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Mesh Medical Device News Desk, November 1, 2017 ~ Welcome to Mesh Medical Device News Desk, your website for news and updates on pelvic and hernia mesh, its implications, complications and outcomes, both medically and legally. 

If you are new to the mesh mess, welcome!  Mesh News Desk (MND) aka MMDND has been covering this issue for more than five years now.

We are not beholden to any influences here, just coverage that is in the public interest. Advertisers or sponsors are clearly labeled. Advertisers are welcome!! I look forward to receiving any essays by you all and your comments are often enlightening and informative.

Please no personal bashing or expletives. Thank you. And please do not use your real names since lawyers have advised most women to keep a low profile online.

This website should not be considered medical or legal advice. Please use the Search Bar  (page one upper right hand corner) to look up any stories from the archives!

Also did you know you can click on the “Heading ie, News, Legal, Medical etc. and find stories filed under that heading?

As you may know, there were so many pelvic mesh cases that multidistrict litigation was formed (MDL) in January 2012 in Charleston, WV to handle all of the cases. There are now man more pelvic mesh cases filed in California and New Jersey. The numbers continue to expand as doctors continue to use transvaginal polypropylene (PP) mesh to treat incontinence and even for pelvic organ prolapse.

POP mesh has been reclassified as “high risk” so patients should understand even the Food and Drug Administration hesitates to recommend it as a first-line therapy.

If your doctor suggests a “hammock” or “tape” might be a good solution, understand that is PP “mesh” with upward of a 30% complication rate. Most women writing on these pages say it is the worst decision of their life. Admittedly, these are the patients who did not do well, others do okay, at least for time being.  No one knows what the long-term consequences will be.

Know what questions to ask your doctor (here) and find out if he/she can harvest a “sling” from your own body.

As 2017 comes to a close many of you are waiting to hear about your settlements.  Have you been offered one without a final number?  Do you write checks and let the recipient fill in the amount?  Please insist on knowing what your final settlement dollars will be. Know how to fire your attorney if need be (here).   See which manufacturers are settling cases  (here).

As of today – there are 104,749 product liability lawsuits filed in Judge Goodwin’s court alone. The MDL never imagined cases would swell to this number. More are added every month! 

Dr. Robert Bendavid, Shouldice Clinic, Toronto

If you have hernia mesh, it is made of the same polypropylene and some law firms are starting to take these cases seriously.  Stay tuned as MND plans more on the latest hernia mesh litigation efforts. Dr. Robert Bendavid graciously answers questions for MND readers. Write him here.  

Lawyers are presently seeking clients who have complications from C-Qur hernia mesh as well as Physiomesh by Ethicon, but MND gets calls from people implanted with Prolite, UltraPro and Kugel who are also having problems.  Perhaps it is the polypropylene(PP)?

Stay well and learn from each other.  Lawyers – call your clients and or run a PR release through Mesh News Desk so many could have the benefit of seeing it at the same time. How’s that for a win-win!

Please feel free to share you experience on these pages, and if you choose, your donations would help offset the costs involved with this effort. Thank you. akre-1-300

Stay well friends,

Jane Akre, Editor

MND

42 Comments

  1. Victim Forever says:

    You are awesome Jane…Please know you’re efforts to keep us in the know are so appreciated..I’m sorry I can’t contribute monetarily due to being on a fixed income and still awaiting the outcome of my MDL..I pray for all who are unnecessarily suffering from this mesh mess..I also pray for you as you give us the truth in these various trials. Please keep up the great job..Thanksgiving is around the corner..I am thankful for advocates like you.

    • Jane Akre says:

      That’s very nice of you. I appreciate it and absolutely encourage you to hold onto your money when you are on a fixed income. I will figure it out. It keeps me going to hear from folks, so thank you!

  2. Bejah Blue says:

    Hi, still here. Frontier has been very tolerant…not suspending me yet. I called them yesterday to say I can not pay yet and still they have not pulled the plug. I just wanted to say that I am totally digging the purple heart graphic. I say we should adopt that as our official symbolic thingamajig. We need something unifying. What say you people? We talked about this once but nothing happened so far as I can tell. We, as a population, seem to be like several little city states at times. We need to unite in some way. This is not high school clique time and lets face it…girls can get clique-ey! Love to all, happy Thanksgiving. Yesterday we splurged and went to a fabulous Japanese restaurant for an early dinner. It was heavenly. The only thing better would have been some warm Sake too! We still have much to be thankful for. Bejah

  3. Tom The hubby says:

    Why has the WVCourt MDL info for Ethicon mesh pto’s, etc. now forbidding access and shut down to the public? I have accessed it literally for years to keep up on my wife’s case.

