we cant call for FDA intervention if we then call them liars if they form decisions based on research. Good researchers do not have a set agenda to prove. In fact, in research the scientist develops a hypothesis based on observation, then designs the study to prove that their hypotheses is NOT true, called the null hypotheses. Ill try to send you some links this week. I just think that the doctor bashing that occurs is not in our best interest. Yes, there are incompetent doctors for sure, but they all are not evil and greedy just as all the women with mesh complications are not drug seeking hysterical money grabbing fakes. Sweeping disparaging of any group of people is just wrong,especially when it is the group we must rely on to care for us and our daughters and granddaughters.

      • janet says:

        But who does the life plan

    • Bejah B says:

      Thanks for your honesty Janet, and I do hear the sorrow in your “voice”. I think it is important for our community to understand these terrible truths because living with the illusion of pending settlement will only hurt them more and others have stated repeatedly (and that is a good thing) that the probability of Janet’s case, or Kitty’s or anyone’s case going to trial is negligible and if that did happen (and I do believe that most trial lawyers would love to get their hands on the defendants in a court of law) you would probably win but the defendants would then (knee jerk reaction) appeal indefinitely. Sometimes they settle mid trial or as we just saw in the last hour. Hal explored this for us to a meaningful degree.

      All things considered, the most we can hope for is probably a global settlement but that may happen, especially with JnJ, only when they are pinned to the back wall (Alex exit using the left door). Such a settlement will be grossly unfair, profoundly insufficient, and will leave us mute and with our hands tied behind our backs when it comes to addressing the great evil that we have glimpsed in our journey through this HELL.

      We will and we must live our lives as best we can and we will try to put as much of this behind us as we can and gradually the nightmares will subside, if not the pain and depression and deep sorrow. We may never really be able to trust anyone again. But we will laugh again. We will see the daffodils come up in the spring, and see the sun rise and set as the seasons pass. And if we do not feel like putting up a Christmas Tree, if our heart is not in it, we will put up the tree and decorate anyway and our hearts will come (“If you build it they will come” is not just about baseball),

      These corporations have been butchering people for decades and they will continue to do so without remorse, without punishment, without a glimmer of humanity. I thank the FATHER that I do not live in the darkness they do. The extreme Narcissistic Personality (eNPD) does not know there is anything wrong with itself, does not know of its pathological behavior. Like Faust it looks in the mirror and sees what it wants to see. Or like the vampire, it looks into the mirror and sees nothing, is destroyed.

      You may see publicity photos of Alex going to church with his idyllic family (Satan keeps its promises to the faithful) but the kingdom of GOD is within you, not in a building we call church. The strong sense of faith and HIS presence when we are at church is because we are a gathering of HIS faithful. GOD knows who the faithless, the posers are. Such people are empty. No person of faith could do to other human beings what this individual and others like him have done.

      I can not forgive him although I am asked to. I can globally forgive all who have hurt me, that I can do and that is acceptable. What I can do is pray for such people. As people of light we are asked to try to do that, an expression of turning the other cheek I expect.

      Remember to not become to attached to the things of this life, including money. Do not engage with evil. It will leave a shadow on you. Remember that there is a reason it is said that money is the root of all evil. It is not that money itself is evil. Do not focus on the money, the settlement, the “pay back”, the punishment. Let GOD handle that. Let go of it. It is too vast for your little heart to bear. Give it to GOD and turn to your family, your friends, your church, your life and there you will find happiness and peace.

      Bejah

  16. Mary says:

    For Linda: I have had 10 surgeries related to the erosion of a Caldera TVT-O implant in 2005. It eroded into the urethra, bladder and in 2013 it was in the right vaginal wall. This past July, I had to call 911 because of an excruciating pain from my right side which I thought was possibly a hernia. It was the tape from the obturator area which had become loose and caused an abscess which led to cellulitis .I was in one hospital for 6 days becoming septic from this infection when they transferred me to a university hospital for emergency surgery. I was there for another 6 days and had drains in the supra pubic area for a month. The incisions are still draining. During my time off, I obtained all of my medical records.(of course my attorneys also have them) In the previous surgery to remove mesh from the vaginal wall, my uro-gyne mentioned how she tried to reach this piece near the obturator but was unable to. However, she also stated this could be removed by the DaVinci surgery method (robotic). This, to me, brought up a whole separate issue regarding the use of EMRs (electronic medical records). They aren’t being used as they should be, otherwise the first hospital could have pulled my records from the 2013 surgery and seen what was causing the problem. Instead they let me become septic before doing anything. The two hospitals are also part of one system. Duh?
    Anyway, my point was that pieces near the obturator can be removed by the DaVinci method. However, as was mentioned earlier, these pieces can only be detected by a translabial ultrasound. MRIs do not show these. I wish you the best and hope and pray that you “get your day in court” very soon.

