Status Conference Update: Transvaginal Mesh Cases Moving Ahead

Apr 18th, 2013 | By | Category: Legal News

Scales of Justice wikiCommonsApril 18, 2013 ~ Thanks go out to attorney Harry Bell who is based in Charleston, West Virginia, the location of the federal courthouse that will hear thousands of transvaginal and incontinence surgical mesh cases.

He provided MDND with an update on today’s Status Conference on the cases filed against Ethicon (Johnson & Johnson), C.R. Bard, American Medical Systems (AMS), Boston Scientific and Coloplast.

Here is the website for the court.

Judge Joseph R. Goodwin

Judge Joseph R. Goodwin

Bell tells MDND that about 50 lawyers from around the country gathered before The Honorable Judge Joseph R. Goodwin this morning to hear updates and report on the progress of the 17,478 defective product cases which are consolidated in one federal court to allow them to get to trial sooner – one judge, one ruling, less confusion.

Everything appears to be on track for the next trial – C.R. Bard scheduled for July 8, 2013 in the Southern District of West Virginia federal court located in Charleston.

Tolling Agreement

Both Plaintiff and Defense attorneys are working on the tolling agreements. Bell says that allows each side to file cases over a period of time rather than jamming the court before a certain deadline which would create a logistical nightmare. If for example, the tolling agreement is in place and it extends to November, cases can then be filed up until that date without being excluded because the Statute of Limitations has expired.

Plaintiff Profile Forms

If you are a Plaintiff and your law firm has not reminded you, it is important to turn in your Plaintiff Profile Form. Without that form your case could be in jeopardy. The lawyers are the ones who are chastised if the Plaintiff Profile Forms are not turned in on a timely basis.

Discovery Pool

Both sides are working on an order that would update the cross utilization of documents. If, for example, a document is produced in AMS litigation where the defense is talking about how bad a Bard product is, lawyers want to be able to use that document in the Bard litigation as well.  The question is how do you give notice to the other side, especially if they are not there in an AMS deposition? Those are the logistical issues the court is working on.

Delivery of Documents

Bell says AMS has been slow producing discovery documents, that is, documents each side asks the other to produce under subpoena. This may include internal company documents and emails that can be very damaging to a Defendant.  The Plaintiff attorneys have filed a motion that AMS has not been as forthcoming as  it should be with discovery information and the Court should sanction AMS or issue an order to produce the documents. The Court has directed AMS to file a response and the Plaintiff’s side will file a reply to that response which should be entered into the court record by April 29.

Apparently Coloplast still does not have a handle on how many claims it will be facing. As of today there are 313 Coloplast cases filed (MDL No. 2387); 5,445 cases filed against Ethicon (MDL No. 2327); 3,307 cases filed against Boston Scientific (MDL No. 2326); 5,573 cases filed against American Medical Systems (MDL No. 2325) and 2,840 cases filed against C.R. Bard (MDL No. 2187).

Where is the Media?

Bell adds an interesting perspective as someone who has practiced law for 33 years. Gathered in the Charleston federal court are 50 lawyers from around the country representing 17,000 plaintiffs – injured women some of whom will never be made whole.

“This has significance to women around the country facing huge corporate defendants and not one single person from the media covers the hearing.”

Bell adds that the CBS affiliate building is on the back side of the courthouse and all of the major media affiliates are located in Charleston.

“Somebody knocks over a car wash and you have Live Action News! It never ceases to amaze me.”

Harry Bell

Harry Bell

Harry F. Bell founded The Bell Law Firm PLLC (here) has practiced all forms of personal injury, product liability, business litigation and employment law for more than 30 years. The Bell Law Firm is local counsel for the many lawyers who come from around the country.

 

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5 Comments to “Status Conference Update: Transvaginal Mesh Cases Moving Ahead”

  1. [...] That is what Jane Akre mentions in a recent article on her MDND blog, called: “Why We’re Here ~ Putting a Face on Adverse Events”.  She gets into more details of this in another post there called:  “Status Conference Update: Transvaginal Mesh Cases Moving Ahead”. [...]

