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Mesh Medical Device News Desk, January 2018~ 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 six years now. The goal is to raise the profile on the horrendous complications associated with polypropylene mesh used both for hernia and pelvic organ repair.

The medical establishment continues to reject that notion, even though there are thousand of injured consumers around the globe!  The disconnect is astonishing, especially as we talk publicly these days about sexual assault and are in the process of outing perpetrators.

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.

Here is our Rate Sheet for 2018!

Please do not use your real names in the Comment section 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.

The larger 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.

There are 104,749 product liability lawsuits filed in Judge Goodwin’s court alone. The MDL never imagined cases would swell to this number. There have been no new cases added in any MDL in this court since November 2017!  

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)? See that story here.

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

97 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.

    • Anon says:

      Advocate for whom? Sounds more like a mole

    • Time for Truth says:

      If the reality is you could not possible take to trial your 300 cases, then why take 300 cases? When a client signs your 40%, do you say my docket is so full or getting full I’ll never in reality be able to take each case to trial or I plan to sign up 300 or more and you are just number 13 right now? So your 40% is not reasonable at time of contract. Reality is…perhaps the settlements are only meeting the percentagsbecause the clients are the ones treated like hostages in the settlement and certainly not the lawyers for being asked to take a lesser fee. Perhaps the clients get told lies to sign or are strong armed into signing because if not they will be dropped. Also there are factors taken into account for what is considered a reasonable attorney fee and what a lawyer may know at the time of contract that a client would not matters, so the amount of work an attorney does will factor into whether the fee is considered reasonable. Just some other facts left out that should be considered in your statement. Happy Thanksgiving to all.

      • Advocate says:

        Time… your post brings to light some additional questions that are very good and deserve to be addressed. The idea of promising to go to trial was the false impression I was addressing. The shear number of cases make that unreasonable. Additionally, the deserved percentage being charged based on perceived work. Still, I think your question does help shed some more light on how the system works so let me trudge down that path.
        First, no firm that I’m aware of, says definitively to a client that they are only taking X number of cases. Maybe they should, but it would take far more space than this column, to explain how and why the firms choose their number of case limits. Many times it’s based on the difficulty of the case and certainly the cost to the firm to obtain the cases.
        Unfortunately, this is still a math problem. I’ll use round numbers to make the process smoother. Let’s start with how many attorneys exist who are true “litigation” attorneys. There are estimated to be 93,000 personal injury attorneys in the US. Maybe 15% of these attorneys would be considered Personal Injury Litigation attorneys. So that number is 14,000. They are not the advertisers you see in the typical commercial saying “In a wreck, get a check” TV spots. Litigation is not the skill set of all or even most attorneys. (In fact, there are national surveys that say trials are in the decline across the country and have been since as early as 2012.) That means they never see the inside of a courtroom for trial. Many of these attorneys associate in someone from that 15% to handle cases that are actually set for trial. There is a number of those outside of the 15% that “dabble” in trial, although many wouldn’t admit that’s the word they practice…ego you know.
        So there’s 105,000 cases and 14,000 attorneys standing around waiting to go to trial, right? If they all split the cases, they would have about 8 cases each. That’s a whole years worth of nothing but trials. Working nothing else but Mesh and generating no income for overhead expenses. That’s not to mention their cost to prepare for trial, ranging from $50K to $100k per case, depending on the complexity of the tort and the number of depositions required, etc. So those 14,000 attorneys would need between $400K and $800k of their own (Firms) money to get to trial. By the way, no guarantee they will win, since juries can do the strangest things.
        Sorry Time, but here’s the truth… there’s nothing close to 14,000 attorneys who are capable and willing to take these cases on. For a host of reasons, that number might not be larger than 5,000 attorneys. That’s my guess. At our biggest conferences that cover these types of cases, turnouts occasionally hit 1,000 members. Jane has attended and seen first hand the numbers. And frankly, they are virtually the same faces every time. I’ll stand by my 5,000 number and not be surprised that the real life figure could be lower.
        So now we’re talking about 21 cases per attorney and 3 years of continuous litigation and a cost of 1 to 2 MILLION dollars out of the attorneys (firms) pocket to get the docket to trial, to hope they can recover for you, a fair settlement. How they made a living during that 3 year period isn’t even addressed. I think you can begin to understand why some attorneys (firms) have more cases than others. They could afford them, but it doesn’t change the strategy of getting the defendants to settle without trial.
        Frankly, the sciences of the torts drives many attorneys to not get involved, even if they might have money and space for the cases. Client difficulty is another component. I have seen really good damage cases that would never get near the courtroom because the client was so dislikable. Even though that disposition might be justifiable, they feared a jury would penalize them. The nature of some of the injured is “when I tell my story in front of that jury they’ll hear and recognize my truth and punish those sob’s.” Anger on the stand, seldom works and some of the injured can’t contain themselves.
        To your point of settlements, I’d never say that no one was pressured, but I think few can make that claim honestly. Therefore, I think the settlements represent the majority recognizing the situation for what it is. My definition of damned if we do and damned if we don’t.
        Reasonable attorney fees was your last issue. Understand that if a contract ends up in front of an arbitration, unless the fee percentage exceeds the usual and customary percentages seen in PI work (I.E. 40% or less), the bar is set against the client. I’ve probably seen no more than a handful of contract losses over the years and in almost all of those cases the fees exceeded 40%. There were a few bar sanctions for failure to do minimum work standard of representation, but those most often were not tort litigation attorneys either. So going to battle attorneys for their contract percentages in front of the courts representatives … in my perspective equals throwing money away. Perhaps you know of a case or two where the specifics of what an attorney did as “work” factored into the decision? I’m always interested in case facts over personal beliefs and you might very well be correct in what your personal experiences have been.
        I’m not here to sit in judgment, but I also dislike false narratives and misinformation. I don’t think it’s healthy for anyone to close their eyes to the reality of how things are, good or bad, and pursue their own truth. I appreciate Jane and her defense above, when called out as a mole. That’s what happens when you don’t like the message of the messenger. I realize that the injured like Anon, have been wronged in many ways. I take the slights less personally because of that. Perhaps you are part of these injured Time, and I do hope that there is an equable resolution for you in your near future.
        Take care as best you can…