    • Linda K says:

      Mary thank you so much for caring about my mesh problems as you know it’s so painful . May God Bless You Mary I’ll keep you in my prayers and please keep me in yours… Please take care always Linda

    • Linda k says:

      Thank you so much for your honesty I feel like we’re fighting a losing battle. Thank you I’ll pray we both get better or at least get some compensation for our pain and suffering… God Bless

  17. Mamohio says:

    Jane I may just try to attend the Cavness trial on Sept 21 because I would like to know how and what kind of tests and drs they used to prove the toxicity and the degradation of the mesh. I believe this is what is happening to myself and others. My drs says there are no tests or ultrasound like translabial sound that they have heard of? I am seeing a very reputable urogynecologist. He is offering to remove my 2 mesh and 10 yrs worth or scar tissue but the risks outweigh the reward. If I could confirm the mesh is not eroding or continuing thru other organs plus blood work that shows it is not oxidizing or causing toxins in my body that would weigh heavily on my decisions. I would really like to go to the trial but health wise I am not sure how long I would last and the 8 hr round trip by myself. Can anyone tell me what kind of drs and tests that can help me without going to WV? Ifnot Jane how long does an average trial last? Not sure if I could make the trip health or money wise? Thanks and God bless my mesh family.

    • Jane Akre says:

      Health comes first. Your doctor says there are no tests or ultrasound like translabial ultrasound that they have heard of? Do they read? Have they attempted to educate themselves on mesh complications? BTW- a machine is virtually useless without a trained expert tech to read them is my understanding…… your doc could call Dr. Raz at UCLA,,, they believe in translabial ultrasound.

  18. Mamohio says:

    Just an FYI to the AMS mesh victims. Please put together a request for the EIF (Extraordinary Injury Fund) they have extended the dates to request addle monies from that fund. I like so many others of you does not have a surgery scheduled before the 2016 deadline to get bumped up in this special masters grid of how much money we should get. They make it sound like if you don’t take what is offered now then it will go to others who filed after the deadline or split up amongst the ones who accepted the offer. It is very sad because after the lawyers get their share, insurance companies who paid for the surgeries and any other liens I could very well receive 0. What a pitiful justice system where everyone who is not injured gets part of the settlement and victims get practically nothing and left with the pain and agony. Please take the time to file your EIF you may get a few dollars more. Very very sad.:( after all this time and wait for what? To be left with a hole and never ever be WHOLE as a woman again.

    • Jane Akre says:

      Can you just refuse to settle. Why would anyone sign away their rights to litigation for nothing in return?

      • Mamohio says:

        I don’t know. But the AMS victims are right. We could possibly get 0 after everyone gets there share. I don’t know why the insurance co should get squat they didn’t file the lawsuit, they aren’t going thru the pain like us. But the lawyers will try to settle with them at a lower cost. To try and get us well the lawyers more money. I did except the measley offer cause then I can apply for EIF. My lawyer did not say there was any extra charges to file. I’m going to anyway. Nothing is ever going to be fair for us victims. We are surrounded by wolves in sheep’s clothing. It is just unimaginable that we have been treated this way.

