Justice or Injustice
I just finished this blog yesterday after days of research, but before you read it I want to tell you about another mesh injured woman who herself is extremely sick and should be going out to UCLA within a few days. But I doubt if that will happen now, because her 4 month old grandson was airlifted to a different hospital away from their home because he has an emergency situation. A fast growing tumor. She set up a Go Fund Me page and if you have any spare money, even $10, she would really appreciate it. She does not know I am doing this but I know her suffering and the expenses this family has incurred. This is the link to the fund raiser
Now here is the blog.
You know in a fairy tale world your lawyer would explain everything to you BEFORE you sign up for a lawsuit or accept an offer, but in the real world it just doesn’t happen. If you fall asleep on the job you may be shocked at the bottom line of your lawsuit settlement, so it is time to wake up, learn and stop waiting to get the help you need to have your mesh removed, before you put your health in serious jeopardy. The good news is, if you truly want to learn, the Internet is full of information and the bad news is I can only give you a small sample of it. It would also be wonderful if Jane Akre and Aaron Horton wrote how these lawsuits REALLY worked, but because neither of them are injured and don’t have a lawsuit to worry about, they really don’t care how this comes out for each of us, in the end. Instead Akre wants to write all about the big win trials, which allows women to think that there will be plenty of money when their case finally settles. However that too is only a fairy tale.
I honestly hate writing about all this but as yet I have not seen any other mesh injured woman take this approach and do something to share with others. So because I care enough about every woman’s future, I have spent many hours trying to give you a sampling of things you can read, to learn for yourself. However, it is up to you to actually spend time reading and learning if you really want facts and not fiction.
So what are the questions you want answered? Are they the following?
How does a settlement affect my Social Security benefits?
Do you wonder about paying back Medicare out of your settlement?
Care you sue your attorney for Mal Practice?
Can you find out about how many losses or wins your attorney has had?
If you can go to trail what happens if you lose?
I remember when on support groups everyone was saying that their husband will be getting money for loss of consortium. (Sorry I have to say this. I don’t think lawyers care about this at all, because they probably think there are plenty of other women to take your place when you can’t have sex.)
Do you think you are going to be paid for everything you deserve?
Can you fire your lawyer?
What about the work you did for discovery.
If your lawyer is pressuring you to settle, the following is a good blog for you to read. You can also ask questions of your lawyer and dispute things you do not like.
written by a lawyer
should answer many of these questions. Before you begin reading, get a notebook and a pen and start making notes about things you read and still do not understand. Then you have a proper basis to question your lawyer via email, once you receive a settlement. There isn’t really any point in doing it sooner.
Here are other articles you can learn from.
If you think your lawyer lies, read this article
If you feel your lawyer is behaving in an unethical manner, this is interesting reading
Who controls who? Lawyer or clients. Well I read a fascinating article about this and here is a paragraph.
However, many more studies report that lawyers dominate the relationship:
- Hunting and Neuwirth found that accident clients had little say in the settlement of their accident claims (1962, 107-09); Rosenthal (1974) found that lawyers were more responsive to active clients, but that largely it was the lawyer who was in charge.
- Hosticka found that, in the legal services setting, lawyers seldom even asked their clients what the client wanted the lawyer to do (1979, 604).
- In criminal justice cases, studies have repeatedly found that defense lawyers see themselves as moving guilty clients through the system rather than seeking to get the clients’ input and defining goals and strategies in terms of those inputs (see Blumberg 1967; McIntyre 1987, 153-62; McConville et al. 1994; Nardulli 1986; Casper 1972; Flemming 1986), and that to do otherwise can produce problems for the client (see Mann 1985; Simon 1991). However, variation in client control in this area has also been shown by a number of scholars (see Flemming 1986; Mather 1974, 1979; Skolnick 1967).
- In consumer bankruptcy, lawyers generally sell what amounts to a product (a Chapter 7 filing or a Chapter 13 filing), often on a take-it-or-leave-it basis, while doing relatively little to determine what is best for the individual client (Neustadter 1986).
- Mather, Maiman, and McEwen (1995) found that divorce lawyers reported that they largely controlled the direction of their cases, and on the best way to handle them. The researchers found lawyers try to avoid taking cases where the client will insist on things that the lawyer views as unrealistic or undesirable. They use the metaphor of passenger and driver, arguing that the driver (the lawyer) largely determines both the destination and the route to that destination, with the passenger (the client) at best being allowed to do a little backseat driving.
You can need read it all through this link
So what if you want to refuse your settlement and you would rather go to trial. Fortunately I found another good article for you to read. Here is part of the article.
So – how do you educate a client on the value of accepting a settlement?
It’s important to tell clients in initial meetings how unpredictable and risky litigation can be. Many clients, convinced of the “rightness” of their position, are certain there’s no way they can lose. Unless the lawyer disabuses them of this notion early on, even the best settlement offer may fall on deaf ears.
When clients look at the plaques and framed newspaper articles on the office walls of Andrew C. Meyer Jr., they are certain he can land a record-winning verdict for them, too.
