West Virginia Woman Hopes to Go It Alone in Mesh Case Against J&J

//West Virginia Woman Hopes to Go It Alone in Mesh Case Against J&J

West Virginia Woman Hopes to Go It Alone in Mesh Case Against J&J

Mary Dickson

Mesh Medical Device News Desk, April 24, 2018 ~ You may have wondered what ever happened to Mary Dixon, the woman who was fighting for her late mother, attempting to take her wrongful death case against mesh maker Ethicon forward in federal court in Charleston, WV?

On April 18, Judge Goodwin, overseeing mesh litigation in West Virginia, lifted a stay on the case. See it here: Dickson v Ethicon stay lifted,  April 18 2018.   Mary may proceed Pro Se, that is, without an attorney or, “on one’s own behalf.” 

But Mary is not a lawyer and needs help to move forward.  Judge Goodwin has encouraged her to find a law firm to prove her mother, Veda Mae Smith, died from unrelenting infections from two Ethicon meshes- the TVT Blue and TVT-O.  

See Part One of her story here.

The good news is that Mary Dickson has her mesh case in Wave 7 in the Ethicon MDL before Judge Joseph Goodwin. Dickson v Ethicon, No. 2:15-cv-02800.

It and 150 others are set for trial in May 15, 2018, in this transvaginal mesh multidistrict litigation (MDL) which is slowly being whittled down from a high of 104,000 plaintiffs against seven mesh manufacturers.   See PTO_269 Setting Wave 7 for trial May 2018  

Vada Mae Smith died September 13, 2016. She was 73 years old. The cause of death was multisystem failure and interstitial cystitis, an untreatable bladder infection that was resistant to antibiotics.  Vada had undergone so many blood transfusions that her blood type could no longer be matched.

Mary is today conferring with the State Attorney of Greenbrier County, West Virginia to explore what went wrong – why was Vada implanted with a TVT Blue before it was even cleared by the FDA for market,  why was the case dropped by two law firms who knew it was set for trial but didn’t inform Mary, and why was autopsy evidence in the  case sent to third parties and by whom?

And Mary is still seeking representation to take her civil case forward.

Vada Mae Smith

Vada, 2 sons, 5 great-grandchildren

Vada suffered in and out of nursing homes and hospice for about 15 years with this problem after the implantation of a TVT (Tension-free vaginal tape) Blue in 2001 and a TVT-O in 2006, both made by Ethicon, a division of Johnson & Johnson.

Vada Mae Smith and grandchildren

Vada never knew what was causing her problems until she saw the ads on television, a not-so-uncommon revelation to many women who have been implanted with transvaginal mesh without their knowledge.

“I think that’s what I have,” she informed her daughters, Mary and Ruth, (now deceased). Vada did not understand, nor had she been told she had been implanted with two polypropylene medical devices to treat incontinence and pelvic organ prolapse.

For many years the daughter tried to have doctors identify her pain, the reason her legs collapsed, the reason the infections and a bad smell were unrelenting. There were no answers.

The surgeries she did have, to spot weld her urethra, for vaginal reconstruction and to have an interstim implanted, no one found the mesh.

But Mary collected more than 3,000 pages of her mother’s medical history and located the time, doctor and date of the two implants.

Mary found two law firms to represent her.

She insisted they revise the complaint to include new information she found including:

Vada Mae and Zayden

  • A second mesh had been implanted, the TVT-O, and Mary wanted it added to the complaint.
  • Mary also found two hospice referrals with UTI (urinary tract infections) that were antibiotic resistant and she thought it was very important information a jury should hear.

The original complaint did not contain the additional surgery Vada underwent in September 2002 to fix her prolapse, two hospice recommendations that can be considered a cause of death; the 20 transfusions to address mysterious rectal and vaginal bleeding, transfusions that made her blood type difficult to match; and the fact that antibiotics could no longer address her chronic UTI’s.

“All I wanted for them to do was revise the complaint to have the additional information I found,” she says to MND today.

One lawyer told her he would amend the complaint if Mary prepared a chronology, she says.

Mary parted ways with her lawyers.

She plans to take the case of personal injury, wrongful and defective design forward as a Pro Se litigant.  and with a lift on the stay by Judge Goodwin, she can, though Judge Goodwin warns,

“Nevertheless, the court still wishes to make abundantly clear that it strongly advises the plaintiff against continuing in this action without counsel. Although every person has the right to self-representation, experience informs me that even the most earnest of Pro se litigants struggle to advance his or her interests in court appropriately. “

Mary, Vada Mae and Ruth

Pro Se Litigant

As a Pro Se litigant, Mary recently received 15,000 documents from the Marker Group, which retrieves documents preparing for litigation.

