LEGAL THOUGHTS ON THE AMS TRANSVAGINAL MESH (TVM) SETTLEMENT

May 22nd, 2014 | By | Category: Featured

endo logo  twoBy Dan C. Bolton, Of Counsel, Keller, Fishback & Jackson LLP

                Recently, Endo Pharmaceuticals announced that it had reached a settlement in principle with four law firms representing plaintiffs in the transvaginal mesh litigation pending before Judge Goodwin in federal district court in West Virginia (MDL 2325).  The Press Release issued by Endo states that it expects to pay over time “an aggregate pre-tax amount of $830 million in connection with the resolution of 20,000 claims relating to vaginal mesh products sold by Endo’s subsidiary, AMS.”

As an attorney who has represented women in pharmaceutical and medical device litigation for over thirty years, including DES, fen-phen and breast implants, and who currently represents women injured by transvaginal mesh, I was not surprised to learn that Endo and some of the plaintiff firms had arrived at a mass settlement.  After all, in this type of litigation—known as mass torts—mass settlements are not unusual as they can resolve a large number of cases quickly and efficiently.

Of course, the goal of prompt resolution must not trump the plaintiff’s right to be fairly compensated for her injuries.  Considering the harm caused by these devices, including organ perforation, urinary and bowel problems, mesh erosion, vaginal scarring, severe pain, sexual problems, and revision surgeries, this proposed settlement, averaging $41,500 for each woman who had an AMS pelvic mesh device, made me pause.

I did not participate in the settlement discussions and none of my clients are included in this settlement.  In other mass settlements I have participated in, plaintiffs were compensated based on the severity of their injuries.  Here, it is likely that women who underwent revision surgeries would receive more than the average amount for their case, while others who only underwent implantation, may receive less than that amount.  Still, it is reasonable to ask whether the terms of the settlement are adequate in light of the suffering caused by transvaginal mesh.

In assessing settlement value, it is important to recognize that the initial trials have gone exceedingly well for the plaintiffs:

  • A $3.6 million verdict against Bard in California state court in 2012 (the implanting physician was held responsible for another $1.9 million in damages). 
  •  A $11.1 million verdict against J&J/Ethicon, including $7.76 million in punitive damages, in New Jersey state court.  The jury in that case found that defendants failed to warn of the risks of transvaginal mesh. 
  • A $2 million verdict in the first Bard case tried last year before Judge Goodwin in federal court, including $1.75 million in punitive damages, with a finding that the mesh was defective and contained inadequate warnings.  Soon after, Bard settled a second case before trial.
  • A $1.2 million verdict against J&J/Ethicon in Texas state court last month.  The jury found that the mesh was defectively designed.

To my knowledge, the sole defense victory was a case where J&J/Ethicon obtained a directed verdict in their favor before the case got to a jury.  In that case, though, the plaintiff was not allowed to present evidence on the inadequate warnings provided by the defendant.

Juries understand these cases and recognize the harm caused by defective mesh used for pelvic organ prolapse and stress urinary incontinence.  The verdicts reflect that understanding–close to $18 million in compensatory and punitive damages in just four cases, with only one loss in a circumscribed case decided by a judge.  While the jury system is inherently unpredictable and any trial is risky, these results underscore the strength of transvaginal mesh cases.  Overall, this extraordinary track record in court enhances the settlement value of the cases.

It is important to remember that transvaginal mesh devices were never approved for safety and efficacy by the FDA.  Rather, the mesh manufacturers relied upon the 510(k) process to quickly get devices marketed in the United States.  The 510(k) process determines only whether a new device is “substantially equivalent” to a legally marketed “predicate” device.

As I discussed in another article, the 510(k) process is fundamentally flawed.  Transvaginal mesh devices were marketed based on claims of substantial equivalence to predicate mesh devices that were never reviewed for safety and effectiveness.  Any settlement negotiations must start with the recognition that the device manufacturers have never convincingly established safety and efficacy.  The jury verdicts are consistent with this fact.

Hopefully, the settlement will be clarified for the thousands of women it affects as well as the plaintiffs whose cases will remain in the MDL.  Transvaginal mesh devices have caused immense suffering for women and any settlement must fairly compensate each woman for her injuries.  We owe it to our clients to vigorously defend their rights, and fight for fair and just compensation for their injuries.

 

new keller ad feb 2014Dan C. Bolton is Of Counsel in the Los Angeles office of Keller, Fishback & Jackson LLP.  The firm represents plaintiffs nationwide in pharmaceutical and medical device cases, including transvaginal and hernia mesh litigation.  Mr. Bolton oversees the pharmaceutical and medical device practice.  

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135 Comments to “LEGAL THOUGHTS ON THE AMS TRANSVAGINAL MESH (TVM) SETTLEMENT”

  1. Sandy says:

    Mr. Bolton, thank you from the bottom of my heart! You are the first attorney I have heard make a statement like this. Tears rolled down my face as I read your letter. I have been told because my mesh was for SUI that my problems should not be as bad as those who have POP. I have no idea about that. But after 2 1/2 years of pain, doctor visits, surgeries, PT, meds you name it i have had it done I still live in pain. I am now forced to sell precious things to me just to fly to see a doctor who believes women and has said he thinks he can help me hopefully. I have lose jobs, family time, a marriage that is on the rocks,money,so much money, my health, i cant travel now far in the car, and so much I can’t list it all. Now I am losing hope. I see the look on my husbands face and I know he is losing hope too. I have read that if I don’t take what ever settlement they off my attorney could quit on me. I will not take $41,000.00. That would not pay the medical bills. The nightmare that my self and my family have lived is beyond anything I could have ever thought I would ever have to suffer through! I was told that a warning was put out about these meshes before my surgery. I asked my doctor if these were safe, he said oh yea no issues. However he was in court the month before regarding mesh issues. I WAS LIED TO AND IMPORTANT INFORMATION WITH HELD FROM ME. I never paid attention to advertisements before if they did not concern me. Believe me I listen to everyone of them now. If I have to live in pain the rest of my life I am not sure it is worth destroying my life and my husbands too especially if the medical companies refuse to pay us for what it’s worth. The pain is bad, very bad at times, but the worthless feeling I have because we are slowly sinking into a financial crises we will never recover from. So what does someone like me do? Everything is documented as to the pain and injury I have. I don’t look forward to another surgery but maybe just maybe it will give my future back. No one can pay me for all the joy and happiness I have lost but they sure in the hell can try. As you said these cases should be worth millions. I never wanted to find a road to millions. But before I would settle there would have to be another 0 behind the

    . Transvaginal mesh devices have caused immense suffering for women and any settlement must fairly compensate each woman for her injuries. We owe it to our clients to vigorously defend their rights, and fight for fair and just compensation for their injuries. THANK YOU!!!!! I would like to see a lot if the attorneys who just want a quick pay day have one of these meshes put inside of them and experience the pain we have, perhaps them they would think twice before telling their clients to take such an absurd settlement. I applied you Mr. Bolton for getting it right in your thoughts and your comments that we deserve so much more. This has destroyed my life and the way I use to live it. How much is that worth. My husband thinks millions! We don’t even have sex any more and that use to be very active. We don’t hardly talk any more and he is also going down hill. How much do we have to suffer before we are paid an amount that is worthy of what we have had to go through and what we have lost.
    How can we get someone to hear us. Where can we reach out to and be heard. All these women did not get together and make this up! We are suffering and slowly dying and no one seems to care.

    • Lorri says:

      As a co-mesh recipient I agree No amount of money can give me back the 4 years that I have suffered and continue to suffer after 2 revision surgeries and possibly a 3rd because I want the mesh All OUT! But because it took going to several doctors and pleading with my legal representatives of the PAIN I was going through to finally have my first revision excision after 3 years of mesh being implanted. By the time I had surgery #1 the mesh had embedded and mingled into my body tissue which made it that much more difficult to get it all out; even though I had read that it was highly impossible to get it all out I was optimistic that the doctor that stated, she do these revision surgeries all the time could give me relief. And on top of the Mesh implant for prolapsed bladder which had failed and I was back to square 1. I could go on and on about how this innovative medical mesh implant was unknowingly forced on many unsuspecting women and billions of dollars made in the process; no amount of money will compensate me for the damage done, the pain I endure day in and out even though I take pain meds; the pain still runs Deep! $41,0000, hundreds of thousands to settle for is an insult!

  2. Sandy says:

    Behind the 4… Sorry for the miss type

  3. Sandy says:

    Sorry stupid spell checker and pain meds:( I applaud you Mr. Bolton. How can you get the word out to other attorneys. Mine is from Texas. I was always told attorneys from Texas can be fierce fighters. I hope so. My very life depends on it.

  4. msm says:

    FINALLY! Here’s an attorney with ethics who isn’t afraid to put his opinion out there. Mr. Bolton, you have just helped my mental status at least for this moment. It doesn’t help the fact that I mistakenly chose the wrong attorney but it validates me! Just knowing that someone in your field recognizes our worth as human beings and understands what we are living with brings a tear to my eye. Thanks for caring! Your clients are blessed!

    • Kitty says:

      It would be good to hear from other attorneys that have this kind of integrity. I was so afraid to initially come on to Janes site and speak—– but you all have given me courage. We must not be like lambs to the slaughter.

  5. msm says:

    Lesson learned: Never choose an attorney just because thay are at the heart of the litigation.
    Consider this:
    A judge rejected a $765 million dollar settlement offer proposed by the NFL because it wasn’t enough to compensate some players for past injuries they received while playing under multi-million dollar contracts. I’m not saying they don’t deserve compensation (although they knew through playing college ball that grave injuries were possible in the NFL).

    In contrast, I had no I idea I was receiving treatment that could result in serious lifelong injury. I certainly didn’t get paid hundreds of thousands if not millions of dollars to risk injury I didn’t know was possible. Different plaintiffs (older women vs.male heroes of the gridiron), different judges, different levels of publicity. Where is the justice? Where is the morality? For pete’s sake, where is the logic!

  6. kristine says:

    Sandy. Your words are exactly mine. I look at your writing and its like I wrote it. My feelings exactly. I don’t have sex either and I’m only 42. My husband suffers as well. This mesh is a painful slow death. I’m currently waiting for my removal. Its a long drawn out process in the mean time I get to suffer.

  7. Mary pat says:

    Amen! Mr Bolton you are a wonderful attorney and human being. Thank you! Endo will discover that the cannot sweep us away or buy us off with their insulting settlement offer. They are trying to buy their way out of this as cheap as possible with no regard for their victims. What they are stupidly ignoring is the fact that they are deali g with victims who have lost everything. When you have lost everything you have nothing left to lose which puts you in a position of power. You don’t have to accept their paltry settlement. You can stand for justice and fairness. Why not? You’ve got nothing left to lose. Endo is in for a rude awakening. They have no idea what they have done to people’s lives.

  8. Sandy says:

    I sent a coot of this to my attorney. I hope he doesn’t get mad at me. I think he just wants to wait for AMS to go to trial to see what a jury says. I wish we had all the time in the world. Right now I do until I see this other doctor and he tells me what he thinks I won’t settle. This guy is a top expert and I will see him first. I just want our attorneys to understand this is worth more than women are being offered. The general public is aware of that, that is why the huge verdicts. Why can’t the big medical companies and the attorneys see what people think this is worth and then at least get In the ball park of the right amount of compensation. I guess all we can do is wait. As frustrating as that is, I will wait until I get done with this new doctor and then we can see about a settlement. To every attorney out there we only want you to understand what we as women have lost. What we have had to endure through. The physical and the emotional pain we have had to suffer all because someone wanted to get rich off a bad product. We don’t want another person to get rich off of this situation again. We would like to get more than our attorneys or the insurance companies. Remember we are the ones in pain!

