MESH VICTIMS: These Settlements Are Not Enough Money-DEMAND MORE!
October 9, 2014
#BOYCOTTAmericanMedicalSystems
#BOYCOTTBard
Amercian Medical Systems settled earlier for $400 million (peanuts & insulting) on their mesh cases and yesterday it was reported that C.R. Bard settled 500 of their cases for $21 million (there is no word yet for how insulting this settlement is!) What is going on??? We know the companies want to get these cases off the books by the end of Q4 why aren’t these attorneys doing their jobs and driving up the settlement price?
Do not allow yourself to become a victim a second time by caving to small settlements. This is the time all the mesh victims need to rally-awareness+action=the truth hurts the company image and drives up the settlement price. C’mon ladies keep pushing: #CleanUpYourMeshFDA you are making an impact!!!
And for those that doubt the power of the internet and the impact this campaign is making we have a special guest: Sheri Woodruff JNJ spokesperson is apparently working with a consulting company. Maybe she shouldn’t make such statements regarding the “gold standard” and she wouldn’t have to worry about cleaning up JNJ’s Mesh.
Aaron Leigh
Thank you Melayna for continuing to write about the issue of mesh injury and the concurrent issue of obvious malfeasance by the manufacturers. We are so glad to have your voice in our community!
Melayna Lokosky
Aaron many of you have been leading the charge and educating me on areas I wasn’t familiar (like having to pay back the insurance company if a settlement is reached for prior surgeries). It is shameful what is happening to these people. Thanks for all you do!
Lana Keeton
The problem is the mesh community continues to cannibalize itself. The disrespect the mesh women have for other women who are fighting for them is abhorrent. I, for one, have been a recipient of the vile vicious nature of these women, despite my long term dedication to getting mesh off the market.
And as for Aaron, she is late to the party. Now she is standing up for you. About time!
Best, Lana Keeton
Melayna Lokosky
Lana-I’m sadly late to the party. I do recognize the infighting among the groups and it’s giving the corporations exactly what they want-a group of women refusing to band together united in a cause (regardless of product maker) you all have been harmed and the FDA must also be held accountable. I’ll endure attacks as I know my truth and have only tried to help-if others do not see it that way-keep doing what you’re do-it’s worked out well so far. I’ve heard from a few women who feel bullied within their own “mesh” community-not sure what the purpose of that would be-again the end game goals are the same-force accountability from the companies and the FDA-anyone with an agenda different than that-I’d question what their end game was. You women have been victimized enough and I’m fighting to see that doesn’t keep happening. My motto-get on board or get outta the way!
Lana Keeton
Per order of Judge Joseph Goodwin, who is in charge of the 60,000 plus MDL cases in West Virginia, right now the plaintiffs attorneys are having to prepare 200 – 300 cases at at a time to be ready for trial in December…in 2 months.
That means the plaintiff’s attorneys have to depose each individual plaintiff, each individual plaintiff’s doctor and the experts and finish discovery as though 200 – 300 cases were actually going to trial in December.
That is a staggering amount of work for any firm. And it does not include their work in the larger MDL’s or their regular workload of cases.
I disagree with the small amount of the settlements, but I am not sure the plaintiff’s attorneys will survive without some settlements now. Millions and millions have been spent by the plaintiffs attorneys and the defense attorneys have vowed to bankrupt them.
So how are the plaintiff’s attorneys able to fight for their clients when their own existence is jeopardized without some money coming in?
And I hope, although it is just conjecture, that the 500 Bard women receiving the settlements are the least injured. Still not enough money for them either but maybe that is the rationale for the attorneys. Again this is just conjecture.
I am not defending anyone, just stating my opinion because I research the cases on Pacer all the time. It is a very ugly picture for all involved, except for the companies who continue to profit from our pain.
Mesh has to be recalled from the market! Period!