Johnson & Johnson lawyers have taken notice.

The implanting doctor, Dr. Lassere, had been set for deposition by J&J last November. Mary wants to be alerted to the new date.   She wants to depose the doctor who did Veda’s autopsy who found the mesh. The scar tissue was so dense he could barely retrieve the remnants, but it was there.

Ethicon’s representative, Dr Juan Felix, was present at Vada’s autopsy and even took custody of some slides and cuts. He is represented by Butler Snow, one of many law firms representing Ethicon.

Some of the autopsy results ended up with Biomet, which designed and markets medical devices. Mary doesn’t know why and her lawyer denied that happened even though she has emails from the firm proving Biomet was involved.

Mary and her sons Charlie, Steven

Mary will have to prove the TVT-Blue was defective in design, that Ethicon was using it before it received FDA clearance and that the TVT-O is also defectively designed and that Ethicon breached its warranty to users.

She has to prove there was an alternative design available. She has to prove that the meshes implanted in her mother caused her death, and that J&J destroyed documents that were not supposed to be destroyed and were on a litigation hold for use in transvaginal mesh cases.

It will cost money to fly in experts, who will want to be paid. Many have already appeared in other trials and can be introduced on videotape.

A tall order for a woman who graduated high school and used to work as a bartender.

“The mesh is still being implanted by J&J more will suffer because of it. I can’t see just being discouraged from telling the truth. That’s what the court system is for. 

“I promised my mom I would tell it. She asked me to file the lawsuit. I knew nothing about mesh.  She was told it was bladder lift.  A new type of bladder lift, it was a mini-lift. She never had informed consent and never signed any papers.”    ###

 

LEARN MORE:

Dickson Doc #48 emails back and forth now part of her case before Judge Goodwin  

See a court Q and A on Pro Se Litigation
http://www.mad.uscourts.gov/general/pdf/prosefaqs.pdf

Wikipedia
https://en.wikipedia.org/wiki/Pro_se_legal_representation_in_the_United_States

Read Veda Mae’s Story here, Part One
https://www.meshmedicaldevicenewsdesk.com/daughter-fighting-late-mothers-pelvic-mesh-case/

By | 2018-05-03T16:25:50+00:00 April 24th, 2018|News|40 Comments

About the Author:

I’m National News Editor, Jane Akre and I began Mesh Medical Device News Desk aka Mesh News Desk (MND) in the summer of 2011 just after the Food and Drug Administration issued an explicit warning to the public that complications associated with surgical mesh used for prolapse repair (POP) and incontinence (SUI) are NOT rare! That was the starting point for the litigation you see today and thousands of lawsuits have been filed by women whose lives have been altered, some permanently, by the use of this petroleum-based product.

40 Comments

  1. heather January 30, 2018 at 7:14 pm - Reply

    My prayers are with you Mary. Stay strong! You can do anything!

  2. Sianne January 30, 2018 at 9:03 pm - Reply

    My prayers are with you and the justice that needs to be served for all mesh victims. Your mom is guiding you each step of the way. You are a special daughter to continue her fight.

    • Kitty January 30, 2018 at 11:29 pm - Reply

      You are very brave Mary. I wish u well. If both meshs were J and J it will be easier.

  3. Daniee S January 30, 2018 at 10:58 pm - Reply

    I will keep you in my prqyers. David fighting against the giant Goliath.

  4. Bill January 31, 2018 at 7:20 am - Reply

    May the God of Heaven and of earth be with you Mary Dickson! HE defends the unjust! “I keep my eyes always on the Lord . With him at my right hand, I will not be shaken.”(Psalm 16:8 NIV) I will be praying with you for your VICTORY!!! ⬆????????????????????????????????????

  5. Still Standing January 31, 2018 at 4:40 pm - Reply

    Best of luck, Mary. I have a general question. Why should the judge withhold the filing fee in this case just because it is pro se. will Mary have to pay into the common fund of the MDL? If not, will her potential settlement be charged for the depositions that were done on behalf of other plaintiffs who were represented by an attorney. I wonder these things, because if these financial waivers come with being pro se, I cant imagine why many other would not want to go this route.

    • Jane Akre February 1, 2018 at 2:06 pm - Reply

      Perhaps many others will want to go this route?