  9. pam says:

    No, attorney, that knows how women have suffered , and men too, and will suffer for the rest of their life, no amount of money can give them back their lives that were stolen, a surgery women thought would help them with bladder leakage , bladder falling fro giving birth, told it was a miracle mesh that had come about, that has destroyed their life.THE PAIN , LIKE MINE WAS MILD TO SEVERE AT TIMES, i AM NOW IN CONSTANT SEVERE PAIN THAT ASPRIN DOES NOT HELP. WALKING IS DIFFICULT, INFECTIONS NEVER GO AWAY, ANTI BIOTICS THAT GIVE SOME TEMP RELIEF BUT NOT FOR LONG AT ALL.LIES AFTER LIES, CRUELTY OF DOCTORS AND NURSES , PROVOKING US SOMETIMES TO ANGER THAT EVEN A SAINT COULD NOT HOLD THEIR PEACE FOR WHAT HELL THAT DOCTORS AND NURSES HAVE PUT US THROUGH. any money would not be what any woman deserve, as 1 to get strength back, and no pain as before mesh implant, and no infections, I have had child birth pain, and the pain now from this mesh and no doctor to tell the truth and needing closure some way to what more damage I have got since attempt to remove mesh. the lies doctors put in records, called another urologist and they said they will not see me till they get all records, when they read what lies and distorted truth in records, WE CANNOT SEE YOU, YOU CUSSED. . i do not cuss until provoked I DIDN’T CUSS THE HATEFUL NURSE LAST WEEK , WITH HER SNURL, AND HATFUL WORDS OF i DON’T BELIEVE WHAT THEY ARE SAYING ABOUT MESH IMPLANTS. BUT SHE DIDN’T WANT TO EXAM ME , OR SEE RECORDS OF A DOCTOR THAT WAS TRUTHFUL WITH ME. i AM GOING THROUGH ENOUGH HELL WITH THIS MESH AND PAIN AND SUFFERING, A LITTLE TRUTH AND KINDNESS WOULD HELP FROM MEDICAL. ATTORNEYS FOR THE BILLIONS MADE OFF MESH, AND COVER UP, SHOULD NOT ACCEPT LESS THAN THE BILLIONS THEY MADE IN LYING TO WOMEN AND THEIR GREED , AND MORE PRISON TIME. TAKE ALL THEY HAVE , MAYBE THEY WILL THINK TWICE BEFORE THEY GET FDA TO LIE FOR THEM AND DOCTORS TOO, AND COVER IT UP.

  10. Joi says:

    O ye of little faith! Why do we doubt? God has not brought us out this far to abandon us, to forget our pain! No! We must not waver: refuse that paltry settlement offer! Thank God for Jane Akre, and for God-fearing attorneys like Dan Bolton. What has kept me going through these last five years of misery, and my present anticipation of my 3rd corrective surgery (scheduled for August) is my reliance on God’s promise: “Be strong and of good courage….for the Lord your God….will not leave you nor forsake you”. (Deut. 31, v.6)

    • Lorri says:

      I agree and confess that my Lord and savior will not fail me nor forget what unjust we have been subjected to

      • livia says:

        Amen.
        I do not write mush in English, but I’m experiencing the same as you, I have 5 years whit this mesh, and no one can take this pain, I have gastritis for drugs, plus nerves damage. But remember that everyone who trust in Gad will do the us FREE AND FIGHT FOR US.

    • Bobbie F. says:

      AMEN! AMEN AND AMEN!!!!! WAIT PATIENTLY ON HIM!! HE WILL VINDICATE!! AND TAKE CARE OF US ALL WHO WENT THROUGH THIS NEGLIGENCE ON ALL OF THESE FAULTY SCHEMING DIRTY MANUFACTURERS!! KARMA IS REAL!! AND GOD SAYS – VEGEANCE IS MINE! NOT YOURS!!! I WILL FIGHT ALL OF YOUR BATTLES AND “WE SHALL WIN BIG VICTORY!! LET’S ALL PLEASE KEEP ON PRAYING AND BELIEVING!! NO MATTER WHAT ANY, JUDGE, ATTORNEY OR ANY PERSON WHO TRIES TO TURN AGAINST THE RIGHT THING!! THEY SHALL LIVE AND SEE THE VICTORY FOR US ALL!! AMEN, AMEN AND AMEN AGAIN!!!!!

  11. Mary pat says:

    Thanks Joi for that reminder. I needed that. We also must remember “when God stands for you who can stand against you?” God is on our side. He doesn’t like it when people are hurt and abused. He is our defender. Endo you are taking on the Almighty! Our Protector is mighty.

  12. Traci says:

    I am 42 and completely identify in every way with y’all. It’s helpful to hear from others that are going through the same thing! I would love to have a Facebook page for us to support each other. Or if you would like to find me and friend me my name is Traci Rizzo in Gulf Shores,AL. I would love that ! Thank you to this very sensitive and intelligent attorney that seems to really get it. Time is our true currency in life and we watch ours go by along with everything it takes with it. God Bless you all !

  13. cheri says:

    I have been dealing with this mesh for 7 yrs. I went for my 6 wk post op checkup and told the Dr there r stitches everywhere in my vagina. He blew me off, didn’t even check me. I go back 6 wks later and I tell him the same thing again. He exams me and he get the “oh shit” Look on his face. I know that look I was a registered nurse for 31 yrs. I get the run around from his office and medical records. Neither one wanted to give me the page that had what device was put in and the serial number. I said I know what is supposed to be on a chart, so somebody better go find it. Med records finally “found” it. They had pulled it from the chart and had it separate. My husband divorced me, I couldn’t work as a nurse, couldn’t lift without having pain. So no husband, no job , u get no insurance. I had to live for 6 yrs with pain and abcesses all the time. I got on disability and had it removed last june. I am still in pain, am in physical therapy. She says maybe no sex forever! When those dating commercials come on TV it brings tears to my eyes. I have lost everything that was important to me: my husband, my farm, my animals, my livlihood, at times my sanity. If a man had a procedure that caused him to loose his reproductive and sexual organ lawyers and society would say omg the poor soul, he should be compensated! Ladies the same thing has happened to us, yet they offer 40,000. How on earth is that compensation for living in pain, no sex ever again and still being incontinent. The original problem still exists. They think cause we r women we will just lay down and take it. This offer is in no way shape form or fashion fair! I urge the lawyers to fight for our welfare, help us to become whole once again. Before u lay your ahead down to sleep tonight u think about this: it could be your mother, wife or sister. How would u feel then? I say my prayers every night and ask God for guidence, grant the lawyers the wisdom and the ability

    d to live with pain, abcesses, for 6 yrs. I got on disability and had it removed last june. I am still having pain, am in physical therapy. Apparently I am on the lowest tier for compensation. Only 1 revision. I haven’t had sex in 7 yrs, when those dating commercials come on TV it brings tears to my eyes. My Dr says I may always be like this. So no sex forever? I have lost everything that was important to me: my husband, my farm, my animals, my livlihood, and at times my sanity. If a man had a procedure that caused his

    • Jane Akre says:

      Cheri-

      Your story is very sad but unfortunately very typical… Where are you located?? Perhaps there is some help in your area and/or some patient advocates.. Please respond,,,~ jane akre

      • cheri says:

        Hello jane, thank u for replying to my post. A MS is responsible for ruining my life. I called the company that is handling my case. I was told to not believe everything u see on the internet. Wth? All these women just got together and made all this up? I was told the settlement was low due to women already having these problems prior to the mesh put in and it is hard to distinguish between the before and after my. That is total bs. As a nurse I have put numerous bladders back in. I’ve put mine I , my aunt put hers in. It does not hurt, it is gross, some feelings of pressure, but not constant pain, abcesses all the time, pain radiating to all areas of the body. All of that is the mesh doing it. I’ve seen a lot of death and disease processes and I know that u don’t have all of those symptoms with pop. Do they think we r stupid? 40,000 is a travesty to us who have suffered for yrs with this. To still be in pain and no sex maybe forever, and they think 40,000 will be enough. That will in no way pay for medical bills that r already in collections. My credit is ruined, my body is ruined. 40,000 and the lawyers take their cut of 40%, then a medical lein is satisfied, the feds their cut of lost wages, and u r left with practical nothing. What can u do with 10-15,000 dollars? I am sick with dread that they r going to offer that slap in your face sum to me. That was my light at the end of the tunnel. That was the one thing that kept me going through out this mess.

        • cheri says:

          Jane I live in kentucky. The multi district is in w virginia. What happens to us if we don’t accept the settlement? Where do we go from there?

  14. cheri says:

    Yes I pray for god to grant the layers the wisdom and the ability to do the right thing so we can become whole once again.

  15. Dan Bolton says:

    Thank you for the positive comments. I’ve spoken to some of those who have left their thoughts and it reinforces my feelings that the client’s interests must always come first.

  16. msm says:

    Finally, the US Senate is looking into the “Secret Settlements” in product liability. Here’s an article about the proposed “Sunshine in Litigation Act”.

    http://www.newsinferno.com/senators-introduce-legislation-to-limit-secret-settlements-in-product-liability-cases/#more-49002

    Maybe it’s too late for us, but we can talk to our senators and demonstrate our situation and how these secret settlements and confidentiality clauses are harming victims and helping guilty companies hide bad products and continue to market them. Plus, how fair is it for a victim to have to conceal the settlement from everyone. Even if it’s a family member who breaks the confidentiality, the settlement can taken back. It’s like we have something to hide for the rest of our lives.

  17. Kitty says:

    Its so interesting how many of us are RNs. When I was working in Home Care and out in the field,k I cared for many an OLD Women (and I mean some were in the throes of Dementia) who had the NEW DEAL in pelvic surgery done by one of the Pioneer DR – in transvaginal mesh. I myself was prolapsed in 3 ways and wearing diapers The NEW AGE guy was turning the old gals out by the dozens. I cant remember how many homes i went to the taught the ladies how to emply their super pubic cath and and clamp et al,.
    . I had already scheduled an appointment with one of the top MDs in pelvic repair going in abdominally. I was so impressed with the NEW Doc that I called my appointment off for the traditional surgery and went with the Pioneer. OMG what a mistake. More to come on logistics

  18. Sandy says:

    Excuse me ladies and gentlemen but ” MY ASS””!!!!! I was not hurt before the mesh was put in. I had no previously problems with pain or activity!! My medical records show that! I could work 8-12 hours a day. I could run, hike, ride bike and many other things before the mesh. I wasn’t on pain meds that I was told yesterday are very hard on the liver! So for an attorney to give the excuse we had problems before so it is hard to determine the before and after is a snow job by your attorney and the medical companies. It never ceases to amaze me the statements that come out of some attorneys mouths! I did change attorneys. I need someone with lots of experience not someone who just has a few years behind them. Someone who is mature enough and can not be scared off by theses big companies. Someone who has my best interest at heart and not just a big pay date for himself. Someone who will fight for me and not play into the game that is going on now. The game of tell them this is all it is worth and then scare them into accepting the settlement. The game of trying to dismiss or disminish how bad this has been for us. It seems almost insane what is happening to women and it has to stop. I doubt we can be the ones to do it but it is an American shame to us women to be treated like we have been from people we thought we could trust. I would love the people of my state to hear what has happened to me. Everyone I have talked to hates big medical companies. They even ask me how can you put a price on what has happened to me. I tell them all I can do is trust my attorney to do right by me and not sell out. But if it would ever go to trial here I would get a lot of money I know that, for I know the people of my state!
    Ladies you don’t have to be treated unfairly by your attorney or doctors. Tell them you want another opinion, tell them you will fight to the death for your rights. At least it will make you feel better. Yes, I am having a better day and some days I just lay here and cry. Some days I have had thoughts of ending it. I know God is protecting me but, I do live in the real world and there are more bad days then good. Just to know there are attorneys like Mr. Bolton give me hope. Hope that someone will hear us and fight for what is right. AMS has destroyed my life and nothing will ever be the same again. I have been emailing all the talk shows and the news broadcast. No one has gotten back to me and more than likely wont. But I can say I tried. I tried to help myself and the women who did not deserve to have everything taken from them. The problem is none of us can ever go back now. The damage to our bodies have been done and we can never go back to normal again. It depresses me and pisses me off both at the same time. They had no right to do this and treat us like lab rats. They kill lab rats once they have used them all they can. Will we be next? With what all/some of us have lost they have in a sense killed us to. For living with the pain and everything else we must endure through this it is like dying to us.