        • Jane Akre says:

          Thank you Advocate- always good to hear from you.

          I have one question- In any circumstance is it okay for the law firm to walk away with more money than the injured? You thoughts……

          • Advocate says:

            That’s a crafty question Jane! Good thing you know I’m not a PC person! The answer is a simple NO. There’s still a but to that.
            I’ll assume your definition of more money takes into account the services obtained on behalf of the client. On the surface, 40% should never be a larger check than 60%, except when the 60% is also responsible for the repayment of loans, liens and other outstanding services received by the client or realized as a benefit by the client.
            I’m not comfortable with the idea, nor do I know of others who are comfortable with a check bigger than the client’s check, when none of that other stuff exists.
            Here’s how I look at the settlement sheet. I’ll use $100,000 as the settlement number. Attorney takes 40K and client gets 60K. Client owes $1,000 in fee’s and another $1,000 in litigation expenses for a total of $2,000. The client took a personal loan against proceeds for $10,000 that has grown in interest payoff to$13,000. There were medical reimbursements that totaled another $18,000. So from the clients $60,000 there is a subtraction of $33,000. Client gets a check for $27,000. Did the client get less than the attorney? No… the loan proceeds and medical reimbursement are direct benefits received by the client. Without those services rendered, the check would have been $58,000 and attorney was still $40,000. The attorney didn’t take out the loan nor did they get the medical care.
            That’s how the perception that attorneys checks are larger happens. Most attorneys will attempt to negotiate down the loan and the medicals to put more into the clients check, but those entities are not obligated to reduce those payments. Some attorneys will even take some of their percentage and reduce as a way to get the client a bit more. That’s a personal decision.
            But the simple answer is, again, 40 is never more than 60.

          • Jane Akre says:

            So we agree…. good to know.