  2. [...] C.R. Bard, American Medical Systems (AMS), Boston Scientific and Coloplast.  As reported by the mesh medical device news desk, the consolidated mesh cases are now in excess of [...]

  3. debbie says:

    April 30, 2014 at 10:43 pm

    Just found out today my mesh is eroded again, pain is to the point of an ER Visit ! Who pays to have it all remove! That won’t even touch the medical bills! Feel our pain don’t cause us more by a slap in the FACE!

    Reply

    2.
    Suzanne says:

    April 30, 2014 at 11:21 pm

    Are they serious? They are offering roughly $40,000.00 per person, and we must also pay our lawyers out of this; must be a joke! That would not even cover my medical expenses for the multiple surgeries I have had as a result of mesh. Tambrea is right, that is a slap in the face to every mesh injured woman in this world! SICKENING!!!

    Reply

    3.
    stopmeshimplants says:

    May 1, 2014 at 5:15 am

    Disgusting news, but not at all surprising. Just think about what they have done. This settlement offer goes along with their belief that mesh is good for us, they are doing us a favor and they have done nothing wrong. Warped thinking at it’s best. Now it is time for us to continue to tell our stories and explain how we are still damaged in so many ways!

    Reply

    4.
    justiceisntjust says:

    May 1, 2014 at 5:39 pm

    Ladies take it from a mesh injured person who knows the law. Your lawyers sold you out! They most likely signed an agreement stating that they would get 85 percent of the paintiffs to sign. Then try hard to get the remaining 15 percent to agree or refuse to continue to represent you if you don’t. They will try to talk you to into it, tell you its the best you’ll get. Tell you that your case would take years to go to trial and even then a jury wouldn’t award much.
    Do not agree to this settlement. They are doing this for the enourmous fee they will get. Dont be intimidated by them . Dont let them coerce you into this pathetic agreement. Dont blame the manufacturer this time . The lawyers could get us a lot more money, but why should they. They listen to us cry poor on this website all the time. So with little or no work on thier part they get themselve a ” get rich quick settlement” and we get the shaft. Many if not most of you will accept the money and I have seen it time and time again. Nothing will change. Our grandchildren someday will be hurt by medical products just like us. The only way to change this situation is to hurt this companies were it counts- thier bank accounts and it will take a much larger settlement offer then this! Say no to mesh, Say no to your lawyer. So ladies lets “women up ” here and demand a fair settlement!!!

    Reply

    Patty says:

    May 2, 2014 at 2:50 am

    Someone else posted today that 10% goes to the MDL, if your attorney contacted another attorney on the matter he gets 4%, someone else gets 4% and any insurance company that paid your bills will take their share. That leaves us right where we are now. What would they do if we all fired them? Sue us.. Lol. What would they get, we have nothing. You know the majority will accept. Also this person posted that if you do decline the offer your attorney will discharge you and no other attorney will take your case after that. It’s a lose lose situation. We’ve been screwed big time!

    Reply

    justiceisntjust says:

    May 3, 2014 at 10:40 pm

    That is not true. Another lawyer will take your case. Dont believe the lies. Further, your lawyer cannot sue you if you decline the settlement. He may not continue to represent you, but you will find someone else. Dont be intimidated into accepting this settlement.I am a mesh injured person who knows the law. Pls. Ladies there is strength in numbers. However, even if others cave.in, have courage. Dont give in too.

    Reply

    Sandy says:

    May 8, 2014 at 12:01 am

    What if statute of limitations was a factor and atty served some kind of waiver to get case in before SOL ran out how do you get another attorney to represent you.? I have felt mis-represented from the start not to mention firm is under different entities?. This is crap $40,000 if you dont accept what happens? What if you did all the leg work providing all medical records? I have asked several times when did they want all the expenses, perscriptions mileage etc and they said when we need it we will ask? Doesnt this get added into amount along with punative damages contortsium etc.?