  19. Lydia says:

    Sandy – I wasn’t aware we could “change” attorneys if we are unhappy with their representation. If you or anyone can give me info on how to do that, etc. that would be helpful. There is one firm in New York – Bernstein Liebhard LLP who seem really “on top” of what’s going on. Does anyone know about them or can offer an opinion on how they stack up against others like Slater & Mazie, Motley Rice etc…??? This is what Bernstein’s recent press release said:

    “About Bernstein Liebhard LLP
    Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. The Firm has been named by The National Law Journal to the Plaintiffs’ Hot List, recognizing the top plaintiffs firms in the country, for the past 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since it was first published in 2003.

    Bernstein Liebhard LLP represents the victims of defective drugs and medical devices on a contingency-fee basis, and our clients are never expected to pay attorneys fees unless their case results in a successful recovery on their behalf. New York State’s contingency fee cap rules generally limit those fees to 33 1/3% of the total recovery. As a result, the Firm’s fees can be significantly lower than those assessed by attorneys in other states, which depending on the law may amount to as much as 40% or more of a plaintiff’s recovery.”

    • Kitty says:

      If i am no mistaken ————-I believed they were amenable to the Rice deal,.

    • pam says:

      ohhhhh yes, lydia, you can change attorneys, and they after telling you they do not care what hell you are going through with doctors and NURSES, and also putting you through hell, have these very sweet words that we are going to drop your case because , WE FEEL THAT YOU DO NOT TRUST US. AFTER THEY HAVE BEEN SO CRUEL ALSO AND TOLD YOU THEY DID NOT CARE, THEN, WHEN YOU TRY TO FIND ANOTHER ATTORNEY BY THE DATE THEY GIVE YOU, YOU FIND OUT ALL OF THEIR COLLEAGUES, WILL STAND WITH THEM AND NOT TAKE YOUR CASE,
      KNOWING , YOU deserve justice and compensated more than some, as they want you , like doctors and NURSES DO TO THINK THEY ARE GODS, (AS THEY GET VERY LITTLE FOR YOU AS HAS COME OUT. so their friends and investors do not lose money, with chemical companies. that today is american justice. THEY TAKE YOUR STORY, YOUR PAINS AND SUFFERING, and do you just as dirty as those that lied to you about bladder mesh, they turn the tables on you. to what make room for those implanted more recent, to get money that they do not deserve, what nurse doesn’t know and had not heard of pain and suffering women were going through, and yet they had the mesh put in, and maybe just a front part , that their friends and colleagues can remove it easy, before it goes as far as some us old people , as 1 woman called us that was young with mesh, . not suffered as we old people have suffered. . WOULDN’T THAT MAKE YOU ANGRY? even more as 1 nurse said her husband left her, so many of us women have no family, no one to go into doctor’s office, families turn against you, THAT TOO IS BIBLE, AS YOU OF LITTLE FAITH. but to suck up and kiss up to evil, in power as those in medical and evil , especially when they tell you , to shut up, , you cannot talk to anyone about mesh,because they know the only place to turn to finding out are those suffering as SOME of us have. those that lied to us, and covered up truth go on with their lives, as they took ours from us, and they as attorneys say they do not care. LIVE IT, TO TELL THE TRUTH , ABOUT WHAT TRULY HAPPENED , AS THE MESH MOVES AND GOES THROUGH SO MANY DIFFERENT STAGES FROM BEGINNING , AS IT MOVES , PAINS MORE SEVERE, BLEEDING FROM MESH CUTTING THROUGH , AS IT DID, IN THE BEGINNING, WHEN YOU BRUSHED IT OFF, WHEN PAINS HIT AND TOOK YOU OFF YOU FEET FOR OVER AN HOUR SOMETIMES,, THEN PROGRESSES TO MORE SEVERE CONTiNUOUSLY , NEVER STOPPING,
      OBTW, LIVE THROUGH, SO CLOSE TO BEING MURDERED, IN A SMALL RURAL AREA, AND SO close to being murdered, it is not funny. not born in a state, where media covers truth up, especially when judges and attorneys, and yes even a family that has a lying nurse in their family, lies told. their favorite words like doctors and nurses say, when they have lied their self, is that that person is crazy, you cannot believe them. where those in law and power can cuss you in and out of court rooms , when you try to expose them, THEY harrass you , SHOPPING AND ALSO HAVE THOSE THAT DO THEIR DIRTY WORK FOR THEM .and then they throw up in your face they have you on tape cussing them and calling them what they are, but don’t tell the whole truth . because the family had law officer, medical, and attorneys , judges, and more to cover for murder. THEY DO NOT STOP AND YOU NEVER ARE ALLOWED TO SPEAK IN COURT TO TELL THE TRUTH, OR QUESTIONS NEVER ASKED TO SHOW LIGHT OF TRUTH. LIKE WHAT IS BEING STOPPED IN COURTS WITH MESH .CASES. WHAT IS HAPPENING WITH BLADDER MESH TRIALS, i HAVE SEEN HAPPEN BEFORE. /\. I cannot help but wonder how many on bladder mesh web sites are some of those like I have faced, it took years of searching for truth, but when you hear with your own ears, and see those in power and how evil it works, you know how some can get by with murder in america today. media cover up, will not expose corruption and allow truth, the whole truth to be told, I GOT TO LIVE TO TELL MY STORY, , (still lied and covered up) karen swift from another state did not. EVEN MEDICAL , THOSE THAT WE ARE SUPPOSE TO TRUST, . TELLING THE TRUTH AND NO LIES, IS NOT A SIN, EVEN JUSTIFIED ANGER. NOT A SIN, BUT WHAT THEY HAVE DONE GOES BEYOND,>>> MURDER. WITH LIES.

  20. Sandy says:

    Best thing to do is call them and talk it over.if they agree to take our case they should tell you. I called the attorney. Thought was outstanding, talked things over. He said he would take my case. He advised me once I advised my present attorney that I no longer wanted him as my representative then we could go forward but would have to fire my present attorney first. They would take care of the rest. I am extremely happy I did this. No one knows the right moves to make but at least he doesnt make me feel like a bother rather than a paying client. He has outstanding credentials and I hoping he is the Mira le God wants me to have!

  21. insultedinwashington says:

    I am currently waiting for the official settlement offer from AMS. I have already told my attorney I won’t take it and she says” well look it over it is a very good and fair offer.” She has obviously lost her flipping mind if she thinks any part of this is fair. I am now in contact with another lawyer to discuss the ethics issues behind the negotiations and this settlement. Praises to Mr. Bolton for publicly speaking out I truly hope your words bring shame to the attorneys of Levin Simes LLP, Motley Rice LLC, Blasingame, Burch Garrard & Ashley, PC and Clark, Love & Hutson, G.P. These attorneys need to be shamed for selling out their clients like they have done.

    • msm says:

      In the latest order entered by the federal court for MDL 2325, it only lists the following three firms:

      “Motley Rice LLC, Levin Simes LLP, and Blasingame, Burch, Garrard & Ashley P.C.
      (collectively, “Plaintiffs’ Counsel”) have entered into separate settlement agreements with
      American Medical Systems, Inc. …”

      It’s an interesting order naming a “Special Master” who we will also be paying.

      http://www.wvsd.uscourts.gov/MDL/amsinc/pdfs/PTO_175.pdf

      So does that mean that clients other attorney’s are not part of this settlement?

      • insultedinwashington says:

        Only the clients of those four attorney offices are included in this current AMS settlement , to my understanding. Four offices covering over 20,000 victims just seems phenomenally unreal. My question is this… with all of the AMS Bellwether trials being cancelled or indefinitely postponed what happens to the rest of us on the AMS list? I am starting to think filing a case locally is going to be the better option.

        • msm says:

          What about the statute of limitations? So much time has been wasted.

          • insultedinwashington says:

            My statute of limitations runs out in July and I have been with my attorney for 10 months waiting for my claim to be filed and it is still not filed with the court. Yes, I am starting to get a little nervous and stressed, that is why I contacted a new lawyer today for a consultation.

  22. Sandy says:

    I have heard nothing about a offer and I too am a victim of AMS

    • msm says:

      The only info I get is directly from the Federal Court website for MDL 2325. I don’t understand everything, ut at least it gives me something to do! I thought the Bell Law Firm that sponsored the article on this website was involved with the settlement, but they aren’t listed. Hmmmmmmm……

    • insultedinwashington says:

      If you are with one of the four attorney offices that are listed you should have been contacted. I am told that the official documents regarding the settlement will be sent out any day now. I am sure they will come with a whole list of warnings to keep it hush-hush and not disclose anything but I am more likely to post the whole dam thing on the internet.

      • msm says:

        I think those are only 3 firms:
        Rice
        Simes
        Blasingame (et al)

        • insultedinwashington says:

          Yes I see that in the order. I guess the fourth must have declined, wish mine would have.

          • msm says:

            So I wonder since that drops the number of clients, will the settlement be for the same total? $830 million?
            It seems like it would have to be a whole new settlement offer. And the plot thickens……….

  23. Kitty says:

    Has anyone heard from Jade——a previous blogger? Is she the same person as the Para legal at Motley Rice or is that a different Jade?

    • msm says:

      I don’t think it is the same Jade. Look at comment # 10 under the “Endo Offers $830 million…” Unless she was playing both sides.

      • Kitty says:

        It looks genuine—hope she is OK I get a bit paranoid

        • Kitty says:

          FDA site has only 111 comments. People must be afraid to speak out—
          “THE ONLY THING TO FEAR IS FEAR ITSELF” Franklin Roosevelt.

        • jade says:

          Hi, Kitty – Thank you for concern. I did respond to the comments about “Jade” at Motley Rice, but my blog never appeared as it is “under moderation” – for no reason that I can see! Maybe this one will be moderated also. It’s very sad that regular bloggers here are becoming paranoid and turning on each other.

  24. jade says:

    Hi, Everyone – I wasn’t aware there was a “Jade” at Motley Rice – thanks for info. Anyway, I don’t have much to say and am awaiting the outcome of this AMS settlement. It seems that most of the attorney’s think this is good and fair settlement. I just canNOT get my arms around that – as I know first-hand of the pain and suffering both physical and emotional. I am not an AMS victim, but I feel for those who are. It is my belief that we, as individuals, can opt out of the settlement and tell our attorney we want to sue independently. However, I think that would most surely be a LONG, LONG process. The Courts will never allow us to get hundreds of thousands each because with 70,000+ cases that would put the medical manufactuers out of business. The bellweather trials gave us hope and faith in the system with their grandious (and deserved) settlements – but, reality has stepped in and taken that hope away. And, YES, the attorneys are enjoying the victory, money and fame. Very, very UNfair. “Justice is (truly) blind” when it comes to the transvaginal mesh MDL’s.

    • Kitty says:

      Hi Jade I’m glad you are with us. J&J has net worth of –I believe 65 billion. For a woman that has has/had extruded mesh and surgeries–nerve damage and limited endurance and on pain medication–a decent settlement should be forthcoming. I am more optimistic about it. I think there will be tiers of justice.