      • Erma February 5, 2018 at 12:56 am - Reply

        I’ve been suffering since 2006 Prolift…2007 TVT-O and TVT-S.

        Lost my job and so much more.

        Settlement offer left me with $0 after lawyer fees and medical expenses.

        Alot of our mesh sisters left in same boat. No justice for victims.

        Johnson and Johnson has no remorse about us “throw way” women.

        Other countries have government support. JnJ did more than rape us.

        We lost our before mesh lives because of mesh.

        Look at the sexual harassment in Hollywood. Our voice needs to be heard. Unfortunately is not in USA like other countries.

        Criminals holding hands….political and pharmaceutical.

        My settlem

      • Anon April 24, 2018 at 7:17 pm - Reply

        Really Jane!…You know as well as most do that pursuing this litigation against this pharmaceutical giant Pro Se amounts to litigation suicide. J J Ethicon have the most competent, ruthless, meanest attorneys that money can buy.

        • Jane Akre April 24, 2018 at 8:49 pm - Reply

          She is looking for legal help, the fact that two law firms dropped their representation does not help in finding a new lawyer.

    • Anon February 1, 2018 at 5:52 pm - Reply

      Be Careful!

    • Mary February 2, 2018 at 11:34 am - Reply

      Hi StillStanding…
      I will be 100% honest with you.
      This is the most difficult thing I have had to do in my life.
      I have only begun and the paperwork and court procedures are time consuming and tedious at best.
      I am not rich and live paycheck to paycheck, and this case is with me every day. It has been very emotional to read thousands of records, in detail, and begin to process the depth of my Mother’s suffering.
      She had donated her body to a local facility and signed the paperwork, 4 years before she died, because the Physicians had no answers of what was wrong with her, and she was loosing her ability to walk.
      She said numerous times, “No one should ever have to feel like me.”
      Her promise to donate, could not happen, because her body was so infected, and she had Sepsis.
      I know attorneys tell their clients to remain silent, and I completely understand the premise of “representation”
      I made a promise to my Mom to help others for her sake.
      I have no secrets to hide back, or use for leverage in a settlement.
      I am following my instincts, and the truth should never be prevented. I may never see the Courtroom-but if 1 person reads about my Mom, and finds a moment of strength, or courage, or motivation…
      Yeah! That’s the way we learn. That’s the way we prevent harmful people and products from harming our family and friends.
      Moms wish has been fulfilled on the pages of a StrongWoman, that knows what it’s like to “Do the Right Thing”….
      Stay Tuned! I promise to let you all know what’s next!!!

      • Mary February 2, 2018 at 11:37 am - Reply

        The StrongWoman…
        That would be Jane!!! Forsure!!

    • Advocate February 3, 2018 at 6:08 pm - Reply

      SS, those documents taken under the authority and protected by the MDL are only accessible by participating in the MDL. The depositions are not available to non participates as it would be unfair to those who put out the expense, not to mention the expertise of the questioning and science of the deposition. Can you imagine what questions you should ask in a deposition of this nature? the questions you ask your expert witness and those you ask their experts? If you don’t understand the science of the injury, the technical aspect of the implant, you have zero chance of making your case.
      This is why pro se is better suited for small claims courts or less technical torts, but this is neither.
      The odds of success were higher for David facing Goliath. J and J knows it, the judge knows it. The rules are the same for everyone and there are no shortcuts or do overs or tilting of the field towards those representing themselves. There’s reasons why doctors don’t work on themselves and attorneys hire other attorneys to represent them when faced with litigation. Knowing how the system works is important.
      If telling ones story is the real desire, there are far less stressful and financially painful ways of doing that. I think it’s the least effective way. Litigation is about money, the story is secondary for all sides. But you already knew that.

      • Jane Akre February 4, 2018 at 10:27 pm - Reply

        The key to a deposition is to lay the groundwork step by step. (I’ve prepared 70 of them so I have some direct experience)… You must listen to the answers of the person being deposed and step by step lay the groundwork. It’s an interesting process. BTW I was deposed for two weeks by attorneys for Fox (News Corp) Do you think they might have been trying to whittle down our budget for lawyers??? noo…..