        • Barb says:

          So your an AMS client as well! How to we file that form?? I too along with other’s wil have t have surgeries past the deadline. All my doctor gas done is put further sugeries in the future they cannot put a date of when. I’m waiting to see if I’m going to be released as I sent an email and this is what it said: What kind of doctors are reviewing our records, has the doctors and special master been made aware of what these woman who have been in court what monies they have been awarded yes on appeal however the juries found these devices defective they were awarded money, they were awarded for not being properly informed, awarded for that, compensated for past/future medical issues, there were so much more and I said I would like to speak to an attorney at this point since I’m not getting answere’s to my questions, I mentioned not being informed about the surgeries covered by AMS, I know there will be no million dollar payout however why cant we have a 400, 000-600,000 award after liens and fee’s, why no monies awarded for pain and suffering them emotionally damage that’s been done ect. I did apologize for venting and said I was not intending to be rude but having my life put in doctors and attorneys hands was scary. I also put if any attorneys wifes gfs or any family member had this done those are the ones who will be getting million dollar payouts!

    • Still Standing says:

      Be sure to clarify with your attorney about the EIF fund. I think you will have to agree to the settlement first then file your appeal for more money. You will be charged for the special masters time….could be a couple of thousand dollars or more that would come out of your settlement amount. Just be informed about the process before your go forward.

    • Still Standing says:

      Ohio. Im so sorry for your physical and emotional pain. I wanted to give youninformation about testing for toxins. Below is a link to one of many places to get tested. Unfortunately, insurance doesn not pay for these types of tests and individually they are quite expensive. Then you will need to figure out what toxins you are screening for and then shell out a fistful,of money for them….in the 100s of $$s per test. Then you would have to argue that the mesh caused the toxicity. This will be different because, unfortunately, we are exposed to toxins everywhere in the environment. It would be hard to prove the link. Even though those of us with mesh can say “of course”, the legal system doesnt have the same frame of reference. Here is the link:

      http://www.healthtestingcenters.com/heavy-metals-testing.aspx

      • Mamohio says:

        Thank you still standing for the link. I am just wondering after reading the Cavness trial all of the medical evidence they are trying to prove like oxidation and degardation of the mesh. Bloodwork showing the toxins. How did they know whatbto test for and where or what kind of Dr knows how to do that? Thanksfor the info maybe it will tell me. Take care.

        • Still Standing says:

          I am assuming that the testing was requested from her attorney since they would have obviously been working up the case for trial. There is a lot more time and money invested in the cases they have chosen to be trial ready as far as medical expert depositions and medical documentation, which of course would be taken from your final settlement $$. I dont know how they determined what toxins they were looking for but maybe your attorney could request that information from her attorneys. Then it would be an issue of if your attorney is willing to put up that kind of money for the testing. I personally would not do it independent of you law firm because they may not want to argue that angle for your particular case. Does that make sense? Then they would have to find and pay for an expert willing to say your test results of toxicity were directly related to the mesh. Would be a tough call. It would certainly be worth asking your attorney what they think and would make more sense if your case goes to trial. It will not change anything if you have been offered a settlement that is based on injury tiers. Hope this helps. Be good to your SELF this weekend.

      • Mamohio says:

        Thanks @ stillstanding but I did not see any tests for polypropolene. Plastic? Only metals and other things. Thanks anyway

      • Bejah Blue says:

        Still Standing, I just visited the testing center for heavy metals, etc. Very interesting and generally not as costly as I expected. Thanks so much for sharing this. I hope many of us visited the link, very valuable potential resource. Perhaps when thinking about proving causality we might hang our collective hat on something like patterns or clusters…so much work to be done. But it seems we should be doing this collectively and not on a case by case basis. May I assume these testing centers report to the infamous FDA. I know many have sent samples of explanted mesh to labs in Canada but there seems to be little reported back on the findings nor am I sure where to look for that data or if it is accessible to us. I have run into the problem of access to only abstracts and it is very frustrating. I have often responded by appealing to the publisher and they have often made the full papers available to me for personal use which is very kind and recently I have noticed that opening up a little more. The publishers are not unsympathetic to our situation as victims. Thanks again for all your contributions. I believe it means a lot to all of us. In answer to your question about who should conduct studies if not the medical community…I would just hope that we take great care to analyze the backgrounds, past associations and affiliations with manufacturers to a greater degree than has been the case in the past. That I guess brings us to the question of who is going to fund such studies and I am not sure what the answer is but I expect we can find a reasonable alternative to in effect asking the fox to guard the hen house.