    • pam says:

      ADD ALL OF THE BILLIONS THEY MADE OFF MESH, then add all of the millions they paid political people in campaigns, then add all the billions doctors and nurses made off mesh and were paid that lied to women for years, that ripped off ins. make the doctors and nurses give back every penny that they got from ins, lying to patients. that would be in billions. and those that have suits in mesh courts , that did not suffer at all, but attorneys filed cases for them anyway to get blood money again on lies. all the politicians and media that would not expose because so many investors would loose all of their bloody greedy lying money, not caring about people that they murdered,.

      send those that have cases that lied to prison for life, and their attorneys, take all they have got, new homes, boats new cars, from their families, bank accounts, . even money hid in other countries, , murder is a crime and so is perjury. get a judge truly honorable, not appointed by crooks to cover up , with justice for guilty, that will weed out those in those big business, law and medical , to give just settlements of the billions maybe trilliions that all corrupt and liars made, even those news media that refuse to allow truth to be told, as 1 radio, talk station refused me to tell the truth and expose those corrupt in this rural area known for murder , cover up, and those men and women in power here. . lies you can tell, propaganda you can report, but truth, not allowed same in court rooms throughout america today. settle for no less than the billions most probably trillions that evil got their greedy , bloody hands on so evil in lies, tobacco got it, we want billions they made on lies to us, all of them. and those paid off not to tell, fda, and media.

  25. If a person is disable,and they have suffered more ,and are weaker ,it ovesley causes more pain ,and diffuctley getting around ,if you suffer an have more pain due to that ,shouldn’t u get more. Compinsastion, because harderbto get around ,go to the doctors ,a already hard life more painful then a normal person,,,,and if on government insurance do they get paid for all surgery’s due to the mesh ,are they reimbursed sense government an fda are together on my pain an suffering , they robbed me of two yearsf my life why should they be reimbursed ,for doing it ,my dissbelity will be cut because what I get will pay to correct the damage and will have to live on that not Abel to work ,could not afford help at home ,laying an suffering ,what is legally done in my case ,do they get paid for what I went threw ,then lawyers and what will be left to help me at the end of the settlement

  26. msm says:

    According to a court order on the fed court site, they hired Garretson Resolution Group to handle all of the subrogation for insurance reimbursement. The following link has answered a lot of my questions about SSA andMedicare and how all of the insurance reimbursement is handled. I hope this helps.

    http://www.garretsongroup.com/claimant-education/will-settlement-affect-government-benefits

  27. Lana Keeton says:

    “Sponsored Content” means Mr. Bolton paid Jane Akre to post his comments. Think “advertisement”. Please be aware that this is a for profit website and always has been. Please read accordingly.

  28. Jane Akre says:

    Hello All- My credibility has been questioned here which I find offensive and will take the opportunity to clarify. “For Profit” is not accurate. I have produced this site as a loss leader for nearly three years now and it has personally cost me thousands of dollars, which has never been reimbursed. I cannot continue without some compensation. I’m very grateful to the folks who have sent me some funding through my Paypal site on the first page (lower right hand corner). They realize this site has some value. Without some support it cannot continue. The advertiser model works for newspapers and television and has for decades as long as there is a firewall between editorial and advertiser- which is a model I follow. Thanks again to those who see the value here… You are true friends of Mesh News Desk.

  29. Mary pat says:

    Dear Jane and my fellow mesh injured friends, I was personally so appalled by Lana’s comment that I could not post last night. I had to let my anger calm down. This website has served as a lighthouse and a lifeline for the mesh injured, myself included. The hard work, sacrifice and compassion that Jane has put forth to aid, educate and connect the mesh injured is invaluable. There are no words to express the measure of gratitude that I have for Jane and all that she has doen to advocate for the mesh injured. I’ve said it before and it is worth repeating. Jane has created a global community for the mesh injured. Her expert research and reporting has given us a legitimate source that we can direct people to to learn about mesh. Shame on anyone who dares to insult Jane for selling adds to keep this invaluabe website alive. That’s all I have to say. Support Jane by donating to the paypal account. We need her. The world needs her work. She is teaching the world about mesh. Will all you mesh i jured people support Janes work by expressing your gratitude in comments and donations? I

  30. Sandy says:

    Jane, with out you i would be so alone and in the dark! You saved my life! Who is Lana and who is paying her to bully you. Jane you are helping 1000’s of women have a voice and realize we can fight for what we deserve. Maybe that is what is making her mad that we are standing up and fighting! I am so sick of people beating up on mesh women. It would be different if you were out buying a million dollar home but every dollar you get, you are helping sick and injured women who with out this web site of support might very well give up. I have come close my self but this is my saving grace. To know I am not alone. Go find a new hobby Lana! Or better yet go have a mesh put in then come back and tell me later this web site is doing any thing wrong. Jane you saved my life, I told you that in the email I sent regarding my new attorney who might actually try hard for me. Because of you Jane, that happened. God bless you my friend!!!!

    • Jane Akre says:

      Thank you Sandy… the person you speak of is actually a leader in the mesh movement from years ago and should probably continue her good work. She has saved lives as well. Please visit her website. She is mesh injured, badly injured. I wish you well with your new attorney and on finding justice though no dollar amount will ever be enough! I hope you are getting the help you need medically as well…As always if you find a good practitioner, please share on FB. I do not endorse anyone and am not mesh-injured so that would be foolish. Kind people like you keep me going… thank you!~ ja

      • Kitty says:

        Jane—keep up the good work Well done —and dont leave us—- Good Nite.

      • mesh injury person says:

        There is a doctor name Mickey kram who works at Christ hospital in Cincinnati, ohio his number is 513 4632500 and he is the best mesh doctor I know. He gets the job done. Many people come to him from out of town please check him out.

        • Jane Akre says:

          Micky Karam is a long time recipient of dollars from device makers. He has a foundation for women’s health that is supported by mesh makers for a publication, outreach and studies. Proceed with caution!!!! I suspect the person above is from his office… Care to reveal yourself? ~ JA

  31. pam says:

    They have shown no mercy at all to so many of us women, none at all, lies in records and more, PURPOSELY PROVOKING SOME OF US TO ANGER, . AND WE HAD TO TAKE IT.

  32. Mark says:

    Mr. Bolton is apparently critical of settlements that he does not yet know the details of and he fails to explain even the most basic issues in mesh litigation, starting with the difference between SUI and POP cases. Will Mr. Bolton put in writing how much he will obtain for a client and when, if they now reject their settlement?

    • msm says:

      That’s a good question and the injuries with each can be devastating. Many women have both.

      POP and SUI are often mentioned together because SUI is often a result
      of POP. Mesh is often used for reinforcement in a colposuspension
      procedure for SUI. It is the same material used for other POP
      procedures.

      The FDA recognizes this in their safety advisory update as follows:
      “This is to alert you to complications associated with transvaginal
      placement of surgical mesh to treat Pelvic Organ Prolapse (POP) and
      Stress Urinary Incontinence (SUI). Although rare, these complications
      can have serious consequences. Following is information regarding the
      adverse events that have been reported to the FDA and recommendations to
      reduce the risks.” (In later advisories, the mid-urethral tape is
      mentioned separately as needing further studies.)

      The other product injuring women is the mid-urethral TVT. It is the same
      material as the mesh used for POP in many cases. The density and pore
      size of the mesh used for the mid-urethra tape varies from manufacturer
      to manufacturer. It also varies by the date of manufacturer as the
      companies try to “improve” their product. There are also different
      “kits” with different tools, approaches and methods of securing the tape.
      There are different levels of training provided to the surgeons by the
      manufacturers.

      If your purpose is to purport that the injuries from any mesh used to treat SUI are not significant consider this:

      Anyone who has suffered the erosion of this mesh tape into the urethra, into the bladder, and/or through the vaginal wall will tell you of the excruciating pain, the effects of infections that cannot be eradicated, the return of incontinence, the scarring, the sexual pain and dysfunction, and the further procedures and surgeries to remove the mesh will tell you that the damage is permanent. Often, the incontinence returns and may be worse than it was prior to the TVT procedure. The only hope is that further surgeries might help to relieve some of the symptoms but this frequently doesn’t work. Talk to the partners who have received penile pain and/or abrasions during intercourse and have endured long periods – even years- of abstinence while watching their partner suffer with her injuries. They’ll tell you it is devastating and life-altering.

  33. Sandy says:

    Mr. Bolton is at least the first attorney who says we deserve as much as the juries are awarding! The last 3 paragraphs explain his defense and support that women deserve more than the

    • Mark says:

      We’d all love to compensate the severe injury cases with millions of dollars, but that is unrealistic. As an attorney, we have to fight for our clients which includes explain the realities of the legal system as well. We need help to change the legal system to help people more than it helps corporations, but unfortunately, most of the country keep electing anti-justice leaders.

      • Jane Akre says:

        Mark- Readers of this site have gotten a real-life lesson in “tort reform” and those who would like to close the path to the courthouse door. While many people jump on on the anti-lawyer bandwagon and happily accepted the ‘ambulance chaser” and “jackpot justice” rhetoric, they did not realize they were sealing their own fate. Now they realize who was behind the campaign- those with the most to lose!!!
        The asbestos industry, Big Tobacco, Big Pharma…It was a clever campaign and it worked for them! Not for the average citizen….

      • pam says:

        Mark, I agree we keep putting into office those that lie to us, and come across as nice , good people for the people, BUT, they forget to say, I am an attorney or someone else that works in law offices and courts, and I am going to put in articles and amendments that tear truth and justice all to pieces, so that courts can do what ever they want in and out of courts , above the laws of america, we can stop truth from being told, or we can allow it, we can pick those on juries that will obvious go against innocent, like those with mesh, and make it appear we are doing our job, but really we are helping the big rich people and big business and poilticians that put us into office. YOU KNOW THE OLD CON UP PLAY DOWN PLAY, KNOWING WHO WILL SEE OR NOT SEE TRUTH AND JUSTICE AS GUILTY WALK OUT LAUGHING, I have seen it all for sure, as guilty testified in court and I was not allowed to say 1 word ever, they won. AS a corrupt woman in local court house , after court, I SAID THIS IS NOT RIGHT, WHAT WAS DONE TO ME AND THEAT JUDGE KNEW THE ATTORNEY WAS LYING, WHEN HE WAS ASKED THE SAME QUESTIONS 4 TIMES AND ANSWERED DIFFERENT EVERY TIME, TO FLEX THEIR EVIL POWER MUSCLES TO LET ME KNOW THEY WERE ALL ABOVE THE LAWS PROMISED IN USA, FOR TRUTH AND JUSTICE. i have lived it and I have seen it, as she sarcastically said to me, that judge can do anything he wants to do to you, I SAID EVEN WHEN YOU ARE NOT GUILTY, she said yes.
        Same thing I am seeing with mesh, yes it should be according to damage and pain, but even more the pain and hell of going through hell trying to find out from doctors and nurses that lied and covered up. What attorney would not care what their clients are going through and tell a court , of not just pain and suffering from mesh, but more , it took and destroyed our lives , took time we needed to be at hospitals with our kids, and more, it destroyed our lives and took so much time off our lives , it consumed us going from 1 doctor to another , lying and getting records , and over and over, how many doctors have I seen for mesh in going on 6 years, how many before I was told by 1 doctor truthfully the mesh protruding out, and more begging for just what we need to help non stop infections just a little time relief before another damn infection starts up not just 1 some dealing with 3 that was not there before mesh,
        IT’S BEEN HELL CAUSED BY EVIL PEOPLE AND GREED, I KNOW THE WORDS WRITTEN, WOE UNTO YOU ATTORNEYS AND LAW MAKERS THAT PUT BURDENS ON THOSE PEOPLE THAT YOU YOURSELF COULD NOT BEAR, THESE BURDENS ARE HARD TO BEAR PUT ON BY THOSE RICH AND POWERFUL, ALL LINKED WITH COURTS TOO AND MEDICAL. OH BTW, i am not crazy as some say, I ALSO KNOW RIGHT FROM WRONG, LOOKS LIKE SOME OF THOSE THAT LIED TO US , NEVER DID LEARN THE DIFFERENCE OF RIGHT AND WRONG. TO THEM IT WAS GOOD THEY MADE THEIR EVIL BLOOD MONEY, BUT WRONG THEY WERE CAUGHT, IT IS ALSO CRIMINAL TO DO WHAT THEY DID TO HUMAN BEINGS, POLITICIANS TOO. CAN YOU STAND ON TRUTH ATTORNEY MARK? i CAN.