      • Mary February 5, 2018 at 10:07 am - Reply

        Dear Advocate,
        I always appreciate your expertise and advice.
        Simply because I’m not educated in law, doesn’t mean I’m illiterate. I am familiar with depositions, and I lived those 15 years going to one ER, after another, and hospitals all over the state…
        You learn quite a bit in hospitals, and speaking with hundreds of Drs.
        I began looking for an attorney 2014 for my Mom. I supplied the evidence, and have been involved since my Mom died, in Sept.2016. My attorney wanted to add a firm and change our contract, and I had no choice but sign it, or find another lawyer.
        I tried to find another lawyer, but I’m sure you know how impossible that can be, when you are already represented. I signed a contract that raised their% and prevented me from suing anyone involved-and kept the case locked in the MDL.
        When I recieved the new Complaint, it was exactly like the first one, and the only thing listed was the original device. Mother had 2 OR Reports for Implants;
        TVTBlueSystem
        TVTO
        Her 1st Device was implanted inside her in 2001, and it had not even recieved 510k clearance to market until 71 days AFTER. My Mother also had 2 Hospice Referrals both consistent with Mesh Symptoms.
        When I requested her complaint be amended with all Records referring to the above facts, I was told to do a new chronology myself, and they would consider amending it. I was refused a meeting with the 2nd firm 3x.
        I asked them to fire me, and if I was to continue doing all the work, I would do it myself.
        Upon receiving records from my original firm, I found emails revealing my Mother’s autopsy slides and recuts had been passed along to a Dr in CA, and a Medical Device Company called Biomet.
        I have been through the loss of my Mom and my sister in the past 2 years, and had to beg and plead with attorneys to simply present facts! With records to prove them!!
        I was pushed in a corner and I came out of that corner.
        My experience has taught me many things.
        I didn’t weigh myself down with all the regulations, and rules. I began, one step at a time. I know and experienced every issue my Mom lived. I supplied ALL facts.
        I don’t have my eye on the outcome or money, because I’m concentrating on 1 step at a time.
        I am very much aware of who I want to depose, and what I intend to ask.
        I have provided J&J with everything they have requested, and I have also done everything the Court has requested.
        I have contacted every firm connected with the MDL, and they are not allowed to add my case because of the “global settlement agreement”, which includes lawfirms must agree NOT to add anymore TVT or TVTO cases.
        I have been put in this position, and if the judge allows me, I will continue doing my best.
        My Mother is not replaceable. She was tortured. She died in the pain and misery she lived.
        I’m not disputing it’s an uphill battle for me in the courtroom. I simply made up my mind, it’s worth the climb.

        • Still Standing February 7, 2018 at 9:40 pm - Reply

          Mary, you have a powerful story. All mesh women have tragic and powerful stories. I realize that you are passionate about telling your mother’s and seeking justice. Here are some things to consider. Your attorney’s decision to not include the additional pieces on the complaint may be legitimate. Bringing an unapproved device to market before approval is a criminal activity. It is not part of a civil complaint. This would have to be filed by a prosecutor or state’s attorney. It is doubtful that a criminal complaint would be filed in this instance. Not that it doesnt matter, but it costs lots of money to bring a criminal case and they have to realistically look at the seriousness of the crime and their budget.

          In regards to adding the hospice referrals, you said that the referrals were consistent with mesh complications. I ran two hospice programs and just a referral to hospice doesn’t substantiate a diagnosis. Did the referral explicitly state that she had a life expectancy of six months or less because of mesh? Im not even sure there is an ICD code for that diagnosis. Without that firmly stated in the referral, it is nothing to build a case on. What does her death certificate say? If it does not state that the cause of death is from polypropylene mesh, then the defense will jump all over conjecture. Here is what is difficult. You are equating what you know emotionally with absolute facts. They are not the same. Another concern is your statement that you live paycheck to paycheck. Expert testimony and doctor depositions cost lots of money. They do not work on contingency. Physicians have generally charged $1500/hr in this MDL. They also charge the same amount for “chart review” in preparation for the deposition. Each deposition at the least will cost more than $10,000 just for the physician. Additional costs are the court reporter and the videographer. They cost thousands. Then, you have to pay for copies of the deposition to provide to defense and to you. Copies are in addition to the day court reporter charge. My deposition was almost 400 pages long and each copy was $1200. You have to pay all of these costs at the time they occur or shortly after. You will also have to fly/drive to where the doctor is located. If they are local, it will be less expensive. But, you have to pay for the room rental for the deposition. Usually that can be at a local attorney office but you don’t have an office, so you will have to rent a conference room somewhere. That has to be paid upfront. An attorney who represents you on contingency borrows money to fund all of this, then you are charged back after settlement. You dont have that option. You will have to hire some expert witnesses. They cost thousands of dollars and you would have to pay for all of their costs..airfare to trial, lodging, meals, etc. you cant pay them just if you win. You have to pay them as soon as you are finished with their testimony at trial or deposition. The contingency attorney takes a chance that your case will be strong enough to win. If not, they absorb that cost. You cant do that. Based on my own experience, you need about $250,000 to just get started. That is a lot of cash. If you live on a tight budget, is there a bank that will give you a line of credit in the hundres thousands? Additionally, if a doctor decides they dont want to take time out of their practice to be deposed since you are not an attorney, they can refuse. Then, you have to get a court order to compel them to testify. If you do that, dont expect them to be cooperative with your questioning. Then, since you are your own witness since your mother has died, I cant imagine how you give testimony for your personal deposition.