    Reply

    linda kilpatrick says:

    May 3, 2014 at 9:20 am

    I so agree with this. It is time to say NO!

    Reply

    RR says:

    May 4, 2014 at 8:55 pm

    LindaIs SO Good to hear your voice! This week we are in process if refinancing our house to pay SOME of many naxed out credit cards from the 4rv trips 3 surgeries I had 2012 & 2013 to get as much mesh mess out as possiblenafter over 12yrs! Weve borrowed from youngest son twice to fix RV last time paint house this week refinance says is all we have left to do! Just borrowed from close friend to pay 2013 taxes plus hospital bills not able to put on card? Weve paid 100.00 a month over 6 months they sent us lettee yesterday saying it waa turned to collections! By the way today is my birthday! Call me sometime! RR Oklahoma?

    Reply

    5.
    Bev says:

    May 1, 2014 at 9:55 pm

    Tell ya what. I will agree as long as I can have my doctor implant the same mesh I had in him. If after 1 or 2 years he does have any pain, problems or further surgury I will agree.

    Reply

    6.
    msm says:

    May 1, 2014 at 11:30 pm

    Deduct 40% for the attorney. Deduct ALL of the money your insurance has paid for your treatment (yes they get it back). There will not be one penny left for those of us who have had multiple surgeries. I feel like a pawn…. a stupid pawn…

    Reply

    justice isn’t just says:

    May 1, 2014 at 11:53 pm

    Don’t be a pawn, Stop being so sad get mad! Don’t agree to this settlement. What is wrong with you guys. You don’t have to pay for your lawyers next yacht or his wife’s shopping trip to Europe. Pls. ladies get some back bone! Stop empowering the big corporations and the big law firms that do not have your best interest at heart. They think your weak and pathetic and you will take anything they offer you. Don’t put stuff like “I feel like a pawn a stupid pawn” online. They read this stuff and say” see, they will cry and take the tiny bit of money we offer them. Their weak and pathetic , they’ll never stand up to us.”

    Reply

    Joyce says:

    May 2, 2014 at 10:14 pm

    Don’t forget about the states get There cut. Ga get 75% of the award. That leaves Ga mesh ladies with nothing. With medical bills that we can’t pay. Oh and then the federal taxes you have to pay after that.

    Reply

    Margarita says:

    May 10, 2014 at 3:38 am

    First of all there is no tax on this money. I had my implant in 2004 and I’m still going to surgery; I just had surgery a week ago. My case been pending since, 2011.. And no its not right nor is it fair to pay 40,000 in the worse implant case. I realize everybody wont get the same amount ; but 40,000 is ridiculous. By the time the lawyer get his and you pay the medical bills there is nothing left for the suffering you did. Something need to be done about this. But on other hand if they go bankrupt then no one gets nothing.

    Reply

    msm says:

    May 11, 2014 at 5:03 pm

    Since my attorney is in GA, I looked it up. The 75% only applies to punitive damages because they are inflicted on the defendant by the jury as punishment for wrongdoing. (Too bad they can’t inflict jail time.) It does not apply to compensation for pain and suffering, loss of wages, etc. awarded by the jury or from a settlement. Thank goodness!

    Reply

    7.
    Patty says:

    May 2, 2014 at 2:41 am

    The only ones that will get anything from this are the attorneys. Why 40%? Why? Greedy bastards!! We are the ones suffering, losing our families, our jobs, our lives, our quality if life. We have mounting medical bills. Right now I have 11 bills and NO money to give them. I see Dr. Raz in June and have to set up surgery to get this garbage out of me. I have no idea how I’m going to make this happen but I have to. I’m getting sicker every day. Damn ambulance chasers. There should be a cap on how much attorneys can charge. They really bent us over the sink on this one. And damn those pharma companies for the wrong they’ve done us!