  34. Sandy says:

    Sorry hit the wrong button!– the numbers being thrown around. He seems to be an attorney who is defending his clients and in fact all women on the suffering they have had to endure and what fair compensation is. As far as the difference I am sure there is a difference between SUI and POP. HOWEVER, when it is all done and said the once constant that we as women have is the pain and all we have lost! I have lost both the doctors i have seen in Sioux Falls sd because they don’t know how to fix me or help me! They won’t help me because they are afraid! Afraid of being sued. At least Dan is not afraid to speak his mind openly and defend us all. The attorney I had before just kept saying well based on the information gathered yours is not as bad as some others!! I know I have permanent nerve damage! I will live in pain the rest of my life. I have only had 3 surgeries now and I am waiting on a 4th. So apples to oranges we all deserve a greater amount than $40,000.00. I have told my new attorney what I know this is worth to me as I sit here every day and watch my life pass me by and slowly lose everything.

    Perhaps he does not know the details however, HOW CAN SOMEONE ACCEPT $40,000.WHEN JURIES ARE AWARDING MILLIONS. maybe these women only had the mesh put and taken out. Maybe they have very few or no problems. maybe they can still work and are not in pain every day! There are a lot of maybes in the mesh cases. But anyone with common sense will ask the same question how can a good attorney with his clients best interest at heart sell them out for this amount of money?!!! And the final settlement that I accept will be between my attorney and me. But I can tell you hell will freeze over before I settle for pennies and that is what even $100,000.00 will be by the time I pay the medical bills and attorneys fees. They have made it in possible for me to ever work again and I had 17 years of working yet to do. Someone needs to pay me for what I lost! The juries, simple every day people get this! And that is why the big verdicts. Women deserve so much more!
    Before criticizing him I think you should look up his web site and see how hard he has fought for women and people in general who have had to fight big medical. I think you should look at his reputation and what he has accomplished for his clients. He even gave an article on the 501 process that helped to get these terrible products that hurt women on the market.

    To refresh your memory Mark

    Juries understand these cases and recognize the harm caused by defective mesh used for pelvic organ prolapse and stress urinary incontinence. The verdicts reflect that understanding–close to $18 million in compensatory and punitive damages in just four cases, with only one loss in a circumscribed case decided by a judge. While the jury system is inherently unpredictable and any trial is risky, these results underscore the strength of transvaginal mesh cases. Overall, this extraordinary track record in court enhances the settlement value of the cases.

    It is important to remember that transvaginal mesh devices were never approved for safety and efficacy by the FDA. Rather, the mesh manufacturers relied upon the 510(k) process to quickly get devices marketed in the United States. The 510(k) process determines only whether a new device is “substantially equivalent” to a legally marketed “predicate” device.

    As I discussed in another article, the 510(k) process is fundamentally flawed. Transvaginal mesh devices were marketed based on claims of substantial equivalence to predicate mesh devices that were never reviewed for safety and effectiveness. Any settlement negotiations must start with the recognition that the device manufacturers have never convincingly established safety and efficacy. The jury verdicts are consistent with this fact.

    Hopefully, the settlement will be clarified for the thousands of women it affects as well as the plaintiffs whose cases will remain in the MDL. Transvaginal mesh devices have caused immense suffering for women and any settlement must fairly compensate each woman for her injuries. We owe it to our clients to vigorously defend their rights, and fight for fair and just compensation for their injuries.

    He is the first attorney who has come forward and defended women’s rights to be compensated fairly! Any women who has had a mesh put in deserves so much more. BUT UNTIL YOU HAVE SUFFERED YOU CAN NEVER IMAGINE THE HELL MANY OF US LIVE WITH EVERY DAY. Even once the settlements come through that is not the end for us. We will live most of our lives diminished due to what the mesh did to us. He did explain mesh litigation and why he believes we deserve so much more!!!! SEE ABOVE
    I am glad Mr.Bolton came out with his statement, I am glad for once to hear a man defends women for once rather than say its not that bad or it’s not worth that much or its all i. Your head. It is funny to me that according to the attorney Per my doctors i did have I did not have that much injury and yet Dr. Hibner would not even accept me until he was sure I had PND. My doctors were ashamed to stand up and say we cant help you we we are not sure how to, thats even in my medical records. Dr. Hibner would not have me fly there unless he thought he could help me some. PND is very painful. you cant do anything including go to the bathroom with out pain. the mesh did this to me and Dan Bolton understands the damage that has been done. he understands years from now that a new condition from the mesh could come up, but if you have settled already tough luck darling! No good attorney will lay all his cards on the table, however it is nice to see an attorney with respect for women, the drive and the common sense to say no, this is not acceptable to treat woman’s worth as so little. I pray that he gets for his clients what each one deserves and I believe he will

    SORRY FOR THE LONG POST I AM JUST PASSIONATE ABOUT THE SUFFERING WOMEN HAVE HAD TO GO THROUGH AND THE FIGHT WE MUST FIGHT EVERY DAY. I WANT EACH ONE OF YOU TO SEE BRIGHTER DAYS AHEAD. NO MATTER THE DETAILS OF THE SETTLEMENT IT IS A SLAPPY IN EVERY WOMAN’S FACE!

  35. Sandy says:

    Why is it unrealistic? These companies make billions of dollars each year. Oh my gosh maybe they won’t get the hundreds of dollars of bonuses this year. Maybe they won’t get the big raises this year. I am so sorry for them!! Ya right. While their victims lay in beds and suffer and lose homes, jobs and families. Excuse me if I don’t feel sorry for them. May be they should be put out of business or made to go bankrupt. But they won’t! You see they have an endless supply of money unlike mesh victims. I challenge any male to go through what we women have. But as always from the beginning of time women are not worth anything according to the actions and words of many men. And once again my point has been proven by a male attorney.

  36. msm says:

    Mark, you posed an interesting question and the injuries with each can be devastating. Many women have both.

    POP and SUI are often mentioned together because SUI is often a result
    of POP. Mesh is often used for reinforcement in a colposuspension
    procedure for SUI. It is the same material used for other POP
    procedures.

    The FDA recognizes this in their safety advisory update as follows:
    “This is to alert you to complications associated with transvaginal
    placement of surgical mesh to treat Pelvic Organ Prolapse (POP) and
    Stress Urinary Incontinence (SUI). Although rare, these complications
    can have serious consequences. Following is information regarding the
    adverse events that have been reported to the FDA and recommendations to
    reduce the risks.” (In later advisories, the mid-urethral tape is
    mentioned separately as needing further studies.)

    The other product injuring women is the mid-urethral TVT. It is the same
    material as the mesh used for POP in many cases. The density and pore
    size of the mesh used for the mid-urethra tape varies from manufacturer
    to manufacturer. It also varies by the date of manufacturer as the
    companies try to “improve” their product. There are also different
    “kits” with different tools, approaches and methods of securing the tape.
    There are different levels of training provided to the surgeons by the
    manufacturers.

    If your purpose is to purport that the injuries from any mesh used to treat SUI are not significant consider this:

    Anyone who has suffered the erosion of this mesh tape into the urethra, into the bladder, and/or through the vaginal wall will tell you of the excruciating pain, the effects of infections that cannot be eradicated, the return of incontinence, the scarring, the sexual pain and dysfunction, and the further procedures and surgeries to remove the mesh will tell you that the damage is permanent. Often, the incontinence returns and may be worse than it was prior to the TVT procedure. The only hope is that further surgeries might help to relieve some of the symptoms but this frequently doesn’t work. Talk to the partners who have received penile pain and/or abrasions during intercourse and have endured long periods – even years- of abstinence while watching their partner suffer with her injuries. They’ll tell you it is devastating and life-altering.

    • msm says:

      NOTE FOR MY COMMENT ABOVE:
      I didn’t mean the ONLY thing injuring women is TVT!!!. I was only addressing what he seemed to be referring to. I didn’t proofread very well (obviously)!

  37. Sandy says:

    It’s ok msm and thank you and you are right on. You are always so good at posting. Thank you again. You see I have PND and it was due to the TVT mesh. It has damaged the nerve and of course I have everyone of the symptoms that are listed. I wish I didn’t. It is summer time and all the fun with family and friends I will not be able to experience this year. I just pray for next year. Thanks again msm, you do great

    • Mary pat says:

      Sandy, I also have PND. I would love to talk with you about Dr Hibner. Can you get my cell number from Jane? I really need to talk to someone who had been through this!

      • Carly says:

        MARY,

        I HAVE PRUDENAL NERVE DAMAGE AND HAD SURGERY JUNE OF LAST YEAR AND STILL IN SO MUCH PAIN. MY DR SAID IT WAS FROM THE MESH AND I HAD AN ENTRAPMENT. GOOD LUCK MARY.

    • Mary pat says:

      Sandy, I feel your pain. I wonder how many of us are sentenced to a lifetime of nerve pain?

      • Carly says:

        I KNOW I HAVE IT…NERVE PAIN AND ALREADY HAD SURGERY ON THE PRUDENDAL NERVE…..IT IS PURE HELL. PAIN..PAIN…PAIN..PAIN THAT IS ALL I CAN SAY. THIS IS THE WORST PAIN OF MY LIFE.

  38. Mary pat says:

    Tort reform has not been legalized in all states! If they try to legalize it in your state, vote NO!

  39. Sandy says:

    Mary Pat I will give send my number also to Jane. PND is horrible. I would be happy to talk to you.

  40. Sandy says:

    http://tvm.lifecare123.com/vaginal-mesh-debacle_11076.html
    here is a very interesting article from Gregg Vigna he states

    The medical remedy for a mesh related complication is much less defined, poorly studied, and is developing as the mesh debacle unfolds. Remember, the most catastrophic complication of the transvaginal mesh debacle is pudendal neuralgia

    Wow and how many of us have this!!!,

    • Carly says:

      Hi Sandy,

      I have Pudendal Neuralgia and it is the worst pain that I have EVER FELT IN MY LIFE!! I had surgery June of last year. My Dr told it could take up to 5 years before I feel better and when I hit my 5yr mark however I am is how I will live my life. I pray to god that I’m the only one with this because the pain is so BAD there are days I don’t even want to live….SO SO BAD. IF YOU HAVE THIS YOU WILL SURE KNOW IT…….YOU CAN’T SIT, STAND, WALK,DRIVE YOU KNOW LONGER HAVE A LIFE. LETS NOT FORGET ALL THE PAIN MEDS YOU NEED TO TAKE. MAY GOD BLESS ALL THE WOMEN THAT HAD THIS MESH PUT IN THEM!!!!!!!!

  41. Mary pat says:

    Carly, I feel your pain. It is the worst pain ever….