            40% for a settlement negotiation? Really? Shouldn’t that be reserved for the heavy listing of a trial? Wouldn’t 33.3% be more appropriate for a settlement? And the pressure that is being put on to sign
            “This is all your case is worth..” women are told. Wow. While we’re at it… Caldera. It had insufficient insurance for the products it was implanting… then the litigation with its insurer whittled down $25 million to $12 million. Women got $3-4,000, before legal fees. That’s all there is they were told. If I don’t have enough insurance and I’m in a car wreck, the person I’ve injured can go after me personally. Why cant the Caldera women do the same…?

        • Time for Truth says:

          So as the plaintiff attorneys basically hoard so many cases it is impossible to see them to trial but knowingly “for sure” the easy money coming their way if can get them all coerced into signing a settlement even if it means leaving their ethical standards as an attorney behind. Do you not think the manufacturer attorneys are aware the plaintiffs will not take their mass hoarding of cases to trial and thereby only need to offer measly settlements? They are attorneys too — they know the game. And, please, the save the client money by not filing — you mean more like save the attorney money from not filing the case. For example 300 cases, at $400 filing fee equals $12,000 that could take years to even get that back when a settlement comes. This whole MDL process is not justice but rather a place where victims are further victimized by being held in a type of “case jail” and lied to. The MDL is merely a place where the exchange of money from one evil act to another takes place because both sides are conducting themselves without ever given their patient or client full informed consent.

          • Time for Truth says:

            PS: They don’t want to actually “file” because that would actually cause work to have to be done on the case and then have deadlines to meet and a judge is actually involved or they are held a tiny bit accountable. It is not “saving the client” money, it is saving the attorney time and money and easier to drop the case if they client will not comply later.

          • Advocate says:

            Time,
            You don’t have to like the facts and obviously you don’t. There are not enough hours in a day to satisfy you because the explanations don’t align with the reality that you want to live. I’m truly sorry that I couldn’t do more for you. But it isn’t just you who reads this…right?
            I’m sure you were typing quickly and missed adding that last 0 in your 300 case x $400 example. The correct answer was $120,000 or TEN times more than your mistake. Just an example of accuracy and how important it can be.
            Your feeling about case “collection” is obvious and equally devoid of understanding the explanation of how and why. Perhaps rereading the post will help you understand the lack of the available legal entities, qualified and willing to take on these cases and frankly, clients like yourself.
            So from all of the information that was posted, you came away with the conclusion that attorneys hoard cases because it makes for easy money and and filing cases requires them to do work and be accountable to judges. A clear example that either, you didn’t read it carefully, didn’t understand what was written or you just chose to ignore a narrative that didn’t match yours.
            Normally, I wouldn’t post a strong sentiment like this, because you’re a person suffering from pain and you lack a functioning knowledge of factual expertise. But you need the truth. You’ve never been an attorney. You’ve never been part of the litigation of a trial and the strategy of such. You have no idea what kind of commitment of time, money, personal sacrifice, an attorney or firm or the people necessary to support one, goes through. You call them out for their profiteering ways as you see it, but never stop asking where’s yours.
            That’s right you’re the injured. Like that fact could ever be forgotten. I mean after all, it’s not like there are another 105,000 just like you. No, you’re unique, special. It’s just the people working on yours and those other 105,000 injured cases, that are all the same money grubbing, lazy scoffers soaking up your version of justice.
            At no point, in anything I have ever posted, have I suggested that all is fair and just. That doesn’t change what the facts are. You don’t have to like my facts but you don’t get to make up your own either. You have a duty to your fellow injured to help ferret truth, to share experiences that might offer comfort or direction. You don’t get a free pass on impugning the credibility of those who do what you don’t do. Maybe I’ve seen too many posts calling out those trying to help, calling out the best legal system in the world, even with all of its flaws.
            I’ll chose at this moment, to believe that your emotions, attitudes and irrational lashing out, is based on the personal nature of the injured. It’s a shining example again, as to why some can’t be near a witness stand. Yet, the profession is compelled to allow it, even against our best advice.
            Since nothing I can present to you Time, will help you and the alternative lane that you live in, I would beg you to consider those “other” readers who do need the information.