          Mary, I am not a pessimist at all. But,I try to look at things realistically and make important decisions based on an informed point of view. It is terrible to experience your mother’s death and then your sister’s in such a short time frame. But if you go forward, you have to take the emotional aspect out of your reasoning. Companies dont have a soul. They are in businesses and their reason to exist is to make money. They are not going to apologize to you. They just are not.

          You need to carefully consider if the financial cost is something you are willing to pay even if you dont get any money. While you say that you are not doing this for the money, the entire reason you file a civil suit is to recover money. Make a fully informed decision on this. Buy some case law books if you do. They cost hundreds of dollars each, but you need to understand what precedents are in place for court rulings. Personal experiencecjust does not equate to a fundamentally sound case. Attorneys spend lots of time in law school, they specialize, they are members of bar associations and national associations. They have a
          network that you dont have. They go to conferences just for plaintiff attorneys. They are required to have continuing legal education. They can call other attorneys when they have questions. If you take this forward, we will all cheer you on. However, no one will be there with a checkbook when you have to start paying the enormous bills that will arrive. There are attorneys who take cases pro bono, but that is generally for criminal cases. I dont know of any who do civil law of this magnitude pro bono.

          There is a lot to consider. Please take time to step back and take an unemotional appraisal for what lies ahead. If you do take this forward, I caution you about posting anything online. There are enough facts about your mother’s case here that the defense will be able to identify who you are. There are attorneys who specialize in digital footprints. Believe me, they will come to your deposition with everything that you have posted here or anywhere else. They can weaponize social media very easily. When I was in dsposition, the defense attorney asked me if I had ever posted anything on any social media or internet. I said no, as I did not have facebook, twitter, nothing. However, I had written an article for a magazine about pelvic health, nothing about mesh, after my implant surgery but a year before I filed. I did not even use my real name. When I said no, he whipped out a copy of my magazine article and asked me if I had written it. Of course, I had to say yes. The magazine archives are on the internet. That is how he found my article. One thing over 6 years, not even about mesh, not even my real name but there you go. That is the detail you have to attend to.

          • Jane Akre February 8, 2018 at 11:33 am

            Still Standing- You paint very realistic side of the value of having an attorney and the downside of not having one. You tell us what lawyers must put out to take a case forward AND they don’t always win. Being a lawyer is not an automatic ATM machine and does not make you “rich”…. as some assume. It is a tough road to go and they must be cautious in the cases they take. As a personal note- I’ve never seen a healthy lawyer who has time for the gym and to eat right and get enough sleep. They usually age pretty quickly (just my observation).

            I only wish lawyers would take the time to explain to their clients like you have done here. I might make the relationship better. Lawyers- Want to take the time to communicate thoughtfully to your clients? Please consider a press release on the pages of Mesh News Desk!!! Really, you are supposed to communicate per court recommendation – do it here and save yourselves a lot of the animosity…… Thank you Still

          • Anon February 8, 2018 at 7:57 pm

            Sooo…your earlier comment was encouraging other victims to go the Pro Se route.

        • Anon April 24, 2018 at 2:13 pm - Reply

          Mary…It is my hope that Judge Goodwin have mercy on you because J J Ethicon will not.

      • Anon February 7, 2018 at 11:33 am - Reply

        Thank You Advocate…this process is too difficult a task to try to navigate by anyone with little legal knowledge/experience or help from an experienced law firm. Many medical device law firms in this country do not have the financial capital or legal expertise to take on these pharmaceutical giants.