    • Kitty says:

      Hi Mary Pat—it looks like you were up very early–unable to sleep—most likely in pain Actually I was up early this Am–in so much pain–but I refused to take a pain pill I got back to sleep but had the most sinister dream–I dreamt I was on an old bus with a bunch of other women–but I was the outsider. I have read in dream books that when you are waiting for a bus and then get on it implies that you are not in control of your life–others are. I feel that way—- It took me awhile to shake the feeling I had—then I finally took my pain pill I cant ride my ladies bike anymore–can you believe I cant get off the bike–i fell twice cant lift the leg–over the low bar anymore

  42. Mary pat says:

    Hi Kitty, I can’t ride bikes either. Before mesh I was an avid cyclist. I rode both road bike and mountain bike. Thanks to mesh, I can’t sit on a bike seat. The only time I tried to ride post-mesh it literally felt like I was sitting on a saw blade that was sawing at my urethra. I even bought a pedaling exercise machine for my total gym. I thought if I was laying back pedaling I could at least get a cardio work out. The pedaling, even without sitting, was too much movement on the damaged nerve. I hope anyone considering a mesh implant reads this. Mesh is a prison for which there is no escape. I wish there was a bus we could all board that would take us to a place where we could find healing. I loved cycling. Having that taken away has really broken my heart.

  43. Sandy says:

    Carly who did your surgery

  44. jade says:

    Unfortunately, we are all victims of this horrible experiment. However, I believe we have to move forward from blogging detailed comments regarding our individual pain and suffering. These are a FACT. If we are to attract bloggers (mesh victims or not) we need to post discovery of relevant information that will help our MDL’s. Venting coverage of our personal issues – over and over, again, will NOT help our cases. No one will support this site IF we do not research and post CURRENT ongoings. With the time it takes to post these repetitive personal issues of which we are all aware – each of us can do research into the issues surrounding this horrible crime against women. Posting the discovery of new facts will and issues will attract site sponsors and help Jane to continue her good work.

    • marilyn says:

      AMEN ..Jade
      marilyn

    • Mary pat says:

      Jade, so when a mesh injured person’s heart is aching and the overwhelming grief they are feeling from dealing with, yet, another loss that mesh has stolen from their life, it’s your opinion that the mesh injured should refrain from comiserating with the only people who actually understand our pain? You don’t want us cluttering up the site with posts about our journey? But rather, it’s your opinion that we should only focus on research and legal developments? That’s cold. Have you taken so many pain pills that you have numbed your emotions? I believe this site is a community for mesh injured to find others who offer understanding, support, encouragement and solace. It is also educational and it legitimizes our cause. It also unites the mesh injured so we can take action to stop the atrocity. I appreciate all that Jane and MND does. The research, education and patient advocacy are invaluable. Don ‘t discourage the mesh injured from seeking or offering comfort to one another. We are all trying to understand what the mesh is doing to us. Comparing symptoms and sharing treatments is very insightful. If you are concerned about Jane continuing her most excellent work on our behalf, send her a donation!

    • Kitty says:

      Hi Jade I guess I have to disagree with you Have you thought of some of the attorneys gleaning information from our blogs—just trying to understand what is really going on Obviously they are not joining in the conversation. Also I have suggested some ideas to to gain recognition ie: Did you know there is an AUGS convention July 26 in Wash DC This would be a good time for us to meet up and confront the Drs’ on what the reason is that they are still using polypropylene mesh. We would alert the merdia that we wll ber protesting. As i mentioned I am unable to attend this–but I have not heard back from anyone regarding this or the Cross country BUS to bring attention to our suffering., . Also I mentioned that one of the top AUGS dr is in my town putting polypropylene in patients I suggested we get a group and meet in front of his office with wagons filled with pads wipes catheters et al and notify media. I havent heard back I belierve many women ar4e afraid to post or reply. I was initially. Also msm Sandy and others as well as Jane as supplied us with some valuable information regarding whats going on and their thoughts about the settlements.

  45. Sandy says:

    Jade that maybe true but Until I found this site I felt terribly alone. I felt like I was the only one who knew what I was going through. Right now all I can do is wait for the courts, but I am also trying to heal and go forward. It’s nice to know which doctors can help us and which ones can’t so none of us fall victim any more.

  46. Sandy says:

    Mary pat I have sent my number to Jane but have not heard back I am here for you Hun. I just need phone number or you can call me. Thank you again everyone who has given me support and love and understanding. I really do need you guys. I can’t go on the bus ride to Washington Kitty but think it is a wonderful idea. Stay strong everyone and pray for us all.

  47. msm says:

    Judge Dismisses Surgical Mesh Lawsuit Filed Against C.R. Bard

    http://vaginalmeshlawsuit-lawyer.co/2014/06/judge-dismisses-surgical-mesh-lawsuit-filed-c-r-bard/

    Check with your attorney and make sure you know how he/she plans to present your case! This is the second case dismissed for not proving defect.

    • Kitty says:

      This looks like a male brought this case forward. I myself don’t know what their injuries are.

      • msm says:

        This is the same reason Carolyn Lewis’ case against Ethicon was dismissed. Failure to prove the mesh is defective. Difference is his was for hernia repair. Her’s was for incontinence.

        • pam says:

          msn, if the mesh moved and what the mesh is made of, is causing infections and pain, and they knew it , the mesh is the problem and reason for pain and infections, cutting through causing bleeding, how can anyone in their right mind say that the mesh is not defective and reason for pain and suffering that we are going through. THESE THINGS WERE NOT GOING ON BEFORE MESH WAS IMPLANTED IN OUR BODIES. it does not take a college degree to know that the mesh is defected, not fit to be put in humans but takes a liar and  or someone paid off big money to say that it is not the mesh that is defective. Believe me I have read what is in my records , it’s not what they say, sometimes, seeing their lies, of what went on in visits and exams, it is what they did not put in that puts the light of truth that they purposely left out. blaming who???? ME. IT IS MY FAULY THEY LIED TO ME, IT IS MY FAULT THEY PROVOKED ME TO ANGER, I WAS CRAZY , THEY DID NOT SEE MESH AT ALL PROTRUDING OUT THAT CUT THROUGH CAUSING BLEEDING, , IT WAS MY FAULT FOR TRUSTING AND BELIEVING WHAT THEY TOLD ME, THIS IS A MIRACLE SLING NO MORE LEAKAGE EVER AGAIN , i guarantee it. they knew , what that mesh was doing at 6 weeks exam they had too, but they made money for the chemical companies and their self , and lied just like the FDA did also. paid off, who cares? who cares? how many suffer and die from mesh? as even attorneys said, WE DON’T CARE WHAT YOU ARE GOING THROUGH WITH DOCTORS, AND DOCTORS KNEW THAT IMPLANTED MESH THE ATTORNEYS WERE NOT GOING TO GO AFTER THEM FOR CRIMINAL CHARGES. BET ON IT, AND TAKE THAT TO THE BANK. THEY ALL KNEW.
          THEY DO HAVE A PROBLEM WITH TRUTH, AND PUTTING WHO DID THE LYING KNOWING WHAT THE MESH WAS GOING TO DO TO THOUSANDS OF WOMEN, THEY TRIED TO KEEP IT QUITE, THANK GOD SOME WOMEN LIKE LINDA AND JANE AND SOME MORE HELPED ANSWER SOME QUESTIONS WOMEN TALKING WE STILL HAVE SOME UNANSWERED QUESTIONS THAT NEED AND SHOULD BE ANSWERED. .
          THEY WANTED TO GAG US TO KEEP US FROM FINDING OUT WHAT WAS GOING ON IN COURTS AND HOW TO GET HELP, WE ALL FOUND OUT WE ARE ALL ANGRY ABOUT WHAT THEY DID TO US.
          SURPRISED OF THE THOUSANDS, MORE HAVE NOT SPOKE OUT ON WEB SITES. HOW CAN YOU KEEP QUITE, KNOWING IF NOT STOPPED MORE WOMEN WILL SUFFER AS WE HAVE, NOT GOOD TO SEE YOUR HEALTH DETERIORATE BECAUSE OF MESH.
          who in hell, would say that the mesh is not defective that has caused these pain and suffering. who and what kind of person would lie like that ?

  48. pam says:

    Some times you have to make the right choices too, to speak up and out and warn women , not to have the mesh, it destroys your health and life , pain and suffering, even death for some, eventually all .
    If those that have been damaged by mesh , did not speak out against it, and do all they can to stop it, I WOULD HAVE TO SAY THAT WOMAN’S LIFE , THAT DOES NOT KNOW MEANS MORE. this mesh implant has got to be stopped, over those making billions off of mesh and lying to women. I remember the first woman in court, she said she was glad her court was over that she could now speak out, even that I do not understand, she knew women all over the usa were getting the implants, she did nothing to warn women , how many could have been saved the pain and suffering. if they had known.

    • Kitty says:

      I was just looking over the latest dismissal by CR Bard for the Hernia Mesh. What i never see on the hernia mesh is what is the damage caused by this defective mesh. The mesh is shrunk and tight. What did it do to him?. Who was his attorney?

      • pam says:

        Kitty, HOW CAN THEY SAY THAT MESH IS NOT DEFECTIVE , WHEN PROBLEMS AND DAMAGE COME THAT WERE NOT THERE BEFORE MESH IMPLANT> From what I have gone through, I BELIEVE IF YOU WILL LOOK AT YOUR RECORDS BEFORE MESH IMPLANT, WHAT WAS GOING ON WITH DOCTORS, even those that you had seen for years, it was known of mesh implant, and doctors paid to have those that were targets for mesh implant, I know it sounds unbelieveable, but as some us were, not saying all. Before I knew about mesh but infections and pain had started doctors lying being sarcastic, and cruel, paid off to use women as guinea pigs, conspired, I BELIEVE AS SOME WERE, WHY? the whole story of truth in my case, shines light that is why it was covered up and the news and politicians , in state would do nothing.
        REMEMBER HITLER LOADING PEOPLE ONTO TRAINS TELLING THEM THEY WERE GOING TO WORK FARMS
        TRUTH HE WAS SENDING THEM TO DEATH SO EVIL. LYING TO THEM. THIS in my records of what doctors did before mesh implant was to be sure , they had all of colleagues covered up, just as they tried to say the woman that had smoking of why her mesh moved, cough, but I asked how many women that never smoked , had sinus problems that coughed, had same damage. THOSE THINGS THAT WERE NOT HAPPENING BEFORE MESH IMPLANT.
        IT GETS DEEPER, that I KNOW FOR A FACT , POOR CHILDREN in the 60’s were also used for drug guinea pigs, ignorant to what charity hospitals were doing and those in medical that worked those hospitals, GIRLS USED FOR IUD, not being told or their parent, of implant as they were testing them before put out to public, those implants for women not girls still that were growing and their bodies that also caused pain and suffering but people did not know. but state leaders and those in power did. THEY DID NOTHING BACK THEN TO STOP IT, i know for a fact, drugs used on ignorant teens poor, warnings did not come with drugs then, why would any doctor in their right mind, put a child, on phenebarbitol, valiums, and daravons, all at the same time, increasing doses along on a poor teenage girl. states so evil that tell teenage girls in schools , we won’t tell your parents but we will give you birth control and more, without parents consent, but we will hold your parents responsible for your actions , of side effects of what they do not know that we are doing, who knows , medical , state leaders, that say and do nothing. confusion, violence, and more are side effects of those drugs,
        Same thing with mesh, people ignorant , believing in that smiling doctor and medical that mesh was going to solve their problem with bladder leakage, THE LEAKAGE SO MUCH WORSE, NOT LONG AFTER MESH IMPLANT, PLUS, LIFE TIME OF PAIN AND SUFFERING, GETTING WEAKER, THAT WAS MOST DEFINITELY NOT THERE BEFORE MESH IMPLANT.
        ALSO REMEMBERING THE WOMAN THAT ANGERED ME IN DOCTOR’S OFFICE, , she was in the back , where only patients and their husbands or boy friends also could go, I WAS HURTING SHE ASKED WHAT WAS i in pain with, i TOLD HER, hse said I have a case, I SAID YOU HAD MESH IMPLANT, SHE SAID YES, i said you are going through what so many women like me are, she said no, I SAID THEM WHY DO YOU HAVE A CASE WITH ATTORNEY, SHE SAID AN ATTORNEY TOLD ME TO FILE, i said why if you have no pain and infections and damaged caused by mesh, she really got me angry, I SAID WOMEN HAVE BEEN WAITING SO LONG EVEN FOR COMPENSATION TO GET MONEY TO GET TO DOCTORS DAMAGED SEVERELY BY MESH, AND THEN WOMEN LIKE YOU BOGGING DOWN COURTS TO PROLONG TIME FOR THEM TO GET FUNDS TO GET TO DOCTORS . A CROOKED ATTORNEY THAT GETS MONEY FOR THOSE THAT DOES FAVORS FOR HIM???? OR WAS IT THE DOCTOR THAT i WAS IN HI9S OFFICE THAT FOR MANY VISITS WAS TREATED CRUEL BY HIS RECEPTIONIST, NURSE AND HE ALSO, AS HE WAS NOT TALKING AT ALL TO TELL ME ABOUT TEST, AND EVEN COULD NOT DIAGNOSE WITH EXRAYS, PNEUMONIA, BRONCHITIS, OR COPD, SAYING COPD, THEN BRONCHITIS, THE LAST VISIT i think I am going to have to put you back in the hospital, the pneumonia , is coming back, I HELPED HIM SAY i am not going to see you again, when I said the word shit, and the nurse said don’t you get vulgar with me. i said woman I am not getting vulgar at all with you, ( tired of their bull crap yes) she told the doctor I was vulgar, he called me in room and said I am close to telling you I will not see you again, like so many other lying doctors, I said well let me help you, with a few choice words, said bye. I AM SO SICK OF THIS, i was told I COULD NOT GET PUBLIC TRANSPORTATION NEEDED TO SEE DOCTOR THAT OTHERS IN THIS AREA i LIVE HAD BEEN GOING FOR A LONG TIME, i said have you told all that rode from this area the same thing, , they live in the area too, have you ever told them that you could not take them to same area, I SAID i PAY  TO GO, THEY DON’T, i AM SO SICK OF THIS KIND OF CRAP. i will give you 3 guesses who the driver was a supporter of in politics and the first 2 guesses do not count, one that got money from chemical companies in campaigns, a senator will not receive e mail from me any more, I DIDN’T CUSS EITHER. BUT YEAH, i am damn angry , but they have to cover truth up and I have spoke out in truth as no one else has, support groups of women meshed up in tennessee, ???? I MIGHT BE THE ONLY 1 LEFT NOT A LIAR, AND IN CORRUPTION AND COVER UP IN THE WHOLE STATE OF TENNESSEE, IF NOT PLEASE LET SOMEONE ELSE FROM TENNESSEE SPEAK UP.BET A LOT HAVE SOME CROOKED ATTORNEY IN TENNESSEE REPRESENTING THEM , BET THE SAME THING GOES ON IN OTHER STATES TOO. GOD USUALLY SENDS 1, TO SPEAK OUT, WAITING.