“I say, ‘Yeah, but those are the cases where there was no offer,'” said Meyer, a Boston attorney who concentrates in catastrophic cases of medical malpractice. “I tell them that 94 percent of med-mal trials are won by the defendants, so there are big risks of going to trial.”
From the outset, clients should be told that the astronomical verdicts they see on TV or read about in the newspaper are often anomalies that are reversed on appeal or significantly reduced. They should understand that litigation is a long process that takes a toll not just financially but emotionally. They should be kept abreast of the particular political climate: whether juries in the jurisdiction are more conservative than elsewhere, for example.
“Expectations at the outset frequently are unreasonable,” said Michael L. Roberts, a plaintiffs’ attorney in Gadsden, Ala. “They’re based on the publicity that attends large verdicts, and also what you might call propaganda from tort-reform advocates. It gives people the impression it’s very easy to go into a courthouse and get money, when in fact that’s not the case at all. You have to spend some time giving them information that counters the effect of this propaganda.”
That lack of perspective isn’t restricted to members of the general public.
When they become personal-injury plaintiffs, businesspeople – who’ve been heavily influenced by the tort-reform movement – often are the hardest to convince, Roberts said, “because they receive a less-than-evenhanded presentation of what the jury system really is. So the educational process can be more challenging when you have somebody with a pre-existing mindset.”
This is the full article for you to read
You may think I am kidding about the amount you will end up with once your case settles. I am not. So what about contingency fees? The thing is, mesh injuries are NOT frivolous lawsuits. These products were allowed to be used on unsuspecting patients by our government agencies and the manufacturers got away with it. Here is a paragraph from another article I found.
Is it any surprise then that some special interest groups are attacking the contingent-fee agreement? They argue that it’s not fair for attorneys to take such a “large percentage” of any recovery of their clients. Their arguments have worked: Some states have put limits on the percentage an attorney can take Do you think that those special interest groups are truly interested in ensuring injured people aren’t taken advantage of by unscrupulous attorneys?
And another paragraph.
Damage caps and attorney-fee caps work together to make the complicated cases less enticing for lawyers, and the consequence is that those who traditionally receive large jury verdicts – the catastrophically injured, or the families of those who are killed – won’t be able to find attorneys to bring their case to court. The corporate entities that support tort reform won’t be held accountable when they act irresponsibly or unethically, and will instead enter into confidential settlement agreements with those who are harmed by their products.
The irony is that as those corporate entities take away the individual’s right to a jury trial, they’re doing it under the guise of protecting the public from “greedy lawyers.” It’s also important to note that capping contingent-fees will do nothing to reduce so-called “frivolous lawsuits.” That’s because contingent-fee caps only discourage lawyers from filing complicated lawsuits on behalf of the severely injured.
I am sure by now you are either angry or depressed, but without knowing all the facts you may be worse off. Here is the
rest of the story
Because of all the adverts that keep floating through Facebook about lawyers, you need to understand if you are actually hiring a tort lawyer and not a lawyer who collects names. Believe me I never understood how the system works when I first signed up. ANY law firm can take your case and hold it until they find a tort lawyer to take them on. You may think your lawyer is dealing with your case in court or negotiations but only tort lawyers do this. The lawyer you hired will get a cut of the 40%. You may wonder how you find out if your lawyer is a tort lawyer and here is a website with every one, in every State listed.
You may also wonder what tort lawyers do verses your home town lawyers. Most of their work is about mediation to settle a whole group of cases. Only a tiny percentage will go to trial and in fact most cases of all types, never go to trial. So what does mediation mean?
In mediation, the parties to a dispute work with a neutral third party known as a mediator. The mediator is often chosen by consent of all the parties together and agrees not to take anyone’s side in the dispute.
The role of the mediator is to help the parties reach a decision or settlement that everyone can agree upon. In order to do this, the mediator works to help the parties reach a “middle ground,” often by gathering information from both parties and speaking to the parties alone or together. Although mediators do not usually share their opinion of a dispute, some parties choose “evaluative mediation,” which allows the mediator to weigh in on the situation as well as to help the parties resolve it.. You can read more here
Here is another blog where the lawyers explain more about mesh torts and who may have a claim. Like I said, it is up to you to read and learn and take from all this what you want or need to know. Here it is
Now here’s the deal. If you have realized you do have a problem with mesh and are not in this batch of cases right now, you may find out these cases are closed. So what can you do? First you can’t just say you have a problem, you have to PROVE you do. This means you have to have a doctor state there is a problem and you need surgery. The WORSE thing you can do is go to any doctor who advertises on Mesh Medical Newsdesk or Horton’s Mesh Warrior page. In fact I would not hire any lawyer from there either and here is why.
During this huge round of cases there has been a lot of abuse by advertisers on these sites that advertise doctors. Some (I don’t know if all doctors did this who advertised on these sites) did this, but they took women’s lawsuit cases against the surgery costs so that women could get their removal done without paying anything up front. However, things got really rocky for those cases and there is always a chance your case could be thrown out by the mesh manufacturer based on who you chose, due to the fact that they can say things like “Everyone made money from doing this”.