        • Still Standing February 8, 2018 at 10:53 pm - Reply

          I didnt intend for my comment to encourage pre se at all. That is an uphill battle with no rest stops and no map. I was wondering if the court waives the filing fee, which Mary has requested and then allows the pro se to access video depositions and other discovery that all the litigants with attorneys have paid for, it seemed that others might think this was the way to go. Sorry for the confusion. I was thinking out loud.

  6. Mary February 1, 2018 at 9:30 pm - Reply

    Hey MND Readers And Victims!
    Thank you for your kind words and wishes. This is tough. I really don’t know how this court process works. I never dreamed I would have to do this without a lawyer. My lawyers refused to accept facts and records of what my Mom experienced, and would not explain, or give me 1 reason why. I’m sure I’m “flagged” now, as no lawyers have offered to help. I cannot turn away from what I know to be true.
    I am sure, if there is reward, I will be responsible for all costs to the court, if I’m even approved to proceed.
    The bottom line is I want to tell the truth of what I witnessed with my Mom, and my sister who cared for her.
    Ruth died, 4 months after Mom.
    I feel the pain, and know the prison all Mesh victims feel, as it squeezes out every aspect of joy, and happiness, and replaces it with unbearable pain and shame. The idea of 1 more day brings no comfort.
    The worst part of this genocide, is no accountability…
    No one has come forward and said,
    Stop!
    I have come forward. I have a story that must be told and must be heard. This is quite unbelievable to me, but not surprising.
    Please pray that God will use me for His Purpose and His Righteousness. My Mother’s Faith lives in me. I am not alive but for My Lord.
    Don’t ever give up if you have good in your heart.
    The World is Watching!
    My Sincere Thanks to Our Editor, and All of You!
    Mary D.

  7. Rick February 2, 2018 at 11:28 am - Reply

    Mary is the most dedicated and determined woman I know and all she wants is for her mothers horrible story to be heard and it very well should be. She is up against the big boys who will do any and everything they can to prevent her from being able to tell her mothers story. All that J&J is worried about is their bottom line. If they were concerned about all the people who have suffered and in some cases died, they would take their product off the market. This madness has to stop. I know Mary would like to have a lawyer but it seems that J&J has their hands in that to making it difficult for Mary to find a good lawyer. Regardless, Mary is pushing ahead. She is not afraid of the big boys and why should she be afraid. The lawyers didn’t lose their mother to a defective medical device, Mary did. I am very proud of Mary as she is my wife and I love her dearly, so I know first hand what she has gone through and how hard this is for her. The good Lord said he would never give you more than you can withstand and I believe that to be true
    God’s will will be done. Please pray for Mary that God will continue to give her strength & courage in this uphill battle. May God bless you all.

    • Jane Akre February 3, 2018 at 12:47 pm - Reply

      Thanks Rick for being strong for her!!!!

  8. jan February 4, 2018 at 6:03 pm - Reply

    I am praying for you go and get them.
    But if you are Pro Se
    Who are how are you doing you petitions and fillings so you do not forget are word everything correctly
    Very interested in that

  9. #AllMeshedUp February 5, 2018 at 8:40 pm - Reply

    Dear Mary God Bless you and good luck. I went to trial and it was one of the hardest things I had to go through but I had an amazing team of attorney s. If you do go to trial I would like to come and support you. Love #AllMeshedUp

  10. squeekywheel April 25, 2018 at 9:49 am - Reply

    Mary, you mentioned a ‘bad smell’. Was this a body smell? I’ve been having strange body smells since mesh was implanted. Please explain? Best of luck to you!

  11. tiredofwaiting April 25, 2018 at 10:26 am - Reply

    Women have been forced in this process to take matters into their own hands. I’m sure many of us signed with firms and thought that they would really fight for us. Some firms negotiated settlement offers rather than litigating our cases. Easy money, especially if you have hundreds of clients. My daughter was rear ended a couple of years ago and had whiplash. She had to go to intense PT and have some injections. Thank god she was okay. Her settlement was more than what most of us will see who have had ongoing pain, bowel and bladder issues for the rest of our lives.

    • Jane Akre April 25, 2018 at 10:34 am - Reply

      You are right. An auto accident frequently brings more than having a permanent implant go wrong. The end result is that the manufacturer defendant is let off the hook.