        • Kitty says:

          Pam—what I was getting at was that I have not heard what hernia mesh has done to the guys. They have not been descriptive like we women. I know exactly what happened to me and I have described it—you have described it tunneling fisitulas et al. Kitty

        • Kitty says:

          Pam read your blog–perhaps that is why there only 127 comments on the FDA site. —–Where are the 70K women who filed mesh cases? Maybe they are afraid to comment lest they loose their $$. Well—-in time their meshs’ will start eroding out or inward and they will realize that 40K minus attorneys fee was a bad deal for them.

          • pam says:

            kitty, It is called trauma, I will stop with those words. my hands have to slow down with my memory and typing..

            I have gone to FDA site and even wrote that mesh should be banned from ever being put into another human being, knowing what I have gone through and more women, I HAVE SAID, that I called FDA many times before I knew what mesh was doing but knew something was wrong, just as MEDICATION CAPSULE i WAS GIVEN RIGHT AFTER SURGERY ALMOST TOOK ME OUT OF THIS WORLD AN ANTI BIOTIC. ONE capsule, took 4 days and 4 nights to work out of my body, given to me by THE doctors that did my mesh implant. I STILL HAVE THAT BOTTLE. i EVEN TOOK IT TO THE D.A. HERE, and asked him to find out because FDA, was not helping me. I believe with all of my heart the doctors that implanted my mesh, knew what they were doing to me and what I would suffer. I call that as low and evil as human being can get. ( AND WE ALL KNOW HOW SOME PEOPLE CAN BE SO EVIL IN EVERY WALK OF LIFE AND PROFESSION HARD TO FIND THE ONES TRUTHFUL AND HONEST) THE TIMES i called FDA before I KNEW WHAT ALL THE MESH WAS DOING BUT WANTED TO REPORT IT, 3 TIMES THEY HUNG THE PHONE UP ON ME, FINALLY THEY SAID THEY WOULD SEND ME A FORM TO SIGN AND SEND BACK, I got the form, it was nothing about mesh at all, I THOUGHT THAT IS GREAT FOR AMERICA TO HAVE THE FDA TO REPORT THINGS WITH DRUGS AND ASK QUESTIONS, TO GET ANSWERS AND THEY DO NOT DO THEIR JOB.
            THIS WAS ALL BEFORE i FOUND MEDICAL NEWS DESK , AND MESH SIGHTS FOR WOMEN.
            I HOPE YOU SAW MY NAME IF YOU DID NOT , I WILL DO IT AGAIN. THE WAY I SEE IT , ANY WOMAN , AND I MEAN ANY WOMAN, DAMAGED BY MESH, AND HAS SUFFERED WOULD HAVE ALREADY GONE TO THAT WEB SITE AND SIGNED TO STOP MESH, >>> UNLESS THEY ARE JUST AS EVIL AND GREEDY FOR MONEY, LIKE THE CHEMICAL COMPANIES AND DOCTORS , MAYBE THEY ARE GETTING GOOD HEALTH CARE, SO MANY OF US ARE BEING TREATED WORSE THAN AN ANIMAL AT TIMES, IN LIES AND MORE.
            FOR a woman damaged by mesh, anytime I SAW A PETITION TO SIGH AGAINST MESH I WENT TO THE WEB SITE AND SIGNED, ANYTIME i saw a remedy that was posted by another woman with mesh i used home remedy, and more, I CHECKED IT OUT. i CANNOT STAY QUITE, knowing another woman that gets a mesh implant will suffer as I have, every chance I get I TELL A WOMAN NEVER HAVE THE MESH IMPLANT TO FIND A DOCTOR THAT WILL USE HER OWN BODY AS HAS BEEN TOLD BY WOMEN THAT HER BODY WILL NOT FIGHT AGAINST, AND PERMANENT DAMAGE AND SUFFERING OF INFECTIONS AND PAIN FOR THE REST OF HER LIFE. I CAN’T GET MARRIED , I KNOW THAT, I had some chances since mesh, but would not lie to the man, and said if you want to date me hoping for a wife , forget it. This makes me damn mad, for the mesh to destroy my life as it has , take my health down, What woman suffering from mesh, would not speak out to warn others over those so evil that lied to us about mesh and those that covered it up in lies???? not 1 good woman I KNOW OF WOULD NOT GO THERE AND GET THE WORD OUT TO OTHER MESH DAMAGED WOMEN TO SIGN, EVEN TO GET IT BANNED.ONLY THOSE MOST GREEDY FOR MONEY AND AS EVIL AS i HAVE SEEN WOULD STAY SILENT, you can’t if you think about other women especially those younger with family and children, even they would not want 1 more woman to go through with what we have.
            when I heard of others suffering as I HAVE MADE ME ONLY WANT TO FIGHT AGAINST MESH AND DO MORE
            KITTY, you’re disciplining me. (smiles) that’s alright , ask Jane it’s not the first time. I HAVE NO PROBLEM WITH THAT AT ALL, I WOULD RATHER HAVE SOMEONE question my intentions than those that would not. I might huff up but when I THINK IT OVER , SOME ONE REPROVING ME, i don’t mind it all. I don’t like putting people into molds those that say we should all react to things the same way, that is just not natural. if we don’t step over the line of truth, to be evil. reprove me, kitty smiles)

  49. pam says:

    i guess what TBI state law said was true by agent john mhyer, and roger hughes, in w. tennessee, THERE IS NO TRUTH AND JUSTICE IN COURTS ANYMORE IN AMERICA, THEIR LOGO, THAT GUILTY MIGHT NOT ESCAPE AND INNOCENT PAY, IS A PACK OF LIES. THEY COVERED FOR CRIMES OF THOSE IN LAW AND COURTS HERE AND IN TENNESSEE LIKE SOME MORE LIARS AND CORRUPTS , MAKING SURE TRUTH WOULD NEVER BE HEARD, LIKE SOME MESH CASES.i don’t do favors for anyone power and law to call evil good and good evil, THAT’S WHY i COULD NOT GET ATTORNEY WITH MESH IN THE STATE OF TENNESSEE, not born here for 1, no family votes , just mine they won’t get. maybe why more women like me are being treated cruel even before mesh implant and after, I TRIED TO EXPOSE THE DOCTORS THAT DID MINE, A CROOKED JUDGE WENT IN FAVOR OF DOCTORS, SINCE NO ATTORNEY WOULD TAKE MY CASE, IF YOU DO NOT BOW AND KISS UP, THEY SHOW EXACTLY WHAT THEY CAN DO TO YOU. WITH THOSE COLLEAGUES THAT ASSIST THEM. TRULY i HAVE BEEN NICE, UNTIL. TRUST?? HOW MANY DAMAGED TRULY WITH MESH , HAVE LOST TRUST in medical and law courts, seeing what has took place with mesh damage? it has been hell , by those that lied to us. and in records too.

  50. Bj says:

    There is a Jade working for Motley Rice fyi. I too have been through so much that my husband and i of at the time of 24yrs had almost split up. He had in his mind i would no longer make love because i had someone else. It came to the point that i even moved out had my apt. For 1yr but my love for him put us back together. It became known to him finally when he actually felt the mesh with one of our sessions that he broke down and cried. I have had 2 removals after the 2nd removal my stomach wall became weak and i ended up with a hernia where the mesh was and had to have surgery forhhernia repair. The scar was to be 2in i ended up with a 5in scar. I had 6 children never once had i had a c-section now i look butchered. If you were to see the incision it would make a grown man cry. It is a rigid cut not straight at all. Scarred for life and living in pain. I am embarrassed for my husband to look at my body now. In which the past i hid nothing from him. Now im always clothed.

  51. cheri says:

    Bj, your husband loves u or he wouldn’t have gotten back with u. Mine took up with a 22 yr old, and we r divorced. With no husband or significant other I feel all alone in this mesh ordeal. Cherish your husband and let him know u still love him. He could be with anyone else but he still loves u. Scars r on the outside dear, they don’t define us. It’s what’s on the inside that defines us. If u don’t make a big deal out of your scars he won’t either. I was so happy to read that u had gotten back with your beloved. I wish u the best!

  52. Matt says:

    The $41,000 average Dan Bolton references in this settlement is a disingenuous, self-serving, incendiary way to discuss this subject. Using that figure to disparage the settlement as a whole is a nasty shot at the attorneys who were able to negotiate it. Some of the women in the settlement reported mild intermittent pain but had no revision surgery and did not even report pain to any doctor post surgery; their injuries cannot be called insignificant by anyone, ever, of course; but neither can they be called as significant as those suffered by women who had at least one and perhaps even several revision surgeries. Those women with “lesser” injuries (and I fully acknowledge the inadequacy of that term to describe women not crippled to the point, say, that they can no longer live a normal life as has often happened with plastic mesh victims) may have received as little as $2,000, if there weren’t some way to quantify their “lesser,” or shall we even say “minor” (in relative terms) injuries. Again, I don’t denigrate someone because she can live with pain that may cripple her neighbor or drive her to revision surgery, and I don’t denigrate someone for having a “lesser” injury. The fact remains that some do suffer more than others and the number of their surgical procedures is one way to quantify that suffering. Women who had to suffer through one or more revision surgeries can receive several hundred thousand dollars in such settlements. Trying to quantify pain is impossible; and the best that mass tort settlements can do is try. Regardless, using that $41,000 figure as an “average” is not helpful to anyone, except as a soundbite for Dan Bolton. He ought to know better than to take a shot at attorneys who are armed with case-specific information. Attorneys try to make the best deal possible for their clients; that’s what they are entrusted to do. There’s plenty of pain to go around, so why throw out averages that do nothing but make people angry at the lawyers who are trying to help them?. You give me “pause,” Mr. Bolton. As a lawyer, you might understand that ad populum attacks on other lawyers may only backfire, or continue the propaganda we’ve all heard for decades about lawyers, who, for now, are about the only thing protecting us from politicians and judges ready to sell our rights down the river to whichever corporation is paying most of their extracurricular salary this term.