        Bejah

    • Barb says:

      I’m with you on the people getting compensated who do not have injuries!! They should not get a penny. There cases should be thrown out as far as I’m concerned they are probably the ones who are getting the lower offer’s however they will walk away with more money due to no conditions no surgeries ect!! That money should be put towards those who are seriously injured, several surgeries, life time of injuries…………talk about injustice!!

      • Bejah Blue says:

        Barb, How do we know that people who have been implanted will not begin to become symptomatic later, even years later? What will happen to them then? There are so many unknowns. I believe the manufacturers should be required to compensate us all. Perhaps for those who are not symptomatic now a fund should be set aside for them to draw on later if and when they do become symptomatic. Let us not forget our humanity.

        Bejah

        • Barb says:

          I agreee Bejah however those that have only one device with no injuries are only getting $9,000. Without proper noting in doctors notes stating that there maybe surgeries down the road caused by mesh when many is still unknown?

  19. need to know says:

    I just got dump by my law firm because I refused to take a physical settlement( no money for me just for the lawyers and insurance company). AMS is not offering anything for us just enough to make sure the lawyers and insurance companies get well paid. I was not even getting anything for my unpaid medical bills. They told me to set up a go fund me page to pay the medical bills. How can these lawyers get away with this? By the time they get there 40% and fees plus 5%court cost plus insurance liens ( implant surgery and revision surgeries) There is nothing left for the victim. What is the point in accepting a settlement that pays you nothing.

    • Jane Akre says:

      Very good question. Apparently there is no point at all. Could you please message me the name of your law firm. I don’t believe they can do that. janeakre@meshnewsdesk.com and the name of a contact point there. Thank you.

      • msm says:

        Judge Goodwin thinks AMS is the only defendant “cooperating” and working to resolve cases. Does he know what “resolve” means to AMS?

        I also wonder how many cases listed under MDL 2325 as “closed” actually have been “settled” and signed by the plaintiffs. Are they just “closing” cases on the MDL documents and actually sticking them in some “inactive” or other trash grouping.

        How many have NEVER spoken to any attorney with the firm you hired? I will bet it is the majority. Just curious…. And mad!

        • Barb says:

          MSM,,,,,,,,,I think they are so called closing all AMS cases because they are trying to settle out!! I think the attorney;s feel ALL will be taking the settlements no matter what the offer is!! Whomever it is tells me that IF we don’t take the offer and she went on and on about why its in our best interest to settle!! I too feel pressured! First I was told if we didn’t take the offer we could have the attorney go back and see about more compensation if we felt it was not a fair $!! However now things I’m being told is just the opposite and if we want more money then it will start all over and I would be put at the bottom of the pile even if we add something new to our case!! Just can’t win, still at the darn mercy of the manufacturer’s attorneys ect! I have never spoken to any attorney from the Texas firm nor the Florida Firm………..

          • Jane Akre says:

            Inexcusable not to have a conversation with you!!!!! The law firm that is…..

          • Bejah Blue says:

            Sorry I am late reading this Barb, but wondered if this individual who spoke to you was an attorney and what her name was? Always get it in writing, all of it. I’ll bet she would have refused or made excuses. Did you ask her if she was with the law firm or a sub contractor hired by them? Always turn the tables with such people and began asking them questions, even say “Do you mind if I record our conversation?”. They will probably hang up. I would then call the law firm and demand to talk with the attorney handling your case , get his name as well, and confirm that he or she was aware of and approved of what was said to you. Sounds like they are not only trying to pressure you, but trying to intimidate and frighten you. I suspect that is not exactly legal and is certainly unbecoming and reportable to the state attorney general. Hope things are a little better now….

            Bejah

        • Bejah Blue says:

          If it is any comfort I have talked to the attorney assigned to my case regularly, she answers my email almost immediately always, even in the evenings and on weekends and we talk about all sorts of things and have become friends. She is always available and BTW is with one of the biggest and most respected law firms in the nation (in NYC). Also, they are not charging me anywhere near 40%. There are good attorneys out there, and honorable ones.

          Bejah

    • Barb says:

      So you got your letter listing injuries assos with mesh, the number of surgeries, life time injuries. Before sending your letter back with signature you have been told 0 dollars and they fired you why???