  12. Anonymous April 25, 2018 at 10:31 am - Reply

    Mary you must try. I know it can be hard I know it will cost you a lot of money but you must try. You are right no one is saying STOP!!! while it is true that some women never have problems with these mesh products too many women have been hurt and made disabled. how many women is enough that have to live in excruciating pain day in and day out. if I was a owner of a company and I thought one of my products to hurt someone I would be horrified and pull it off the market. But it’s plain to see that these people only care about one thing and that’s money it doesn’t matter if they know they did wrong. it doesn’t matter to them if they killed your mother as long as they have their fancy houses boats vacations you name it they’re happy. this is the darkest time I think almost in women’s history as we became Lab Rats for all of these companies. what is even more sickening is that no attorney will take you. it says a lot about some of them too and no I’m not throwing all lawyers under the bus just the ones that won’t help this lady out. Hopefully in 10 or 20 years people will realize that none of this plastic, that is the same as indoor outdoor carpet was ever meant to be in a human being and this mutilation of women will stop. The unfortunate part about it is lives will be lost during this time. Sacrifices will be made all in the name of making a buck by the big medical companies. And the sad part about it is our government is standing behind the Food and Drug Administration while the behind the curtain payouts keep going on again all in the name of making money. one day God will come back and we will all have to stand before him. Personally if I was these attorneys for the big medical companies I would be shaking in my boots. the hell they put your mother through and so many of us women through I hope they will have to experience. I do know that one day all the Injustice done to us will be made right. get your stories out to all the newspapers TVs whatever you can someone will have to pick this up that you are going against the big J&J mega power of the United States and I hope to God you win. it’s time that these big medical company stop running the show and give the power back to the people. If we don’t nothing but chaos hurt and pain and experiments on humans will continue in our country from Bad hip implants to bad birth control implants to knee implants you name it it’s gotten to be insane no one cares about the people anymore they don’t care if they’re hurt and I’m sick of it. so honey if you can find a way to make them people pay you do it because at the end of the day it’s not doesn’t matter what you have but what you’ve accomplished for your mother. Please keep fighting don’t give up they will try to crush you and they’ll be days that all you want to do is cry but if you do your best even if you lose you can say you tried. Just remember if you tried and failed you’re not a loser you haven’t lost only when we don’t try is when we lose. Bios can Dias my friend

  13. Mary April 25, 2018 at 6:11 pm - Reply

    …Wherever you are right now, you always need people to laugh with, so you can be strong, alone, in your tears.
    That’s what Mom and Ruti would say to you, right now!
    Anon…You have a powerful gift in your words that grabs my heart. Kitty, Erma,
    AllMsd-Tired-Squeak-Jan- It’s a Blessed Gift, for someone to take the time to express kindness..curiosity..or just .genuine feelings, in the written words. I am thankful for you all…
    …A couple things that bothered my Mom the most, were extremely humiliating and embarrassing for her. The smell was not detectable, except sitting on the toilet. It was also present in her multiple exams and procedures. There had never been any smell I’ve ever experienced…to compare how strong and pungent it was. There are websites that refer to polypropylene and odor, that may answer some questions.
    I have learned everything I’ve used in My Case..from reading and listening.
    Jane has provided so much information on this website…and I reference it many times in researching.
    …As far as I know,I will have access to the Court Record, and Discovery- which this Case was included in MDL material. This case was originally filed by my Mom, around 2 years before she died. I will be responsible for a % of the fees of the court, as all other plaintiffs.
    There are some awesome attorneys out there. This is something I’ve learned.
    Don’t jump off the plane without checking your equipment😉
    I am not proud of having to be a pro se litigant. It is mind-boggling at times. I am hard-headed when I know I am right. But I am not unreasonable.
    Try telling an attorney that!Lol!
    I still believe the truth is the most powerful entity in living. It’s given me a lot of “MyLittleMargie” moments🤫
    (If you’re not over 50, you won’t know who “MyLittleMargie” is!!
    Sending dandelion kisses!
    Mary

  14. Anon April 26, 2018 at 1:33 pm - Reply

    My Prayers are with you Mary. You are correct! There is no defense against the Truth.

  15. Still Standing April 29, 2018 at 8:28 pm - Reply

    Jane, interstitial cystitis(IC) is not a UTI. Most people who have IC will not show a UTI on culture. Low grade UTI can sometimes put a person at risk, but IC is not treated with antibiotics. Most of the pain from IC is neuropathic pain and most commonly treated with Elmiron, diet changes, pelvic floor PT and sometimes Interstim. It is an important distinction to make. Since UTI symptoms are often treated with antibiotics without a full culture done, there is a risk for antibiotic resistance to develop, women with UTI symptoms should insist on a straight cathed urine culture ( NOT a pee in a cup one) to determine if they have an infection.