    Reply

    8.
    Sandy says:

    May 2, 2014 at 10:54 am

    I am outraged! No way will I accept this amount of money. I can’t work now and I will lose 300,000.00 in wages and they want to offer 40,000.00! That’s BS. If my attorney decides not to represent me after wards I will fight to find someone who would I think and I have no reason to believe he will sell me out for that amount of money. I have even started seeing a counselor because I am so depressed I have thought really bad thoughts. i am having problems dealing with the pain and all the other emotions this mesh hell has pit me through. i pray my attorney will not sell out and will have morals and dedicat ion to his clients! I am worried we will get the shaft over this whole deal No way, I want them to come to my state and let the people decide what is fair. Haven’t these people heard what the majority of juries have awarded victums because they believe that is what women deserve! I have waited a long time and I will wait for hell to freeze over before I ever agree to this amount of money. If they put another zero towards the beginning then and only then will I agree. Other wise we will have a long and painful relationship AMS! This is just beyond belief. Can someone please tell me how this happened! OMG!!!!!

    Reply

    9.
    jade says:

    May 2, 2014 at 2:59 pm

    http://www.marketwatch.com/story/motley-rice-enters-settlement-regarding-transvaginal-mesh-2014-04-30

    If I am reading this press release correctly, the $830M was only available to 6,000 victims – not 20,000. If this is a correct interpretation then $830M – less 40% attorney fees = $498M – divided by 6,000 victims = $83,000 (average) per victim. But, you have to consider, there is also a grid which will award some victims at the top much more than those at the bottom. As the settlement agreement stipulates, to be eligible for compensation, victims who will fare the most will have thorough itemization of medical records, chronologic records of complaints, medications, injuries and, of course, proof of implantation of specific AMS kits.

    Reply

    msm says:

    May 2, 2014 at 9:20 pm

    I think Motley Rice may be referring to the number of clients they represent. If I’m reading the report correctly, amounts will be determined according to the number of clients in each of the categories for each of the firms. All insurance must be reimbursed also. So could a person who had 5 surgeries costing $150,000 end up with less than the person who required only $15,000 in medical costs? Can’t be! or can it….. The funds won’t go far after every client’s insurance is reimbursed. It will be interesting to see how it all pans out.

    For anyone who hasn’t read it, the agreement is also on the Motley Rice website. Here are the links.

    Joint Report of Negotiating Plaintiffs’ Counsel and American Medical Systems’ Settlement Counsel Regarding Status of Settlement Negotiations:

    http://www.motleyrice.com/files/medical-devices/joint_report_filed.pdf

    Exhibit A: Resolution Framework:

    http://www.motleyrice.com/files/medical-devices/exhibit_a.pdf

    Reply

    10.
    jade says:

    May 2, 2014 at 9:10 pm

    http://blog.motleyrice.com/playing-the-blame-game-v-owning-it/#comment-2587

    Get your arms around this “gloating” press release issued today by Joe Rice, Partner, Motley Rice on behalf of – well, I guess himself??? Thanks, Joe, for all your fine work in achieving a pitiful settlement for your clients and a “grand slam” for your firm. Not only do you bring in your thoughts on “courage” as related to your daughter, but we are forced to read your self-proclaimed “victory” over the perbetrators of one of the worst crimes ever performed on unsuspecting women “also referred to as rat biology”. Your writing has confirmed to us that you are definitely NOT on the side of women who have been victimized by these horrifc and deadly experiments. We, the victims, are the literal stepping stones to your recenlty gained fortune. Yet, not one word about our suffering except to say “…when “people” (afraid to say “women”, Joe?) are hurt….” That’s, right, we are, or were, women BEFORE these experiments! We are your Mother, your Wife, and your Daughter. Maybe, if you sat down in a room even ONE NIGHT to witness our suffering, our destroyed ability to walk, speak, eat, enjoy our family, urinate without a catheder, beg for sleep which the pain would not allow – and, maybe, just maybe IF we happened to be your wife, your daughter, your granddaughter, you’d understand that there is NO PRAISE and can ever be for ENDO, AMS, Boston Scienitific, J&J, Ethicon. As you stated in this release ENDO proceeded with “….the utmost professionalism and in a responsible manner…”. Joe, tell me, were those sterling qualities when they developed and subjected us unsuspecting women to the horror of their mesh implantation kits? What ENDO and YOU did was deliver an unreasonable setttlement proposal on the part of EACH and EVERY legitimately injured victim! We don’t need the crumbs that are “left over” from your bounty. We need justice and TRUE compensation for our destroyed lives. Unlike you, Joe, we are not celebrating a victory tonight. Enjoy your second martini and your celebratory dinners and parties while we can only hope for a Counselor that will FIGHT for what we need.
    A quote from a TRULY GREAT individual – Charles Krauthamer – Author, Things That Matter
    “When you join the most monstrous of killing organizations, when you carry its seal, you become responsible for its crimes.”