          • Time for Truth says:

            Wow in a condescending manner “attack and attempt to belittle the injured” … must have gotten that “strategy” straight from the defendants’ attorneys’ playbook as that’s certainly what they attempt to do to victims. You certainly are making a lot of assumptions about me that you have absolutely no idea of the facts in my life or my firsthand experience or background. You say I am a “shining example” as to why “some” can’t be near a witness stand? Hmmmm….I’ve been called as a witness on the stand several times after being appointed by a judge to advocate for the best interest of abused and neglected children in the foster system. I can conduct myself just fine on the witness stand. It is pretty darn simple . . . speak the truth.
            I stand by each statement I have made and completely agree with your statement that I have a “duty to ferret truth, to share experiences that might offer comfort or direction” and that “other” readers need the information. This is exactly what I was trying to do but you do not like the truth of my experience.
            You are absolutely right I have no idea what kind of commitment of time, money, personal sacrifice an attorney or their firm goes through (but if you can’t even file a case for $400 that is not a lot of commitment of time or money) but you are right, I am not an attorney. But, I can say this, you have absolutely no idea what it is like to have a piece of toxic plastic rotting inside your female organs and claws left embedded within your pelvic muscle tissue as it cannot be removed? Do you know what it feels to then find out what is inside you should have never been used in a human body and that the people behind all this KNEW that and did it anyway and just concealed that information? Do you then know what it feels like to reach a point after years where you should get some type of closure and maybe a small attempt to restore some of the lost parts of your life but only to find out you were lied to again by those who were supposed to be on your side, who, more or less, did the same thing by concealing information about the reality of a MDL by leaving out information they would have known.
            I reread your statement of the true trial attorneys versus those that “dabble” in it and those not at all and some of your hypothetical numbers and, let me ask you this – what if what you described were doctors and patients rather than attorneys and clients. For example, let’s say there are 5000 doctors who call themselves surgeons but only really about 1000 actually operate in the operating room, the others just “dabble” in it and as many as at least 3000 do not do surgeries at all but they ALL sure do sign up patients who think they are going to the operating room with a competent surgeon one day, however, they NEVER go the operating room, they will just stay in the waiting room in another state because there are so many needing this operation but none of these doctors will tell their patients this information when they are signing their consent for surgery. When time comes for the anticipated surgery, that patient is then told, sorry there is just too many needing this surgery (although that was our brilliant strategy to sign up as many as we could). However, I will charge you as though I did the surgery and even give the hospital a big chunk of the money because, after all, I would have had to use their equipment for the surgery, and, look, here is a Band aid for you to cover the place that needed surgery, now go be happy! What would attorneys advise these patients that were knowingly lied to by their so-called surgeon and just left in the waiting room in another state and then given a band-aid as the ONLY option? You certainly would not call it the “best medical system in the world” now would you? You might call these type of surgeons “money grubbing, lazy scoffers” soaking up your version of healthcare.

          • Jane Akre says:

            I hope we can be civil to one another. We dont always have to agree….. thank you.

  15. Caroline says:

    I have a Coloplast implant and represented by Motley Rice. I finally got an update from a paralegal a couple days ago stating that they have reached the 95% required threshold and that they are waiting on the $ to come into the office to start disbursing. I was told that I should have a timeline on when I should receive my settlement by mid-end of this month. I am plain and simple just tired of fighting and I assume this is what they do – exhaust people until they just say whatever I’ll take it to end the madness. It seems like so much information is withheld and when I went on the Pacer site I cannot even find my name attached to a case. Confused and tired is what I am.

    • Jane Akre says:

      I’m sorry Caroline….. it is understandable that you are tired of fighting. Send me your case number and I hope we can find you via Pacer…. your case should be filed, but I’ve seen some where they saved the $450 filing fee. janeakre@meshnewsdesk.com PS- EVERYONE should have their case number and look up your case. It’s call the COMPLAINT. Make sure it include EVERYTHING you have gone through and is not missing the number of mesh removals/revisions …that is VERY important!!

