Friday, December 14, 2012

HEALTH CARE DECISIONS IN THE COURTROOM: MASS TORTS "LET'S MAKE A DEAL" WITH DOCTORS AND DEVICE COMPANIES

Current pre-trial Multi District Litigation (MDL) for Transvaginal Mesh Implants in West Virginia before Judge Goodwin throws women implanted via Abdominal Sacral Colpopexy under the bus, sacrificial lambs for other women implanted transvaginally.

How does this happen? Attorneys use whatever means necessary to win cases for their clients, no matter other women will be harmed for decades to come.


Unfortunately for any plaintiff involved in mass torts or class action law suits, they are not privy to the deal making between attorneys and doctors. Attorneys don't typically sue doctors for their part in surgically implanting a defective medical device, whether they committed medical malpractice or were simply duped by the device company.

Why is this? Medical malpractice caps in some states on attorneys fees is one reason. The other reason is they want the testimony of the doctors against the companies.

This creates a terrible scenario of continuing harm to patients. Attorneys decisions not to sue doctors maintains the status quo. Health care decisions are then based on the winning verdict in the court room. Doctors, fearing legal liability, will depend on antiquated surgical procedures "proved" in court by an attorney who has now made health care decisions that will impact patients for decades to come.

Medical advisor/consultant doctors continue their cozy, lucrative relationships with the device companies. These same "advisor/consultant" doctors go on to the next popular medical device promoted by the companies and start the cycle all over again.

It is definitely a lose-lose proposition for patients. Patients take all the risk for the profits of the doctors, hospitals and device companies and support the day jobs of attorneys, people working in the court system, doctor experts  as they become a permanent part of the health system because of their injuries.

Women with synthetic surgical mesh via abdominal sacral colpopexy will be thrown under the bus in the West Virginia MDL as sacrifices for other women. How awful. I highly disagree with this.

Hopefully in the future, attorneys see their part in perpetuating the status quo which causes massive harm to women. And perhaps they will start prosecuting the real culprit, the mesh product, not the surgical procedure.

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