    Reply

    pam says:

    May 2, 2014 at 9:49 pm

    jade, I agree, what they did was so evil against clients, What they got , questions how much they got by not fighting for women truly damaged for life. (and under table favors for not standing firm against the companies, not counting those women like me that have been put through pure hell and will be for life. If those women that have suffered so long and there is not end, 40, 000 will not pay for just the hell of trying to find a doctor to talk and care , since so many are lying to them. but look at all in leadership even the president who got money from these companies and more doctors , attorneys , judges appointed , in states and federal to make sure what women deserve is every penny these companies and doctors and nurses that have lied to them, and covered up the truth even the FDA, that did not care . no, no, NO NO, that money is nothing , we have lost money having to buy and sacrifice even over counter products we normally would not buy and spent money for gas and more to getting to doctors , that did not help us. TELL THE COMPANIES THEY LOSE EVERY PENNY THEY MADE OFF OF MESH, THE DOCTORS THAT DID THIS TO WOMEN AND LIED TO THEM, WHERE IS JUSTICE IN 40, 000, FOR DAMAGED FOR LIFE, NO WE WANT THE BILLIONS NOT MILLIONS, HAND PICKED WHO FROM HELL ARE HAND PICKING THE CASES THAT HAVE BEEN HEARD AND WILL BE HEARD , THEY NEED TO BE PUT OUT OF BUSINESS, AND LIKE ANOTHER WOMAN SAID, BUTCHERED AND LIE TO DOCTORS AND NURSES AS WE ARE ALLOWED TO PUT THE MESH IN THEIR SEX ORGANS AND LIE AND WHEN THEY START GETTING INFECTIONS AND MESH MOVING IN NTO OTHER BODY PARTS, , SMILE AND SAY THEY ARE CRAZY, THE MESH DID NOT DO THAT TO YOU, IT IS NOT MOVING WHEN IT FELT VERY APPARENT STICKING OUT AS IT STILL CUTS THROUGH CAUSING PAIN AND MORE INFECTIONS, VERY SEVERE. .
    IT’S HURTS IF YOU ARE ON YOU FEET , WHEN YOU SIT , YOU HAVE TO LAY DOWN, AND TO THEM THEY WANT US TO LAY DOWN AND DIE, AND WITH TIME QWE WILL ALL DIE AND MORE NOT PAY, PUT THOSE LEADERS TRAITORS TO CITIZENS IN AMERICA, TO NOT TELL THEM THE TRUTH AND COURTS THAT ARE ALLOWING THIS TO DRAG AS PEOPLE’S SUFFERING, , PUT THE NOOSE AROUND THEIR NECKS, MAYBE SOME WILL THINK TWICE BEFORE PUTTING MESH INTO HUMANS, IN THE ONES SO GREEDY, TAKE EVERYTHING THEY HAVE , THEIR HOMES , EVERYTHING, FANCY CARS STOP THEIR DAMN PARTYING AT THE EXPENSE OF THOSE SUFFERING FOR LIFE. WE WANT ALL THEY HAVE EVERYTHING LIKE WE HAVE HAD TO SACRIFICE AND SELL TO MAKE ENDS MEET , AND LIED TO BY THOSE IN MEDICAL THAT SHOULD LOSE THEIR LICENSE AND FORBID THEM TO EVER PRACTICE MEDICAL AGAIN IN THE USA. LET THE CRY IN PAIN AS WE HAVE AND NOTHING , LET THEM BEG FOR ANTI BIOTICS AS WE HAVE, LIFE BILLIIONS NOT EVEN MILLIONS THEY NEED TO LEARN NOT TO DO HUMAN BEINGS , ARE NOT ANIMALS THAT CANNOT SPEAK AND THINK. TO TREAT US LIKE ANIMALS. DO I SOUND HARSH? LOOK AT THE CRUELTY i HAVE BEEN THROUGH AND OTHERS. . TRUST MEDICAL , NO, , NEVER NOT UNLESS THERE IS A 2 WAY CONVERSATION GOMNI ON, FIRST THEY HAB=VE TO LISTEN TO ME, THN i WILL LISTEN TO THEM, THEN IT TAKES 2 , TO MAKE SURE SOME ONE IS NOT LYING. QUESTIONS ANSWERED.
    GUESS i AM SO ANGRY, TODAY AFTER SO LONG OF PAIN AND SUFFERING WENT AGAIN TO A DOCTORS OFFICE THAT SAID i HAD INFECTION, THINKING SHE HAD GAVE ME PRESCRIPTION FOR ANTI BIOTIC, , i GOT TO THE PHARMACY, NOTHING FOR INFECTION JUST A MILD PAIN PILL, NOTHING INFECTION, , NOTHING, i tried to tell her 1 st time seeing her the pain from infection, pain pills are not going to help with infection at all. the mesh has done more damage , in the past 2 weeks, pain taking me down to my knees at time, hitting, , what do you do? but wait to die. damn the thousands , billions and everything all that got rich to lose all even license to practice medical again and ever, and the companies to lose all before the sell anything, they enjoyed getting rich, planes, yachts, cars all, like we for life have to suffer.