      • Advocate says:

        Jane, responding to your previous post on Caldera, ect.

        The 40 % mark in fee’s for the MDL cases, can in part, be due to the attorneys losing 5% to 8% in costs within the MDL requirements. Would the ledger look better if the attorney said I’m only taking 32% but you, as the client, need to pay all contributing fees? Some of those fees can’t be paid directly by the client anyway. So like all commerce, it’s done through price increases.
        To your example of Caldera and car wrecks, they are kinda apples to oranges. Corporations are protected through insurance coverage that is meant in some degree, to protect commerce. You put a company out of business and you also put families out of the ability to provide. We often forget about those people down the food chain that simply go to work to provide for their families.
        In car accidents, there are those who are insured and those who are under insured/not insured at all. If someone is within the latter category, it’s usually because they have nothing to lose. Can’t get blood out of a rock.
        If you have the ability to lose something, you increase your coverage and you protect assets through a personal trust that exempts you from losing those in an accident or other type of litigation. Same principal as the Caldera situation.
        If you are suggesting that management should somehow be personally liable for a corporate action that results in a civil suit, that’s another beast of color. I wouldn’t allow my personal assets to be vulnerable. I’m sure those execs have financial advisers that would see to that as well.

        • Jane Akre says:

          Advocate- they are not losing the 5%, they are asking the client to contribute the 5% in addition to 40%…..!!!

          • Advocate says:

            Jane,
            I’m 100% confident when I make this statement, that the number of firms passing along the 5% to the clients is insanely small. I know far more firms who chose to pay the whole 5% than those who paid none. Most, probably 98 %, split the charge as they always do in the torts. Although this tort did not spell out those separations, the 4% is considered a fee and paid by the attorney and the 1% is treated as a cost and paid by the client. Not saying there are some that did it differently, just want to dispel the notion that the 5% was routinely passed to the client as your post indicated.

          • Jane Akre says:

            Good to hear.

    • WV Girl says:

      My mom was offered a settlement a couple of months ago; she too is represented by Motley & Rice. She is part of the lawsuit going on in WV that was supposed to go to trial back in March but never did. It’s a shame the money she was offered, pennies. By the time everyone gets their share she will be lucky to walk away with $2000. She has suffered for years, had multiple mesh surgeries and due to scar tissue she will have several more. She keeps a UTI, cannot live a normal life. Even going to the grocery store is a task for her. My dad is in his 80’s and he takes care of her on a day to day basis. He now has resumed all household duties my mom would normally have done. When talking to her lawyers, they only tell her that it is in her best interest to settle. This really disappoints me to hear her “lawyers” tell her this after working with her for several years. My mother is 78 years young she has raised six daughters and everyone of us believe that she deserves more and has asked her not to settle. She has her rights and she will get her day in court. Like my mother said “if nothing comes of this for me, at least it might help someone in the future.”

      • Jane Akre says:

        Yes, that is not enough for anything….. has she signed? She will forever foreclose her rights to any future claim if she does.

        • WV Girl says:

          Thank you for allowing me to vent. No my mother has not taken the settlement we (her) girls(6) have asked her not to sign it. You are right it gives all rights away for any future medical procedures. It is not right, these attorneys have worked with my mother for the past few years (2013) lead her to believe there is justice and the bottom line is, there isn’t. It makes me so sad to see her suffer. A representative from Motley & Rice keeps calling her wanting her to settle. I am sure this is a 3rd party person trying to collect on their behalf and we aren’t having it. They told her that “it’s the best we can do.” Like I said before, everyone has their day in court and why settle for beans when she has nothing to lose. I say we get our day in court 🙂

          • Jane Akre says:

            Seriously, there is very little any law firm can do when the defendant offers beans…….Their hands are tied,,, blood from a rock..

            Are you sure your firm will take you to trial?