  4. Bejah Blue says:

    I do not understand. If there are still cases out there how can sites that provide data on them be shut down and why? Why are there multiple sites and do we know that paths to them so we can all go check. Bejah

  5. M says:

    I would like to know if the purple ad in this newsletter could be put onto a t-shirt. I know that I would purchase one and I’m sure other’s may too.

  6. Kitty says:

    Most of us have been scammed. The attorys are getting rich off of us. 2002…illegal plastic traps with no hope of any thing…but pain and disabilities. Too bad I can’t have surgery to tear my guts out…that might give me 20k disgusting money grubbing gutter sniped.

    • Jane Akre says:

      Kitty- The lawyers who have taken the cases to trial are very hard working and from what I’ve observed fight like dogs for their clients. I have observed it myself first hand. I urge you to sit in one of these trials and I bet you would come to the same conclusion. Yes, many, in fact most, have not taken cases to trial. I can’t speak for how hard they have worked.

  7. Kitty says:

    October 2007..OBG MANAGEMENT …this is a news letter. Dr Barbara Levy. She was involved in a discussion with DRs Lucente Harris Miller Davita Culligan and RN Witte te: the use of synthetic vs native repair. Thru out the discussion she asked mostly rhetorical questions. She made few statements…one statement she did make: “I also evaluate tissue by exploring the patient history. Women with tissue defects and collagen genetic abnormalities often have had umbilical or inguinal hernias. In addition to the factors discussed, I look for external signs of poor tissue quality. For example is her face aging?” Mind you…this is coming from a beautiful young looking blonde. Many factors in facial appearance…high end cosmetics vs Walgreens brand. You think?

  8. Disgusted says:

    Lol. Thank you Kitty! You got me to smile. Laughter is good medicine.
    Yes, that’s the problem. Oh, wait . . . Everyone tells me I look a lot younger than I am. I buy the cheapest stuff I can find. I have gained 15 lbs in the last 8 years. That must be the problem. I’m now 145 (5′ 5″). I never smoked and I don’t drink (alcoholic parents)- that’s it . . . what caused the mesh to go bad in me.
    It couldn’t be that it shrank. I mean it worked well for over a year, and then over the summer it kept getting tighter and tighter. It was so painful! The doc tells me if she cuts it, the pain will stop. But a good chance I’ll leak again. I practically yelled at her “who cares? STOP THIS PAIN” We’re talking 12 out of 10 pain. Does incontinence matter anymore when you’re in so much pain? To me, it seems as though all the Dr.s look at is dryness for quality of life. IDIOTS. Now my life is gone. Well yes, I exist. Technically not gone. Way different. I went from 47 to 80 in a matter of months. I missed my golden 50’s.

    Ok, I do enjoy some things. Since the interstim I can sit long enough to eat out. I can entertain my 2 year old grandson. He cracked me up today. He was down for a nap and looking to stall the process. Finally leave him, he starts screaming maybe 10 mins later. I walk in and ask him what’s the problem. He says “I slept well”. One can’t fool an 80 year old. Lol

  9. Tom the Hubby says:

    Re: ethicon MDL site- the link that I used for years now says “access forbidden”. But I saw a link you shared with someone with the same issue and that link works. So problem solved. By the way, shame on the husbands out there that have left their wives over this issue. 43 years with my soulmate and counting. I am by her side 100% no matter what. Can’t imagine adding that kind of emotional pain to women already burdened with unbelievable physical and emotional pain. Come on men, support your partner no matter what! Isn’t it what you’d expect if the situation was turn around?

    • Jane Akre says:

      What a great guy you are. Other men? Speak up now. You are not alone! I’d like to see the link you previously used. It appears the website has undergone a redesign of sorts.

    • Disgusted says:

      Good for you! My husband has been by my side for 36 years and he feels the same way. I thank God for men of integrity. Not many out there. My view on life has grown bleaker. So much pain, sorrow, just with ordinary life, but to add to it with indifference . . . Haven’t got the words.