    Reply

    justiceisntjust says:

    May 3, 2014 at 12:52 am

    Well said Jade!

    Reply

    11.
    Michelle says:

    May 2, 2014 at 10:12 pm

    I am also disgusted. I had the implant in 2005, complications started soon after. I have had six surgeries to remove it, but unfortunately, the bands to the monarch sling have grown into my tissue. Leakage, and pain every day!! Never mind the psychological issues, relationship gone!! Four years ago was my last relationship. I will not settle for a pitiful amount. I and we deserve more. That won’t even cover medical, never mind pain or suffering. It’s a travesty…

    Reply

    12.
    justiceisntjust says:

    May 3, 2014 at 12:33 am

    Please understand that Motley Rice is only one firm with maybe 6000 clients but they joined together with the others to total 20,000. Even if the least injured only get $ 40,000.there won’t be much left for a higher tier, unless, the lower tiers start at $15,000 to 20,000, which is pathetic.Trust me, the highest tier wont even begin to cover your losses and expenses. The only ones who stand to win and win big in this agreement is the lawyers. They will scream from the rooftops that this is in your best interest ladies, but in fact it is only them that have much to gain. The sad fact is why should they put more time and money into our cases when they can win the multi-million dollar lotto now! Its called cost benefit analysis ladies. Its all about doing what’s best for the firm.

    Reply

    13.
    justiceisntjust says:

    May 3, 2014 at 12:49 am

    Please Ladies do not give in to fear and desperation. Do not let anyone coerce you into to a settlement because you feel you have no other choice. I don’t think you realize what a strong position you are in! At this rate you could have done better negotiating for yourselves on your own behalf. They will tell you that there will never be another offer, that no one will try your case. Don’t believe them, but more importantly don’t panic. Remember they have an alternative motive to convince you to sign. They do not get paid multi- millions unless they can convince you to sign this agreement. For once let us stand up to these unscrupulous corporations and the attorneys that have put there own greed before out best interest. Your the injured and suffering , Demand your fair settlement. ,

    Reply

    14.
    linda kilpatrick says:

    May 3, 2014 at 9:21 am

    Remember that divide and conquer is NOT the way to go with settlements. Stand strong and say NO!