          • Advocate says:

            Motley Rice is one of the most respected firms working the settlements. Their numbers have consistently been at the top of the compensation. When you say your mother only gets a couple thousand after everyone get’s theirs, who is everyone? Are you talking about repayment of medicals and other fee’s or just the costs going to attorneys?
            If Motley says that’s all, it’s likely that’s all. I know if they felt this were a case that needed trial for fair value, they wouldn’t be pushing the settlement. You are leaving out some large, important information. Did your mom have a pre-settlement loan? Will they have a large hold back for past medicals? Did she have qualifying surgeries based on guidelines for her manufacturer?
            Motley won’t be out of these cases anytime soon and they are a litigation firm with heavy trial experience. That should tell you something, if they are saying take the settlement and no, there is no third party calling on their behalf to get her to sign.
            I don’t think you fully understand the issue of trial. If Motley isn’t going to take it there, it will be next to impossible to find another who will. A potential firm would have to be willing to put 6 figures into the litigation and hope to come up with substantially more than what has been offered. I don’t want to be the wet blanket, because this has nothing to do with what your mother deserves, but the deck is stacked against her ever seeing a courtroom.
            My unsolicited opinion, is for you to speak with the firm and ask them the questions again. Why the value that has been assigned to your mom’s case. Why they feel trial wouldn’t be a successful alternative. Be clear about those things that are reducing your mothers share of proceeds. I know you think there is nothing to lose but there is neither a certainty of getting a trial or winning, even if you did. Your mom is with a really good firm and your mom is paying for their legal advice. Make sure you have listened carefully.
            Wishing your mom and all of you supporting her, the best!

  16. Caroline says:

    WV Girl, I am so sorry to hear about your mom’s drastic change in quality of life. It just seems totally unfair what they are offering her and I don’t understand why if she’s had revisions her offer isn’t much larger. Motley Rice should be able to negotiate something better for her considering the circumstances. I thought those with revisions were in a higher tier than those with product in place claims. Does that make sense to you Jane?

  17. Meshie says:

    Are the bellweather trials over? I thought they were the guidelines for settlements… This is not happening why?

    • Jane Akre says:

      They were the guidelines and that is supposed to lead to settlements, but if the defendant either refuses to settle or offers piddly settlements…. what can the judge do? He promised neither side would be happy. He was right.

      • Time for Truth says:

        If you know the plaintiffs have no intention or means to take their hundreds of “collection” of cases to trial, of course they would offer only a pidley settlement. Also, shouldn’t blame the judge, it more lies with “the panel” and lead attorneys that cases are not remanded.

  18. anonymous says:

    This is the most ridiculous situation in American history. These people have maimed and destroyed peoples lives. They offer pennies to people who have nothing left and it’s ok with Judges??? It is true they will stall and stall until people have no choice but to sign the agreements. Meanwhile we suffer terrible disabling pain. Our lives will be shortened because of the infections, stress and surgeries we have had to endure. The hope of having some sort of life restored is lost. So we face pain, pills, and surgeries the rest of our lives. And lets not for get the And let’ not forget being ridiculed by doctors. The quality of our lives (at least for some ) is a dark path with little hope given to us by the MDL process. HOW CAN THIS HAPPEN IN THE GREATEST COUNTRY IN THE WORLD? People are so concerned with things that happened to women 30 years ago but it’s ok to destroy their lives today. Years and Years go by with no hope and only pain. Some get Millions and Millions while others are throw bird seed. I was told the cases that went to court would set a guide for what our cases would be worth. That has not happened. Some companies have bragged about settling but in reality they are not. They are dragging this out until more of us die. And this is ok with the Judge???? Some where some place there has to be an attorney that will do right and get their client what they deserve. Yes, even if they have to take less. I just wish someone would take notice of this and do a news piece on it. I think we all have been promised more than we could ever really get back. The sad thing is we have lost more than we can ever get back. From our bodies being mutilated, to our relationships with our spouse and family, to our jobs, homes, friends and the list goes on of what we have lost. We didnt ask for this and now no one cares to make it right. Some where out there, there has to be an attorney who will do the right thing for their client. There has to be an attorney who will fight for us.