  10. tiredofwaiting says:

    Ok, now I am scared….I just received settlement paperwork and I am anticipating getting screwed. What worries me is the long term. I know they are NOT going to account for future medical and it really bothers me.

    • Jane Akre says:

      Please get a FINAL number, not some guestimate. Please negotiate down from 40% since you were not prepped for trial. Please ask the law firm to pay the 5% common benefit fund…..no extra “expenses”…. get a list of what they are….. some consumer tips to up your settlement dollars…..

      • tired of waiting says:

        Jane, what do you mean by a final number? Are you talking about the bottom line, the amount you walk away with?

        • tired of waiting says:

          Do you mean if my contract with the law firm and the 40% since I didn’t go to trial? I have no idea what would be a reasonable percentage.

          • Jane Akre says:

            Throwing out 30% with the fallback compromise if 33.3% which is standard. Unless you were worked up for trial which is very labor intensive, it seems fair. I’m not a lawyer and I’m sure any attorneys reading this are cringing. Anyone want to weigh in?

        • Jane Akre says:

          Yes the absolutely final number that will be reflected on your check, not a “before we subtract any outstanding items” sort of promise which leaves a lot of wiggle room.

  11. Anna D says:

    Once again, I come to the Mesh NewsDesk with another question that I feel, is
    important to ask…
    Since I have no ‘real answers yet’ only that my Pelvic mesh case is in final phase of settlement, then in a few weeks later, it will possibly be several more months…
    No reason given…
    I also have now emerged into the pits of hades, as my work has basically ceased, as I am not able to work like past due to anxiety and mild to extreme pelvic pain from a desk job need to seek some resources…with the possible consideration from the Temporary HoldBack Fund that is in control by the Special Master..
    Would you have any information on
    this fund …I have had no response in my attempt to be considered.
    Thanks again Jane, if you have time to answer, if not, not a problem, you are still just wonderful
    the best to you
    Anna D

    • Jane Akre says:

      Anna- I wish your lawyers were talking to you……. maddening and quite unprofessional in my opinion. The holdback fund is forfuture injuries down the road is my understanding. You know Im not a lawyer….. Since mesh is still being put into women it is likely there will be future product liability claims. Here is a settlement reached with AMS early on. page 10 sort of explains settlements but it doesn’t say anything about a holdback as I could find….. maybe you can find it. Again, squeaky wheel with your lawyers…. or lawyers= post a sponsored column here to explain these things!!!!!!

      https://www.sec.gov/Archives/edgar/data/1100962/000110096213000038/ex10144meshsettlementagree.htm

  12. Waiting for Justice says:

    Jane,

    Judge Goodwin made the statement a good while ago that he wanted these cases wrapped up by the end of this year if my memory serves me correctly. Why are things still moving along at a snails pace in the MDL? I just don’t understand. I hope you have an answer. Thank you!

    • Jane Akre says:

      You are right…earlier this year..all I can say is settlements gave been very slow…and many are refusing. If they don’t get 95% to agree then what?

      • tiredofwaiting says:

        So, let them come at me with an amount, then tell the attorney that I want to only give them 30% rather than 40% and I want them to pay the 5%. Makes sense.

        • Jane Akre says:

          They don’t get paid if you don’t so in a weird way you hold some cards here.

          • Advocate says:

            Sorry Jane, but that’s misleading. Where in the world did you get the idea, that because the attorney hasn’t been paid yet, that there’s an invitation to reduce fees and even worse, the client somehow holds a power card? The client signs a contract, an agreement, that says they are paying a specific percentage for the services rendered.
            To insinuate that there is a negotiation after the services are rendered, is completely wrong and infers something that is not in the contract. The client agreed to pay the percentage and should expect to pay it…period.
            Now there are attorneys who, of their own volition, choose to help a client with a subsequent reduction of the fees, but that is a personal choice and not a standard obligation. Anyone wanting to destroy goodwill with your firm, go ahead and tell them you want to re-negotiate.
            To quote a popular TV commercial…That’s not how it works, that’s not how any of this works.