Melayna Lokosky
If I know Johnson & Johnson JNJ (and I think that I do) they’re likely working behind the scenes right now to pull a AMS/Bard-these cases are nothing more than an “accounting” issue to companies who want to clear their books and write it off as a loss at the end of the year. They do not see “victims” they see “accounting problems.” They know victims are tired, attorneys are tired (many of whom will have worked for free because of the loss ratio) and will push for victims to accept what’s given them. They took for you ladies-take from them and don’t let them treat you like an accounting error! Get your stories out there-keep up the chatter on social media and drive up you settlement price! Every story of truth hurts their image and damaged image hurts profits. When a company has numerous Corporate Integrity Agreements with the DOJ as JNJ does (multiple) it demonstrates that there’s no desire to fix this broken system or hold executives accountable they build billions into their annual budget knowing the DOJ will take that in exchange for any real accountability. All the remaining mesh victims waiting for settlements, Essure, JNJ, Coloplast, etc. keep using the #CleanUpYourMesh(Company Name) for accountability and #CleanUpYourMeshFDA to remove the mesh from the market. Two companies were already driven to settle-we know the others likely will before the end of the year-give the media something to latch on to-your stories (# Campaign makes it easy for them to find victims all across the Country)-keeping giving this cause a voice, your voices and people from outside the mesh community will help and rally with you all!
evelyn
Thank you so much for all your doing for us Mesh Injured ..God Bless 🙂 <3
Melayna Lokosky
Thank you for staying strong! Please keep on fighting and force accountability for the companies and the FDA!
Janet
Melayna, mesh injured women like myself are extremely fortunate to have you on our side. Thank you for continuing to write about this issue, and giving us your unique perspective as a former device rep for big pharma. I hope more and more women from the mesh injured community start to follow your blog, start using twitter, and start standing up for themselves when it comes to settlements. On the topic of settlements, I’d also like to add that I will NEVER sign a settlement offer that forces me to stay silent about my mesh injuries, or tries to keep me from using my experience to help other women. I think it is extremely important that we all refuse to sign a non-disclosure clause. Thanks again for all your help!
Melayna Lokosky
Thank you Janet-I love where your hearts at; but, I will tell you that 99% of the time there will be an NDA (non-disclosure agreement) involved in any settlement and none of you should think of that as “selling out.” They have taken from you-your health, your holidays, family vacations, the ability to work or function normally-many of you are in tremendous pain and will be the rest of your lives. Don’t let the companies off easy though.
You all need to do what’s best for you and your families-they’ve insulted and demeaned women with the latest settlements-make sure that if you’re unable to work again that the settlement reflects that (after taxes and attorney fees), get the company to pay back the insurance company and for any future related surgeries (including all hospital costs). Negotiate! Don’t ever just take what they give you-you fight for what is yours and what they’ve taken from you. No amount of money will restore your health-but letting them demean your worth by settling for an inadequate amount is allowing them to victimize you the rest of your lives. It’s time to get out victim mode-get into survivor mode and force some accountability from the companies and the FDA.
You all have given me a tremendous amount of strength and taught me how to use my voice when others have tried to silence it; and, while these companies want you to remain victims-you all have become my heroes !!!
Lana Keeton
Hi Melayna,
Let’s go for “VICTOR” mode as Joel Osteen would say! Thank you for your encouragement through https://www.killingmycareer.com and the ability to comment on your important posts.
We are all highly successful women, no matter our injuries, medical, career, whatever the harm. Love what you said…”Get on board or get outta the way!”. I second that!!
Best, Lana Keeton
Anonymous
Lana, I love this information!!!
I’ve been wondering why my case has been dragging along!
I have been told I am in top 10 of most injured by mesh. 2) I was a case study involving my mesh issues for 3 years!
3) my doctor is a well respected Head of Uro/Gyn department at the renowned Loma Linda Medical University!
Therefore there isn’t an issue with knowledge regarding the doctor NOR his case study!
Yet I have been on a back burner for Years now and still awaiting a trial date or a settlement offer!
Does it make any sense to you?!