    • Jane Akre says:

      Greatest country in the world….. this clip from The Newsroom goes to that….. America is being co-opted by corporations to the point where people either don’t figure into the equation or are a distant second in my opinion. Every aspect of injustice you see has to do with the pursuit of profits over people…Please watch the whole thing…..we used to be the greatest….

      https://www.youtube.com/watch?v=wTjMqda19wk

  19. Caroline says:

    I actually spoke with my attorney after months of calling and either getting his vm or a paralegal. Without actually saying in flat out, he indicated that those who did not accept the settlement offers were basically being given the option to find other representation so that they could meet the 95% required threshold of acceptance. There has got to be other ways to fight for those who are not happy with the settlement offers they received. I am represented by Motley Rice as well and the offer they got me was not what I would have wanted but in my opinion it was fair. It just doesn’t sound like them to say take the offer or go because as Advocate says they are a pretty big and well respected firm. I wish there was more that could be done to help those that would rather go to trial.

    • Jane Akre says:

      Consider Caroline that a trial will not always yield a favorable outcome for the plaintiff…. some have lost after waiting a long time for trial and being subjected to the probing. Going to trial will cost at least $500,000 and guess who pays that!? You do, out of your award. If you win there will be an appeal for years. IF you lose, everyone loses, you get zero…. There needs to be a better way.

  20. Livi says:

    I received my offer from Ethicon and recently received my settlement sheet breakdown to sign and return. I was told I should receive my check shortly. I ended up getting 50% of the offer after all fees and expenses. Im just ready for it to be over. I have two implants and I’ve had 4 revision surgeries. Do I think I should if received more? Yes. However it’s more than I ever thought I would see so I’m taking it. I’m ready for it to be over and to move on with my life the best I can. I guess I look at it differently. My settlement allows me to buy a house for my daughter and grandchildren, a stable home of their own. And that is priceless.

    • Caroline says:

      Good for you Livi,

      I hope they payout very soon – helping your daughter and grandchildren with it is very giving of you. God Bless.

  21. Caroline says:

    Livi,

    I’m curious because I received a settlement breakdown back in December of 2016 from my attorney for my case against Coloplast and still have not received a check yet. I too just want this to be over and done with all of it so I can move on. Just as you I plan to use the money to help my kids and grandkids. I was under the impression that Judge Goodwin wanted the MDL closed by the end of 2017. I know legal issues take time but I just want to be DONE. 🙁

    • Jane Akre says:

      What does your law firm say? Certainly 12 months is enough time to work out the details………

      • Caroline says:

        Jane,

        I’m represented by Motley Rice – last week they told me that I’d hear from them with definitive timeline on when I can expect the check around Christmas. They say that they are just waiting on Coloplast to release the funds. We shall see.

    • Livi says:

      Caroline
      I was told when I signed off on the settlement distribution sheet that the funding should be coming through any day. And once it does my check will be issued immediately. They are withholding 25% because they are haggling with my health insurance company over what they’re entitled to as far as reimbursement.

    • Livi says:

      Caroline
      Was it the settlement offer sheet or the final settlement disbursement sheet that they sent you? From what I understand, the disbursement breakdown sheet isn’t sent to until right before th settlement is funded.

  22. Caroline says:

    Livi,

    It was the settlement offer sheet not the disbursement so unfortunately I probably won’t get the disbursement breakdown until more months from now. It’s so frustrating – can’t understand why it would take 1 full year after the offer to still be stuck in the same spot. I lost so much time from work due to the health issues caused by the mesh and I’m just tired and want to be done with this. Christmas is going to be very bleak for my family because of all the debt I’m in from not being able to work. Thankfully I am back working full time so hopefully the settlement can at least take some of the debt relief from us. Did your attorney call you first or did the disbursement sheet just come in the mail?

    • Livi says:

      insigned th settlement sheet back in August. They called me a few weeks ago and said things were moving quickly and finding should be very soon so they emailed me the disbursement sheet which I signed and emailed back to them. I was told the finding should be in the next few weeks and as soon as it comes in they will issue me my check

  23. LLOVE says:

    I AM JUST WONDERING HAS ANYONE RECEIVED THERE SETTLEMENT CHECK YET AND WHY IS IT TAKING SO LONG FOR THINGS TO HAPPEN WE ARE THE VICTIMS AND THE ONES THAT ARE IN PAIN. AND NO ONE SEEMS TO CARE ABOUT THIS AT ALL.