  16. Mary May 4, 2018 at 9:07 am - Reply

    Dear StillStanding!
    You just hit the nail on the head-about IC! The Dr that did the autopsy had never had a MeshPatient and nothing to go by to prepare him for what he saw when he opened her body!
    My attorney did not supply records or send a Representative…but J&J did! J&J Dr knew all about mesh!
    I addressed the very same information concerning IC, and the fact it is a syndrome applied, when UTIs are NOT present.
    I’m sure the J&J Dr knew exactly what happened to my Mom😉
    I do too! I intend to share Moms records and autopsy pictures, (which I have not looked at because the pathologist advised me not to)
    He told my attorney and me, he had never seen anything worse-in 30 years of practice…when he opened her body.
    I intend to have every person that was present- deposed.
    Thank you SS- I hear you!!

  17. Still Standing May 5, 2018 at 12:38 pm - Reply

    Mary, I am concerned about your bringing up the IC and your mothers antibiotic resistance from undiagnosed IC.. tens of thousands of women without mesh have IC. The defendants will point out that physician incompetence is responsible for her death, not mesh. This will seriously negatively impact your case if they draw that conclusion, and they will jump all over that. They will suggest that your mother had undiagnosed IC prior to mesh implant and many women who have it are not properly diagnosed for years. And it was physician error, not mesh that contributed to her death. will try to find some research on mesh and IC, but absent that, you should avoid bringing that up. You need to be ready with pure facts.

  18. Mary May 7, 2018 at 11:13 am - Reply

    Hi SS!
    The last cystoscopy was done by a urogyn- a specialist. Her main urologist is still in practice.
    IC has NEVER been a COD by autopsy-in my research. I have all records to prove she died from bladder issues,and there are 4 additional issues, ( bladder related ) on the autopsy as well.
    I appreciate your questions, but don’t worry. Pieces of advice and good will are always encouraging.
    I intend to present the truth. The records support the truth. IC is a speculative syndrome when all other issues are ruled out.
    You don’t bleed out-sometimes front-sometimes back- needing multiple transfusions-with no source EVER found…with IC.
    If there are facts out there that can be helpful, I’m game. However, I have read everything I could find on IC, and there is no comparison.
    My Mom was seen by Urologists and Ob/gyns all over WV and VA. Though many things have been said about mesh, to protect it-I have 15 years of records. If I didn’t know something for certain, I certainly would not say it or write it on this site. That doesn’t mean I’m not willing to concede that there may be evidence I haven’t yet found.
    It’s not my goal to win. It’s my goal to see this through, doing my best with FACTS and RECORDS. Would I want to win a lot of money?? Of course I would. Mom wanted her grandchildren to go to college. She wanted me to supply her Nursing Home with Baby Wipes, because they use wash rags to clean voiding issues. She wanted to buy pizza for the residents once a month.
    She had 1 request for herself-a lift-van. She loved going places but hated seeing us having to load her oxygen tanks and wheel chair in our car. She didn’t want us to have to help her physically.
    When asked by attorney, when he first took the case, what she would like to have come from the case-
    The lift-van was her only request.
    By the time she died-2 years later, she told me she wanted to just find out what happened to her, so no one would ever have to be like her. She said she felt like a leper.
    I can do this-though I am struggling with my own health problems. I hope y’all will pray for my efforts, and my health. Mom did all the work by never giving up and trying to get well.
    She was known as the MysteryPatient. It’s my intentions she be known as a 15year Polypropylene Mesh Survivor, who fought valiantly to live-despite the consequences she lived with-every breath until she died.
    My love and prayers are with EACH of you! I’m so sorry you are suffering.
    Mary

  19. Liz May 19, 2018 at 9:08 pm - Reply

    Instead of talking why not help Mary financially, set a contribution fund for her expenses.

    • Mary May 21, 2018 at 7:25 pm - Reply

      Thank you Liz! I appreciate your comment. Most comments I’ve seen have been very kind, and encouraging.
      Some, not so much! There will always be questions, and I answer best I can! I’m very happy to share what I’ve learned.
      The judge has granted my request to have costs and fees waived. I have access to the same information that all MDL attorneys have. My Moms Case was filed in the MDL, and I am representing the case for her. It’s only fair I have the same access.
      Some folks do not understand the concept of self-representation. Everyone has the right to bring their case to court, and expect to be treated fairly. I have been!

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