          • Jane Akre says:

            Hi Advocate- Please consider that the entree to entice women to sign was something like “This is a million dollar case.” The promises were definitely that they would go to trial. That turns out not to be true. Some cases were never even filed. How much heavy lifting is involved in NOT filing a case and lining them up for settlement? 40% worth? No that should be reserved for the cases where the lawyer worked like a dog to ready the case for a jury. Sorry but this non-lawyer disagrees with your reasoning. Yes a contract is generally a contract, until the basis for the agreement changes. Just my opinion…

  13. Stopmeshimplants says:

    Jane,
    With all the news releases of women being sexually harassed wouldn’t you think people would want to know what happened to all of us. We were maimed, laughed at, turned over to other physicians, lied to, lost our careers, lost our homes, and left to suffer with pain the rest of our lives.
    Please tell me how we are different from those other women who have also suffered from such pain, degrading and humiliating circumstances?
    I cannot comprehend why our stories will not be shared in the mainstream news outlets. Someone please help me to understand.

    • Jane Akre says:

      You are so right, Humiliated- Check. Accosted in your private parts? – Check. Denial?- Check. Refuse to be accountable?- Check…..There is no difference except you may have a lifetime of pain and a device that can’t be removed. A woman accosted by a superior may never get the job she wanted or enter the field she desired…

  14. Advocate says:

    Hey Jane,
    There wasn’t a reply button so I’m starting new here. I realize what I’m about to post is going to be akin to starting an avalanche, but knowing the facts has to be more important than how it makes one feel or if it’s counter to ones opinion.
    Let’s start with this… I think all the injured have been wronged in many ways. By medicine, by corporations and yes, even the justice system in degrees.
    Still, there are facts and then there are opinions. Let’s clear up a few of the opinions first. I keep seeing this post that many women are not accepting the offers. FACT: Not one settlement offer has failed to reach it’s agreed upon participation percentage. Thus, every agreement, that I’m aware of, has proceeded to disbursement. Doesn’t mean there were not those who dissented, but not large enough in numbers to derail the settlement offer.
    Opinion: The attorney told me I have a million dollar case. Fact: Some less scrupulous attorneys said that. Also factual is, the injured hearing what they want to hear and not what was said. Between those two things, we arrive at this juncture of promises that were or were not real. MY OPINION…this is a minority not majority.
    Next Opinion: Cases are not filed and as such, show less work has been done, therefore deserve less in fees. Fact: Filing a case has absolutely nothing to do with the work on the case. NOT FILING a case is often preferred, because it saves on fees and if trial is unlikely, then those fees are unnecessary. Filing a case is a matter of strategy, not work avoidance. There is a proper time to file a case, but again, trial preparation has nothing to do with a case filed.
    Opinion: My case was supposed to go to trial, that’s the agreement I signed. Fact: There was never an agreement to “go” to trial. A willingness if necessary, but no promise. This factoid needs to be looked at even closer. We know that the trials have lasted not less than two weeks. I’ll forgo all of the weeks of trial prep and jump straight to the court room. With each case lasting two weeks in front of a jury, basic math says, if I drop everything else in my life, I can do 26 trials a year, non-stop. I have 100 cases, so I will work for (rounded) 4 years to get through my docket. The reality is… I can’t do 26 cases a year, maybe not even half that and I have 300 cases not 100. So my docket just jumped to 23 years of litigation. Do you now understand why there was no promise of trial?
    The only way out of this is to arrive at mass settlements.
    Opinion: A contract is generally a contract, until the basis of the agreement changes. FACT: The contract is still THE contract unless terms and conditions are agreed upon by both parties, at which time a new contract will then supersede the old one. To not have mutual agreement, that terms and conditions are changed, means a party must sue for breech of said contract.
    Last but not least…Opinion: I’ll just choose not to sign off on my offer and the attorney will be required to negotiate with me. FACT: There is a legal procedure that moves this type of ploy before the courts to decide. It’s costly but the courts will decide who gets what and why, based on how the contract reads and the surrounding circumstances. It doesn’t usually end well for the client. You can’t hold the lawyer hostage. This is different from turning down an initial offer. This is only in cases where an offer was accepted and then a dispute arises.
    I know you have your heart in the right place Jane and the injured here, are not always clear of thought or have much exposure to how this really works. As a non-lawyer you have a right to your feelings and opinions. Of that, there is no dispute. Maybe I’m just very cautious about how things are said because I see everyday, how they are misconstrued and then do damage to the client attorney relationship.
    Peace and love to all and I hope everyone has a Happy Thanksgiving.

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