      • Bejah B says:

        Barb, How horrible for you…I can’t imagine how I would have felt. It would probably have rendered me a pile of dust. Somehow for me it is not surprising. Once many people or organizations (or boyfriends) think you have no value for them or insufficient value they dump you. In a situation like this, and maybe especially if it is a firm with limited resources, they may have kept only the cases they felt they could “finance”…so why take so many in the first place? Maybe because that is the way they (and sorry but it seems mostly men) do this. Look at how many of us have been deserted by our husbands. Maybe you can find a more worthy lawfirm. Try to find an advisor and mentor to review your “list” first, disect it and enhance it. Maybe you were too honest, too forthcoming with information that is not central but which the defense could try to exploit in some way. Assume there is nothing they would not do to hurt you. Many communities have volunteer attorneys and even some law schools and courts have attorneys available to help you in some way. Never give up.

        Bejah

        I was going to post a quote from the Bible I came across this morning. The other day I was shopping at a local church thrift shop and the girl who checked me out noticed I took a couple of complimentary free booklets. She asked me if I had ever read one about GOD’s armor. I had not and knew nothing of that. She had given hers to a friend. I looked it up and found a lot of material which I am going to explore. But this quote made me think of all of us. Maybe it will help you. God bless…

        The Armor of God

        “Finally, my brethren, be strong in the Lord and in the power of His might. Put on the whole armor of God, that you may be able to stand against the wiles of the devil. For we do not wrestle against flesh and blood, but against principalities, against powers, against the rulers of the darkness of this age, against spiritual hosts of wickedness in the heavenly places. Therefore take up the whole armor of God, that you may be able to withstand in the evil day, and having done all, to stand. Stand therefore, having girded your waist with truth, having put on the breastplate of righteousness, and having shod your feet with the preparation of the gospel of peace; above all, taking the shield of faith with which you will be able to quench all the fiery darts of the wicked one. And take the helmet of salvation, and the sword of the Spirit, which is the word of God; praying always with all prayer and supplication in the Spirit, being watchful to this end with all perseverance and supplication for all the saints.”

        –Ephesians 6:10-18.

    • Barb says:

      need to know, I thought our first original implant surgery wasent being considered?? I was told only compensated for revision surgeries?? Am I wrong or are my attorneys??

    • need to know says:

      Just got email from my lawyer soon to be ex-lawyer. I withdrew from the settlement but AMS will not release me for six months because they are sure I will accept their offer of nothing, after lawyer and insurance companies take it all. This is not justice for the life they have taken from me. Do not sign your rights away without full disclosure of the disbursement of the settlement. They are hiding this behind the lien search having to be done only after you sign away your rights. Lien searches should have already been done. lawyers are not stupid they know exactly what liens are on your case. That is how AMS knows how to offer just enough for the lawyers and liens to be settled and nothing left for future medical or current medical expenses. They are counting on a bunch of brainless hysterical women to be gullible enough to sign away their rights before they have full disbursement disclosure of the settlement. Take the number they are offering and subtract 40% for lawyers, 10% for fees, initial implant surgery cost, revision surgery cost and any unpaid medical bills. What is left is what you are getting guarantee it will not be enough to cover current or future medical expenses. We are looking at a life time of pain and infections.

      • Jane Akre says:

        Good for you to just say NO! Why sign your rights away for nothing…..thank you for sharing. I believe Dr. Vigna (also a lawyer) will take opt out cases… see his ad on Mesh News Desk.

    • Bejah B says:

      Dear Still Standing, Thanks very very much. I will read every one. I even figured out that I needed a filing system for this “Project” so I can create something of all this data…maybe it will help someone with more experience in research of this kind, maybe something was missed, and at the very least it may help me and some of us to understand all of this more. I will want to send a draft to Jane when I have something that seems remotely respectable. Perhaps she could then send it to you for review if it seems at all worthwhile and you could then clean it up and do something more with it if you think it has merit. Thanks again.

      Bejah

  20. kitty says:

    Why is my comment awaiting while the rat keeps implanting?

