Posts Tagged ‘Mesh lawsuit’
The Dow Corning Breast Implant Class Action was the largest class action in history effecting women until the vaginal mesh. Now women are watching the Bellwether trials hoping for justice as women with Dow Corning Breast Implants are still waiting.
Claimants in Dow Corning Breast Implant Lawsuit Waiting
As one woman says:
We have all been waiting for our disbursement from the Court that was awarded us because of our problems with the Dow Corning Breast Implant Lawsuit. This award was made over 20 years ago. Please feel free to use this letter in your pursuit of your share of the proceeds from this lawsuit. I am interested in getting this settled and getting paid, and I know you are, also.
Will women destroyed by the vaginal mesh have the same problems?
March 4, 2013
TO WHOM IT MAY CONCERN:
This letter is to all claimants under the Dow Corning Breast Implant Suit.
We have been told that an oral argument is being made before the U.S. Court of Appeals for the 6th Circuit as to whether or not Dow Corning can claim a credit for interest earned on the Initial Payment that was made before the Effective Date of the Plan. It was successfully argued by the CAC that the bankruptcy settlement provided that the claimants, not Dow Corning, would get the benefit of the interest earned on the Initial Payment.
The hearing went well and the Court took the Issue under advisement. We expect a ruling to come sometime in 2013. So far there are not any updates on this ruling.
The Courts need to realize that Dow has been making appeals on this case for too many years. Dow Corning has let it be known that there is plenty of money in its Settlement Fund to pay the current claimants and those who may claim in the future, but they continually object to actually making these payments, hoping to be able to keep any and all interest due on these payments. It has been argued that the claimants are to get the interest and this ruling is what the claimants are waiting on SO THAT THEY CAN FINALLY GET PAID.
As one of the claimants, I feel that after almost 20 years of trying to collect from Dow Corning, I should be the one to benefit from the additional interest earned by the Settlement Fund, not Dow Corning or their attorneys. The accrued interest aside, I want to be paid now because of the financial burden imposed on myself and the thousands of other claimants over the years. Personally, I am in danger of losing my home and car. It is hard for me to pay for medicine and food. Even though food stamps are available, many states are reducing the amounts paid out. My attorney surely deserves his reward after all the years of providing me with support and advice.
These premium payments could be a welcome injection into the critical financial situation in which most of the country finds itself. These women claimants have had to put off purchases that are normally made each year, such as insurance, new clothes, new vehicles to replace not-so-reliable old ones, and other items that many persons take for granted.
Women have really been taken advantage of in so many ways – almost comparable to being raped. They have suffered mentally, financially and physically. Time moves very slowly when you think you have been forgotten and the Courtroom seem to go on and on. I will be 78 years old in September of 2011. I have waited 20 years for the premium payments since I first applied as a claimant. I doubt I can wait another 20 years.
How long can Dow Corning use the Courts to avoid paying these poor women?
As we look at the past for women whose lives were destroyed by Dow Corning Breast Implants we can only wonder what the future holds for 1000's of vaginal mesh victims. Our vaginal mesh lawyers are here to help you. Our Breast Implant lawyers are here to help you. We are lawyers helping woman.
Arizona vaginal mesh lawsuit lawyers are filing vaginal mesh lawsuits for the Arizona vaginal mesh MDL for Georgia MDL
Arizona Resident Joins Georgia Vaginal Mesh MDL
Emma Gonzalez | August 16th, 2012
On August 7, 2012, a plaintiff filed a vaginal mesh side effects lawsuit in the U.S. District Court for the Middle District of Georgia. The plaintiff names Mentor Worldwide, LLC, the maker of the ObTape sling, as defendant. Her complaint joins other transvaginal mesh lawsuits in multidistrict litigation against Mentor (MDL No. 2004).
Plaintiff allegedly suffers severe vaginal mesh side effects
According to the plaintiff’s vaginal mesh lawyer, she was implanted with an ObTape sling on October 4, 2004. Prior to surgery, the Arizona resident had been suffering from stress urinary incontinence, a condition for which vaginal mesh is often recommended.
According to her lawsuit, plaintiff Mary Higbee’s treating physicians implanted the sling properly and appropriately. However, as a result of the ObTape sling, Higbee allegedly suffered a range of vaginal mesh side effects, including multiple infections, mesh erosion, pain, bleeding, and internal and external scarring. She states that she has and will continue to experience the mental and physical pain and suffering of multiple surgeries and sustained permanent injuries.
According to vaginal mesh lawyer, Mentor did not comply with federal law
Higbee’s complaint states that Mentor Worldwide promoted the ObTape sling as a safe and effective treatment for female urinary incontinence, and the plaintiff claims that she relied on these promises of safety. Her lawsuit alleges that what she received, however, “was not a safe device, but a device known… to cause serious internal injuries.”
Her vaginal mesh lawyer alleges that Mentor failed to comply or properly comply with federal law, and that in spite of known risks, the company continued to market the ObTape sling without adequate warning.
Transvaginal mesh lawsuits claim negligence, failure to warn
As a direct and proximate result of Mentor’s “negligence and wrongful conduct, and the unreasonably dangerous and defective characteristics of the ObTape sling,” Higbee allegedly suffered and will continue to suffer “severe and permanent physical injuries.”
The plaintiff reports that she continues to experience severe pain and suffering, and has incurred significant expenses for her medical care and treatment.
She joins thousands of other transvaginal mesh lawsuits in claiming negligence, defective design, manufacturing defect, failure to warn, breach of express and implied warranties, fraudulent misrepresentation, fraudulent concealment, and negligent misrepresentation. She requests actual and punitive damages.
Class Action Lawyer Network, lawyers for Mirena IUD are reviewing cases specifically where the Mirena IUD device Has moved, perforated the uterus or become embedded in an organ. A Mirena IUD Lawsuit has been filed in Ohio on behalf of a woman injured by the Mirena IUD. Cases where the Mirena IUD has perforated the uterus are being reviewed,
a national law Firm has filed two lawsuits on behalf of an Ohio woman and an Oklahoma woman who sustained permanent and physical injuries, allegedly due to Bayer’s Mirena intrauterine device (IUD)
The U.S. Food and Drug Administration approved Mirena in 2000 as an intrauterine contraceptive. The T-shaped silicone IUD implant device releases a synthetic progestogen known as levonorgestrel into the uterus in order to prevent pregnancy. In 2009, it was also approved to treat heavy menstrual bleeding in women who use IUDs. Mirena is recommended for women who have had at least one child, and is indicated for up to 5 years of use. The device is used in over 2 million women in the United States and more than 15 million women worldwide. There have been increase reports and call to our Mirena IUD Helpline regarding the Mirena being lost in the body, needing to be surgically removed, severing an organ or the device becoming embedded in the uterus.
According to the FDA, Mirena has been associated with serious complications such as ectopic pregnancy, intrauterine pregnancy, group A streptococcal sepsis, pelvic inflammatory disease, device embedment in the unterine wall, uterine wall and cervix perforation. Over 300,000 women have been implanted with a vagina mesh. The mesh lawsuit will be the largest of it's type. Yaz has caused blood clotds in women.
Women are the focus of manufacturers and are being injured. Speak to a vaginal mesh lawyer, Uterine perforation lawyer, Yaz blood clot lawyer today