Honestly I cannot imagine anyone having mesh removal who doesn’t need it because it is not an easy surgery. I do know that if you have suffered for a long time, you could have lost your career or job and you no long have money to pay for your part of surgery. So these offers may look really good when you are in pain. But doing this could come back and bite you in the rear and you may not receive a penny. Are these doctors under investigation? I have no idea because there is one thing I have learned in my life, that anything to do with law is hidden and kept quiet for years, so there is no way of knowing. But I am writing this to let you know that there could be a huge risk to YOU, not necessarily to these advertising pages, or doctors who advertise on them. So don’t do it! Seek your own lawyer or doctor and make up your own mind who you will hire. Any blog or article I have given you here is for you to learn from and I do not get paid ONE PENNY for doing this from any doctor or lawyer.
Okay I am sure by now you need a break from all this learning stuff and now you may be thinking “It is nothing like in the movies”. You would be right! Through Facebook support groups I have learned that many women thought Erin Brocovitch would help mesh women and be a great lawyer to stand up for women’s rights. However it turned out to be more bullshit. Was any of the movie story true you may wonder? Well I found a site that is telling what really happened or what was possible to tell because so much of lawsuits are covered up or in a shroud of secrecy. First read this paragraph.
The film is about a down-on-her-luck but defiant, twice-divorced, working-class mother of three. As a lowly clerk in a small, private law firm, she independently starts looking into a case involving pollution in the small town of Hinkley, Calif. In the movie, the foul-mouthed, full-cleavaged Brockovich travels to the town on her own initiative, investigates the case with the help of dogged smarts and a few low-cut dresses and persuades her employer to take on the case. When he joins forces with a big-time Los Angeles law firm, she defiantly resists. In time, her street smarts outbalance the incompetent, unfeeling lawyers at the downtown firm, and the residents come out with a $333 million award — and Brockovich herself gets a check for $2 million.
The truth is different. That’s not unusual for Hollywood, and doesn’t mean that the film — which has garnered favorable reviews is bad.
But many plaintiffs in the Hinkley case say the movie misrepresents what happened. Far from being the populist victory the movie depicts, the Hinkley lawsuit was a case study in how the rise of private arbitration, as an alternative to costly public trials, is creating a two-tiered legal system that not only favors litigants who can afford it over those who cannot, but is open to potential conflicts of interest and cronyism. The case never went to trial, because Pacific Gas & Electric, the utility accused of polluting Hinkley, and the plaintiffs’ lawyers agreed to private arbitration before a panel of for-hire judges, some of whom had socialized with the plaintiffs’ attorneys.
Now, many of the townspeople who sued complain their awards were smaller than they deserved. Some have even hired lawyers to get back excessive legal fees charged to children. They say the attorneys kept their awards for six months after the settlement money was delivered, and that they didn’t receive interest on it. They complain that there was little or no apparent logic behind the varying amounts of money individual plaintiffs received; some claim that the arbitrators never even looked at their medical records.
Some of these charges and complaints are the predictable result of the sudden, uneven disbursement of a lot of money into a small town. But evaluating these charges is difficult to do, because the arbitration process is shrouded in secrecy. The formula for disbursing the money has been kept secret, as has the entire transcript of the arbitration proceeding. Had the case gone to trial, the transcript and the disbursement would be a matter of public record. Here is the link for you to read the entire story
The sad truth is this. When it comes to justice, there is no justice. The Mesh manufacturers will still continue to sell their wares no matter how much they injure women. I now know that at the end of this giant group of settlements, all those women, including me will be wondering what the whole point of a lawsuit is, when not only do we have to continue living with our injuries, our lives will be shortened because of these implants and no one takes the blame.
Women are the world guinea pigs for many products because we reproduce children with our bodies and because of that our organs can prolapse. Whether these products and /or drugs seriously maim women is of no concern to all those who make a VERY good living from them. Manufacturers, doctors, hospitals, lawyers and all those hangers on who work for lawyers and use our bodies to make a lovely living for themselves. All this has been good for them, and bad for us.
Now you know why I have refused to stay quiet in six years and I continue to learn and don’t bury my head in the sand. I am a firm believer in what I don’t know, can hurt me. Yes this all came about because of a mesh implant and all I can tell you for sure, this is the journey of living Hell.
I have written many blogs exposing those who use others for gain and that has not made me popular with those people. However, my reason for doing this is because when I began this blog and women helped me by sharing their pain and what they did about it, I made up my mind that I would always tell the truth. At that time I was completely naïve when it came to filing a case and what would happen after I did. It was not long before Jane Akre contacted me and she wanted to use me to get to other women who read this blog. If you really want to know what went on once I exposed the truth it is all on this blog. Here are some of them.
This one is the MOST important blog to read to understand what happens when the news broke that there was a problem with mesh and the lawyers began advertising. Things just don’t happen, there is always a reason. http://www.meshangels.com/story-tellers/
This one is very important to read if you need money for surgery. http://www.meshangels.com/big-lawsuit-scam/