  21. karen says:

    So if jnj candy jar is funded only 1 billion a year . 200 cases going to trail a years puts us at 5million . That leaves 3 million and we need a 1 millions for the life treatment plan . 2 million for me and my family because I had a career this amount leave me short 400 thousands . Not truly knowing what to do for pain . Inside and out under and above my mind how this pain is untreatable. I just wanted to do the math of my retirement on the life I will live . Work like a slave make the correct amount , now suffer like a slave in pain with a fund shortage . I need 25 million dollars just like Alex Gorsey .

  22. no way says:

    “I just got dump by my law firm because I refused to take a physical settlement( no money for me just for the lawyers and insurance company). AMS is not offering anything for us just enough to make sure the lawyers and insurance companies get well paid. I was not even getting anything for my unpaid medical bills. They told me to set up a go fund me page to pay the medical bills. How can these lawyers get away with this? By the time they get there 40% and fees plus 5%court cost plus insurance liens ( implant surgery and revision surgeries) There is nothing left for the victim. What is the point in accepting a settlement that pays you nothing.”

    _________________________________________________________________

    Since you have been dismissed, you are no longer under gag order. Who is the law firm that did this to you? Public interest has a right ti know.

  23. no way says:

    Has anyone actually set up a Go Fund Me Page? From what I read on other forums, the mesh companies were harassing victims who did start a fund, using interns and other people to write nasty comments, and to post hurtful messages in hopes of embarrassing the victim so much, they would take down their go find me request. I have no knowledge if this is true or not, third party information.

  24. no way says:

    Well, I lost my hearing. Gone. I got sick three months ago, could not get well, I went to tons of doctors, still sick. No one took a real interest in me. Just one more infection to contend with. Had shot in ear. Hurt so bad, didn’t work. Tube in ear, while awake, never ever again. The pain unbearable. Pain after, unbearable.

    Still can’t hear, still hurts so bad, still have drainage. Scared I might have a tumor in the skull. All of it started with mesh and the after effects. The particles coming from the mesh are poison. Why is that so hard for doctors to understand?

    Women have sensitive immune systems. We were not build to have toxic fishing lines inserted in our bodies.

    The money situation is dire. Never did I think something like this could happen to me. My family and I, including my 86 year old mom and older brother, we are hungry. Not enough money to go around. I am drowning in debt. I can’t work. Food Banks are a joke. My friend went there and they gave her an old half eaten Papa John’s Pizza. This is a true story. She sat down in the floor right there and cried. Don’t know where all the money goes that is collected to stop hunger, but the people who need it, don’t always get it.

    My family and I have spent so much money on me for doctors, tests, surgeries, meds, and there is no more money to pull from. We all thought by now there would be an agreement among all parties. More sick women are going to die. if anyone has access to President Obama, this would be the right time to gain his attention. Maybe he will listen to the victims. We need help.

  25. roxie says:

    Can anyone tell me if Caldera is in settlement talks? I’ve been waiting 5 years. My attorneys tell me they are and it could take up to a year. Can’t afford to get any surgery, Can’t get any real answers?

  26. Bejah B says:

    I just noticed that the mesh in the images accompanying this article are the same blue as the blue of the bracelet offered fo support of mesh injured by their own people. Can we change the color…maybe purple which is a healing color next production run? Why did the manufacturer select blue rather than some more appropriate color like puce or black? This evening I find myself in a dark place and my pain medication does not seem to be working very well anymore…time to ask (why do I feel like I am begging, why do I have to ask, why is it so hard?) for stronger pain medicine. If they suggest I tap the place between my thumb and forefinger I think I will drive off a cliff (CBT sucks). I feel I could shift into suicidal ideation in a heartbeat and do not know why, no definitive singular answer, so I called a friend and she talked me through it. I am OK again. This is what all of you should consider doing if you find yourself faltering. I called my psychiatrist Friday and asked that he give an opinion on taking Trazadone twice a day until I can find or refill my Cymbalta. I was in trouble. He never called me back. I guess he was anxious to get off for the weekend or maybe he forgot. That is how important my life is. My pharmacy is far more responsive thank Heaven. Do not forget your pharmacist is an M.D. and can be an important ally.