    Reply

    15.
    jade says:

    May 3, 2014 at 12:27 pm

    Thanks for support. Please go to the press release and send your “NO” vote in the comments column. Maybe, just maybe you can get your comment past moderation and it will be posted. However, I doubt that will be the case. If we all send our “Hey, JOE, Women Vote NO” comment, possibly Joe will get the point! We talk about the “Marketers” of these manufacturers and all the harm they did to us – well, this release represents Motley Rice Marketing their firm OVER the best interests of their clients! Such a betrayal to the victims that one of the lead Plaintiff’s Counsel so easily climbed into bed with these criminals! Go to the link below and tell Joe what you think of his “victory”!
    http://blog.motleyrice.com/playing-the-blame-game-v-owning-it/#comment-2587

    Maybe the way to go is to “picket” in front of our Counsel’s headquarters and NOT just the manufacturers’!

    Reply

    16.
    jade says:

    May 3, 2014 at 9:16 pm

    http://www.startribune.com/business/257748151.html?src=news-stmp

    Don’t take that settlement, ladies. Read this link – Endo knows they are liable for BILLIONS and so do their shareholders! They are getting off way to easy. Stand up like “justiceisnotjust” tells you to do! You are worth it! Just one excerpt from the release….

    “Shares in Endo’s stock initially rose sharply Friday after analysts wrote the settlement removed a liability that had potentially been worth billions. In a conference call with investors and analysts Friday, Endo chief executive Rajiv De Silva said the company still faces more than 23,000 claims over the inserts. Endo’s shares closed down nearly 1 percent on the Nasdaq Stock Market.”

    Reply

    msm says:

    May 5, 2014 at 5:25 pm

    Jade,
    I just followed your link. They removed the original. It has been edited and now says only the following.
    Note this quote”…can seek more money, under the settlement terms”. That would be highly unusual and isn’t what I read in the court agreement.

    “The parent company of a Twin Cities medtech firm will pay $830 million to settle thousands of lawsuits from women claiming a mesh it produced for use in pelvic surgeries degraded afterward, causing pain and other problems.

    Endo International, which has owned American Medical Systems Inc. of Minnetonka since 2011, will provide about $40,000 each to claimants in about 20,000 lawsuits. Women who required multiple corrective surgeries after the product, called a vaginal mesh, was implanted can seek more money, under the settlement terms.

    American Medical Systems is one of several manufacturers to be sued by women who claim they suffered further pain and injury after the implant was used to treat a pelvic organ prolapse, a discomforting but not life-threatening condition typically suffered by older women.

    In 2010 alone, the FDA said U.S. doctors performed at least 100,000 procedures using vaginal mesh inserts. Tens of thousands of women have filed such lawsuits. Plaintiffs’ attorneys advertise online and late-night TV for litigants. Johnson & Johnson, the largest maker of health care products in the U.S., stopped selling several lines of vaginal inserts last year.”

    Reply

    17.
    justiceisntjust says:

    May 3, 2014 at 10:58 pm

    I just have one question for all of you. Did your attorneys that participated in these settlement talks discuss this with you first or at any time during the negotiations? Did you know that if you feel that your attorney hasn’t acted in your best interest or has mishandled your case you have a right to file a complaint with bar association. thiedistrict. Ligitimate complaints are investigated seriously.

    Reply

    jade says:

    May 4, 2014 at 11:00 am

    “Justice” – I did not know this. As Endo/AMS is not my implant, I was not contacted. But, I wonder IF any of the Endo/AMS victims were contacted? Also, it would be a good idea to have a front-page story. I’d be glad to assist in anyway I can.