    • Caroline says:

      LLOVE,

      I am wondering the same thing – all this signing of paperwork and more paperwork is beginning to feel like a smoke screen. Supposedly I’ll have a timeline on when I can expect to get a check around Christmas but we shall see.

  24. Caroline says:

    Motley Rice is contributing 4% of the required 5% to the common benefit fund and per my settlement agreement I will only have to pay 1% so they are in fact absorbing some of the cost from there fee which is good for me.

  25. Livi says:

    So I just received my settlement check. I had to pay the 5% into the common fund. However it was substracted from
    The settlement amount before my attorney’s 40% so I saved a little. I’m just glad it’s all behind me for the most part, other than always dealing with the mesh problems.

  26. Suzy says:

    Dear Jane Akre

    Just need. to vent, I guess…
    My case is with Potts-Law and another
    never ending story but I am now really angry as to the many changeable answers given to me when I call, and I call about every three weeks, same delays, case has been settled with promises to send paperwork that never arrives. now I am referred to another law firm who doesn’t seem to know about my case, and have had a representative from Potts Law state that my settlement amount is too high…was told verbally how much my settlement is however very unprofessional in not discussing the lawyers %, or other fees and just said it will be quite a while longer before we know and I said, know what…if my case has settled,
    when I go to PACER will I get the answers to any of my concerns here?
    thanks much,
    Torn and worn

  27. No justice says:

    I had a mesh surgery 10 years ago and stood up the next day completely incontinent. That’s hard to take at 45 years old. I’m very thankful that I don’t have the pain of others. However, after 4 years, I talked to one woman handling my case. She indicated I would be receiving $20,000 something, clear, after attorney fees etc. She shared with me that I could spend $2,000 for a Special Master to review my case and see about receiving more or I could forgo that and accept the settlement.
    The next thing I know I get a letter offer in the mail of $8500! I’m sure all other costs come out of that! I just cried.
    The letter indicated that because I didn’t have surgeries, I couldn’t be awarded more. Why would I have more surgeries to use more mesh or sling after what I had been through! The letter indicated that a trial would be a waste of time and money, { I understand their point}. The attorneys representative said that at trial it would be argued that the doctor who put in the mesh was responsible.
    I didn’t sue her or the hospital and it’s to late now.
    Sad injustice of the world.

    • Jane Akre says:

      I’m so sorry. I talked to someone today who had no revisions and got a check for $2,700. Now she has had two surgeries and needs a third. Unfortunately her timing did not coincide with the Special Masters. Since she has signed ending her case and it has been dismissed, it appears she has few options. Anyone with ideas, please join in now.

    • Still Standing says:

      That should not have happened. Most law firms DO NOT discuss settlement dollars on the phone. You should have gotten a formal settlement letter stating the settlement amount, what was being withheld as attorney %, case costs, what is being held back (25%) for lien resolution and what your 1st check will be. The second check comes much later after all liens are paid, a year or so after settlement. im wondering if $20,000 was the full amount, then after everything else is paid, you net $8500. Do you know who you talked with at the law firm? You should at least write a letter , not a call or email, to the firm stating what happened. Unfortunately, this wont increase your award if you had no surgeries but you will get to tell that story. It was irresponsible and emotionally distressing to you. That should not have happened. Also, it is my thinking that you cant ask for a special consideration from the Special Master until you have signed your settlement papers. Maybe others have clarification about that. Your attorney should be available to talk through any and every question that you have before you decide to accept or reject it.

  28. Theresa says:

    I just don’t think our insurance should be a part of it. It’s like a contract through work how much they pay for procedures,surgeries or whatever. It’s not our fault it was a bad product, so we are the ones having the trouble, ruined our bodies, they paid for our surgery,it was their responsibility, we are injured have to live with it.

  29. susan says:

    Get in at tv talk shows so this greedy lawyer and manufacturer be expose.

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