    Bejah

    • Barb says:

      My dear BEJAH, so glad you reached ouT!! I too have had thoughts of suicide for a week now, horrible feeling, however I have and just keep thinking how selfish it would be to my children!! So glad your better! Your so strong, beautiful wise, I’m have a feeling that once and if these settlements happen there will be woman committing suicide for all the pain, anguish, sufferring, knowing these chemicals could and will at some point do the work!! It;s already effected my liver, at least that what my doctor said for there was no other explanation waiting on new results! I also find myself bruising easily just with a small hit on the wall very odd! We must remain a society together and pray. I feel worse now then I did after my surgery July 17 I really thought it would help. My bladder is screaming everyday, sui increased pelvic pain increase the next surgery hysterectomy great!! Hang in there sweet lady!!!

    • MAMOHIO says:

      Black was offered to Bejah, they were just out of stock. That is why it is turquoise blue anyway not the color of the mesh blue. It is a beautiful and unique braclet. I love mine.

    • MAMOHIO says:

      Bejah and anyone else out there, Trazadone I believe had an FDA bulletin. It may have been tramadol. Not sure I deleted the email. EVERYONE SHOULD SIGN UP FOR THE FDA BULLETINS. I spent 2 days in the hospital back I Jan and then in Feb I got an email from the FDA that the injection I use for migranes (ketorolac) was contaminated. It also gave all the serial numbers or lot numbers of medications that were affected. I had one box of 30 that was contaminated and one vial missing. That was the vial that I used to inject myself for a migrane the day before and I got deathly sick and hospitalized. I contacted The Pharma Co. to pay my measley $1000 co-pay for my hospital visit. I sent one vial back for them to analyze and they said it was not contaminated and would not pay my medical bills. I told them they were pathetic and to take the $1000 they saved their company and buy pizza for everyone ON ME!

  27. Mamohio says:

    For AMS victims the more surgeries you have had the more money in the bracket they formed. I am not sure who works with the Special Master but seems like just having an AMS mesh you get the same as a woman with AMS and pain and suffering but no surgeries. Like me they are saying my first mesh that eroded caused my problems not AMS mesh. So I am in the same bracket because I choose not to have any more surgeries until they stop using mesh. Why go in and risk the complications? I have 10 yrs of scar tissue wrapped around both mesh. The Dr says the translabial will not pick up the mesh but she will give me a physical each year to feel around the the mesh to make sure it is still under wraps of scar tissue. Women do not have more surgeries unless your mesh is realitively new or 2 yrs old. The scar tissue is not so thick they have more succcess. Unless you are dying and it is the last resort. My opinion. Your insurance co and lawyers will just get more and you may be worse. Its a gamble. I want to have drs who are more experienced with a track record of positive outcomes. As far as filing for the Extraordinary Injury fund. You should have your Dr opinion that Ianthe future you will prob need surgery, maybe not scheduked at this point, losses incurred, wages savings, 401k or IRA money that you had to use, taxes on that, pin and suffering, marriage consortium, etc. The lawyers are putting mine together I have to do it myself and send to the special master for review by I think Mar 2016. We coukd very well end with zero and my understanding is that you have to accept the settlement offered before requesting EIF funds but you need to document everything, meds, fuel costs, etc. You still may not get anything. My attorney nor did the agreement says filing for this is Extra costs. I would suggest you do this if you accept the piddly offer. Its just a suggestion to you all. Take care!

  28. Mamohio says:

    The AMS settlement was a wake up call. Even if. J &J settles it will be so piddly like the AMS we will be even more broke and suffering. Thoughts of even 100,000 is pathetic after everyone gets their share of our pain. I think we really need to come out fighting here and now not wait until they agree to a settle divided with so many women worldwide and class action suits who filed after the deadline. We need to start rallying now! We need to come out in droves to our capitol body’s, trials, write to Every daytime or nighttime news or talk shows. I have asked before for women esp in Ohio to join me for a rally in Columbus. Gov Kasich is running for President! This is election time and our time to be heard! I will ask again for the women in Ohio who want to stand up contact me. Say yes to this post I will do the rest just show up! Ladies, election time is the the time to make our point. At least try. You will be crying the blues, believe we wont get million dollar settlements. So quit hoping and start rallying. I will see your replies and will further contact you thru Jane.