    • Jane Akre says:

      Matt- You make some good points… Indeed lawyers and the only ones helping the injured and deserve respect for doing so, especially at their own cost until the end of the day when there is a jury verdict or a settlement. Mr. Bolton should be respected as well, don’t you think? The “average” amount per woman has been reported, namely by Blooomberg as around $40,000 so Mr. Bolton is not the first one to note that. And let’s not overlook the fact that even a couple hundred thousand dollars is little compensation for someone who has lost their ability to work and be an active family member. Thank you~ ja

    • Kitty says:

      Matt–who are you? You sound like you may have had mesh surgery. —you sound like you are angry and in pain

  53. Anna Cantu says:

    I received my settlement proposal letter today from Harrison, Davis, Steakley & Morrison, PC. I started crying immediately. First of all, I do not understand how the law firms I start out with turn into these huge corporate lawyers who don’t know me from Adam! *or Eve–Secondly, I have to once again give my complete medical history which is very long considering I had the SPARC in 2006 and have had 2 subsequent surgeries. My pain started immediately after and I began complaining to a gyno as early as 2007, approx. 6 months after my implantation. All of that is well documented. So, I don’t mean to “dis”quantify (sic) anyone else’s pain, but I feel like my situation is well worth 6 figures…at least 40K for every year I have suffered. I want to have it removed but I am literally afraid that this time I might not recover. The revisions were hard on my body and I am a 45 year old who feels 70. I want to be able to go and take the stand and look the court in the eye and tell them how much we have suffered and my story-I want to do that before I settle for an amount that I will end up in the negative after all of my doctor bills are paid for and the lawyers takes their cut. My 3 year fight is now ending up with me in a dark deep depression that I am about to have to seek more help for. I cry every day because I am no longer a WOMAN. I am a shell of a human.

    I will walk away before I accept 40K or some paltry amount. I’d rather continue to struggle than to line the lawyers’ pockets further!

    • Jane Akre says:

      Anna-

      I’m so sorry you were offered $40,000. Is that before legal fees? I’m curious what your law firm says if you refuse to accept that amount? You do not have to share here if you do not want but you could private message me. Thank you~ ja.

  54. Anna Cantu says:

    I read a little about the women in Texas who were going after the actual makers of the SPARC sling and other mesh…I wonder how to go about that…from what I understand the SPARC was one of the most damaging-something along the lines of what fishing line would be like if put into the body.

    • Jane Akre says:

      I’m not sure you you are referring to…. women in Texas.. ..these are ALL product liability lawsuits filed against the manufucturers.

  55. Val says:

    I am hoping to find help locating a Dr for a successful removal. Had mesh implanted 7 yrs ago I have been diagnosed with everything but mesh erosion and have had so many problems. Very sick and o really want to get better ! I live in Indiana

    • Jane Akre says:

      Val- Do you have your medical records and do you know which type of mesh you have? There are some successes out there but you need that first…. janeakre@meshnewsdesk.com

    • mesh survior says:

      here is a doctor who remove my mesh and he is very good excellence name doctor mickey kramme work at christ hospital his number is 5134632500. please call him i believe you will be please. he is located in cincinnati, ohio in the medical building at christ hospital in mt auburn.

      • Jane Akre says:

        Hello Mesh Survivor- Do you work for the doctor? Dr. Karam has been funded since the mid 2000’s by mesh manufacturers with the money run through his non profit Women’s Health experience. Here it what he has said:
        “We thank our sponsors—American Medical Systems,
        Astellas Pharma US Inc, Ethicon Endo-Surgery Inc,
        and TAP Pharmaceutical Products Inc—for their generous
        support of the Women’s Health Experience™. Revenue
        generated from the Women’s Health Experience™ will be
        used to support much needed, unbiased medical research
        in various areas of women’s health.”

  56. Anna Cantu says:

    I too want to have mine removed after 2 reparative surgeries. I will need help figuring out how to afford to do this since I am sure insurance will not cover this process *they will likely call it elective.

    I would like to know if anyone has used a Texas doctor for total removal?

  57. Without surgery you can correct your problem visit http://www.thefloor.biz

    • Jane Akre says:

      This is a remedy before the prolapse gets very bad…. it’s good maintenance but does not address mesh complications….Thank you.

  58. Karen Paxton says:

    Renee McCrathy, Im sorry but I have to disagree with your comment big time. There is nothing out there that will fix the “Problem” Once the mesh starts to fray, the ends rolling up, getting hard as a rock, cutting into nerves, bladders and god only knows what else it has to come out, and that is if it can be taken out. I do not think there is a women out there that would sign up for a quick fix. Pelvic floor exercise is a wonderful thing to try to keep pelvic floor muscles strong but once you prolapse and it looks like a babies head is coming out. Sorry, It won’t fix a thing.

  59. Teresa Jones says:

    All women should be compensated the same. Those getting an explant are few all physcians I have read of in total have less than 2,000 explants to date combined. Also, there are 100.000 lawsuits. Second as an example I am a 10 year and eight months implanted victim. My device cannot be explanted. I have had contact with Dr. Robert Moore, Dr. Veronikis, Dr. Raz, my person PCP and my current Urogynecologist Dr. Antonio Pizzaro. I have been told there is nothing that can be done due to a pre existing lung and heart birth defect so explanting is too high risk.

    I have a bloodstream infection due to mesh. The toxins have caused the chalking away and destruction of all but six of my teeth and dozens more complications including nerve pain and damage. I will never make love to my husband again. I cannot lift my grandson without wetting myself. I could go on, but the truth all implanted women will progressively get worse if they get explanted they are not well afterwards they are just not poisoned anymore but the residue still harms them. They have to have often more surgeries and each explant is unique and the reconstructions are unique.

    I have personally heard Dr. Tom Margolis state, “Mesh is like a hangernade, once it is implanted it like the pin being pulled”, yes a vaginal hangernade with internal and systemic damage that will haunt and harm each of us for a lifetime. We must demand a MESH INJURED VICTIMS SUPERFUND, one that immediately adds all victims to Medicare with an additional 20% plan to coverage plan to cover what Medicare does not pay. We must then have immediate disability status and begin obtaining our full social security. The settlement amounts should be above and beyond and any reimbursements should not come from settlements.

    There is not a clean hand in the game. Manufacturers and FDA should bite the first bullets to the SUPERFUND and then they should demand with us the oil companies, hospitals and physician kick in. We are a destroyed generation of women. The are so many angles that are being tried and have been tried to convince us this is all we can have. IT IS A LIE. My life and my mesh injured friends lives are the lives of the mothers and grandmothers of this nation.

    We are not going to go away. We will not let our children and grandchildren become implant victims and manufacturers customers of the future. I pray some law firm steps up to change the game. We want a SUPERFUND / BENEFITS / DISABILITY STATUS and we want it now. We want to survive in dignity. I have the right to care for having been butchered by a medical device implanted in my body without any knowledge 2 years before it every went to the FDA. I have to believe we will be heard. We have to be heard. We must change the pelvic floor paradigm to save our children and grandchildren. Somebody please help us collectively be recognized as injured and damaged for life. Please save us all.

    • Jane Akre says:

      Teresa- You are an amazing spokesperson for the mesh injured and it’s an honor to know you! Thank you for all you do. ~ ja

      • Carly says:

        Jane, can you somehow reach Theresa….I was reading her post about her teeth falling out….. just have some question I want to ask her. Can you give her my phone# 410-446-8454 Thanks Jane Carly

    • Lamar Plowman says:

      Hello. My name is Lamar Plowman and I am writing on behalf of my mother Bertha who is a claimant in the Endo Case that was just settled. She received her settlement paperwork on Monday and to her disbelief will only be offered $10k, which will come to around $4500 after the firm takes their share. She believes this to be a slap in the face. According to the paperwork she may be entitled to further settlement if she were to have the “revision” surgery, but her Dr. has informed her that to have the surgery would only promote further complications with how her mesh implant already is greatly absorbed into her body. She is 67 years old and the pain she currently has may increase exponentially with complications due to multiple surgeries. The pain and disabilities caused by this device will remain with her until her last day and this settlement is a travesty! What can she do?

      • Jane Akre says:

        Lamar- I’m so sorry… that is a travesty!!! You have the option of not taking the settlement. Check with the Facebook folks concerning the offers coming in… Others are being offered as little . Make sure the law firm knows the extent of injury so she is in the proper tier of injury. BTW- why is the firm getting more than 50 percent?

        • Lamar Plowman says:

          No idea why they are getting more then 50%, but my mom is coming to my office today so we can get on a conference call with them and see what is going on.

          • Jane Akre says:

            Please check the contract you signed with them. Check out expenses? What expenses did they incur? Can they produce them? Is there any limit to expenses? Is it expenses in addition to 40%……. it should all be in writing…… If they did not work up your case, they may have no expenses….~ja

          • Lamar Plowman says:

            I appreciate all of your input on my Mom’s situation. I hate this for her as she has lived with this disability for years and even if the current law firm is not funding her settlement correctly, $10k is in no way restitution for her pain, and the pain she will continue to have for the remainder of her life.

      • Anna Cantu says:

        Do you know which mesh implant she has? I too have an ENDO product but have not heard anything on the settlement. 10k is a travesty and her lawyers don’t deserve a dime!

  60. Lela R. says:

    I myself had one of those things implanted indside my body but for me it was 7 long agonizing years having extreme pain almost from day one. I told my dr. But he said I had to learn to use the muscle I hadn’t used in years and I’d get used to it. well no I didn’t. every dr. I went to couldn’t figure out what was wrong since all the test came back negative I’m sure they thought it was in my head and one did say that. soon i was put on pain meds OxyContin 60 mg. three times a day and oxycodone 30mg. per day and yes it turned me into an addict and i lived like that for almost seven years. I lived in my room doped up day after day after day losing precious time with my family not being able to raise my child I missed all her school activities, and all I ever wanted to do was end the nightmare my life had become I thought of suicide daily. But I hung in there and after many attempts at persuasion on my part i covinced my dr. To remove the mesh. it was either do or die and i knew if i could not convince him i could not live any longer with the pain. a few months after the removal of the mesh I admitted myself into drug rehab to try get my life back. but time you can’t get back or your health i will suffer the effects of the mesh the rest of my life and i will probably have to undergo more attempts of removal of damaged tissue and mesh. it would be nice to get some personal satisfaction by putting this mesh in those responsible but I’m not cruel and that would be. we were violated in the worst possible way ” trust “. I hope all of us who are damaged by this get what they deserve and that is financial compensation for all the hell we went through and will go through for years to come.

    • Jane Akre says:

      Your story is very sad Lela… you are right about time and family, you will never get that back. Please seek out a full removal and not partials since often that leaves the person in worse shape. If you had a full removal and relief from the pain, you are actually better off in that regard than many. I’m sorry this has happened. Mesh destroys families!~ ja

    • Lela R. says:

      God bless you. I feel for you and all who are suffering because of these thieves.

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