    Reply

    Jane Akre says:

    May 4, 2014 at 11:44 am

    Jade- I certainly think now is the time to look at your contracts with the law firm. What does it say about entering into any agreement to settle? Should the client/patient/plaintiff be consulted first as part of the agreement? Certainly with a certain period of time there should be contact by the law firm. And definitely there will need to be a large percentage, perhaps as large as 95% who need to agree with the settlement or it goes away. Look at those contracts and please comment here…. we are all waiting..Thanks!~ ja

    Reply

    msm says:

    May 5, 2014 at 5:16 pm

    Absolutely not one word about a settlement until after it hit the presses last week. Then just an email promising detailed info in a few days. Apparently they were working on this since last September. I guess that’s why they kept postponing the bellwether trials.

    Reply

    v. alexander says:

    May 5, 2014 at 5:17 pm

    I am an Endo/AMS recipient, and the answer is NO, I was never consulted about any resolution settlement. There was very little communication at all during the process these past 3 years. Do I believe that my representation (Motley Rice) is looking after my best interests? NO. I am with you on voting NO on accepting settlement.

    Reply

    insultedinwashington says:

    May 8, 2014 at 11:23 pm

    I am a AMS plaintiff. I was not contacted by my attorney until after the negotiations were complete. So thank you very much for your info! I will use it.

    • Jane Akre says:

      WOW- you did a lot of work there. Sit tight, the amount you are offered is individualized to your degree of injury. You really do not know until you see the numbers before your eyes… Each law firm will handle this differently as well.. So the $40k is an average, not an absolute!! Thank you~ ja

  4. Mary Pat says:

    Ladies, how many of us feel like we have been gang raped? First the the pharmaceutical companies, then the doctors who we trusted, who ruined our bodies, now the attorneys? IT IS TIME TO STOP THE ABUSE!!!!!!!!! When you look at the crime scene, I would say the attorneys who have sold out their clients are even worse than the original rapists. When we were raped by the pharmaceutical companies and our doctors. we were vibrant and healthy and strong. That crime left us broken and weak. Along comes Joe Rice and his gang and they prey on the weak and broken! DO NOT LET THEM TAKE MORE FROM YOU!!!!!!!!! It would be better to get nothing, than to accept what Motley Rice and his gang of rapists are offering you. You can either “lay back and enjoy it” or you can use what little strength you have left to pull yourself up and STAND for JUSTICE!!!!!!!! This abuse needs to STOP!!!!!!!!!!!!!!!!!!!!! I HOPE to GOD that you and your lousy, good for nothing law firm is reading this JOE RICE!!!!

    Ladies, we have been injured to the core. DO NOT LET THEM INJURE YOU FURTHER!!!! Do not agree to their unbelievably insulting settlement. We have lost everything. What more do we have to lose? This is our LAST CHANCE to seek justice and to STOP the mutilation of women. STAND STRONG on principle. What has happened to us is a travesty and it cannot be undone. THIS IS OUR CHANCE to take our suffering and use it for good. If we don’t HIT THEM WHERE IT COUNTS, IN THEIR POCKET BOOKS, they will continue to mutilate women….. our daughters, granddaughters……. WE LIVE IN HELL IN A PRISON OF PAIN. LET’S UNITE TO MAKE SURE OUR SUFFERING is worth something. SAY NO to the paltry settlement offer!!!!!!!!!!!!!!!! The pharmaceutical companies and the gang of attorneys think we are weak and we will cave?????? HELL HATH NO FURY AS A WOMAN WHO HAS BEEN SCORNED!!!!!!!!! (That quote is from the Bible – women are stronger than they think!)

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We hope you find this a helpful resource. National News Editor, Jane Akre, began MDND with the hope of providing the latest news, information and perspective from the regulatory, industry and patient point of view, something that goes under-reported in much of the coverage of medical devices. The public is just now becoming aware that many devices do not undergo the same scrutiny as prescription drugs and are instead grandfathered in under an FDA loophole that has gone largely unchanged since the 1970s. As a result, patients become the post-market clinical trial subjects, and many suffer devastating and permanent injuries.