    • Jane Akre says:

      Hi Mam-

      I actually prefer you have contact points among the mesh injured community… MAM for example. I’m not mesh injured and this is just a publication. Glad to provide the place for exchange but there are many wonderful, leaders in this community who should be the point of rallying… I will help in whatever way I can. ~ja

    • Barb says:

      Here’s a slam in the face!! Talked to the paralegal I had several questions she answered are you ready for this for who has AMS???

      We are not entitled to anything that woman are receiving in court!! There are categories that include tiers keep in mind tier 1 is the most injuried in each category!

      Category 1-Implant only $9, 000

      Category 2-$20, 000-$40, 000

      Category 3-1 surgery-$80, 000=$125, 000

      Category 4-2 revisions or more- $185, 000-$300,000

      Keep in mind these are with no injuries and the injuries have to state mesh caused!!These amounts are not with any injuries associated with mesh! My surgery as of Juy 17, 2015 will not be included in the settement I have to file a paper for more money! Filing an EIF does not cost more money to us that’s what she said!! As of 4 days ago they stopped doing 1 letter sent fr injury verification they have decided to send that letter in the packet that includes the figure, If we dont agree to the amount we can have it sent to the special master for reconsideration of more money and other options!! So when I go to my doctor tommorrow I’m going to ask if all my injuries are associated to the mesh………………so much stress

      • Jane Akre says:

        Tier One is generally the least injured…. either no surgeries or minimal… just FYI

        • Barb says:

          Sorry Jane then the paralegal told me wrong info!!

          What do you think about these offer’s?? I’m extremely upset!! Then I have no idea what they are going to award me for the recent surgery with 5 procedures………..would have been nice to be told there was a deadline for surgeries, I knew there was for putting in claims! Wonder if they will be taking money out of that also???

          • MAMOHIO says:

            I am with ya on this one! The AMS settlements are pathetic. Yes it’s true my attorney told me I could end up with $0 after everyone got their share first. The payments will be made in 3 separate checks. Hmmmmmm 1. $0 2. $0 3. $0. Hell the stamps to send the checks is worth more than my potential settlement. They will not be out until well mine wont until after the first of the year. Why? They said I forgot to sign a paper and put a copy of my drivers license in the packet. I’m not the only one who didn’t see that info either. I am very thourough and did not miss anything but whatever. I had to settle to file my Extraordinary Injury Fund in which you need to do yourself, send certified mail by Mar 2016, and no it does cost anything to file but the attorneys will get their share along with the insurance companies. So again prob a goose egg but I am going to try. I am also taking Jane’s advice to have Greg Vigna help me if he is not too expensive. I’m already in the hole so I don’t any money to pay him. Not sure how that will work out but I am going to talk to him about a life plan and that’s what you may need to do also.

          • Jane Akre says:

            I would strongly encourage anyone who is going to throw away their rights forever to seek justice to give that serious thought. Once the papers are signed. It’s done.

      • Barb says:

        I also wanted to add they did not request my driver’s license nor medicare card@@@

  29. matt says:

    David Matthews of Matthews & Associates is the lead attorney in the Cavness v. Ethicon case set to start this week.

  30. Bejah Blue says:

    Just read all of this about AMS…shameful, shocking. It sounds like we are talking about a car accident not human lives and bodies being desecrated by clearly horrific devices that have been proven over and over to be so damaging they should have been banned years ago. All of these women need to have some place safe to go for good counsel on how to handle this. What about Dr. VIgna? Jane is right, never sign anything under duress and if you do not feel you can resist, then under your name write “Signed under duress” and that will help render the document worthless to those who would harm you. It just never ends this attacking the wounded, blaming the victim…it is all too horrible. Still you who are affected by this must think clearly and be very careful about decision making. Please consult someone who you can trust and who is knowlegable. I’ll bet most of your doctors will not want to be involved, drawn in to this and will not support you so do not count on them. Try to go to specialists or the experts Jane has identified if you can. Those of us who are not involved in this debacle with this manufacturer should pay attention and take careful notes. It is all likely to get uglier. Those with the deepest wounds so often need to be the strongest, something most mothers understand well.

    Bejah

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