Saturday, March 23, 2013

PROMINENT CLASS ACTION ATTORNEY STANLEY CHESLEY PERMANENTLY DISBARRED FOR FEE SCHEME IN $200 MILLION DOLLAR FEN-PHEN SETTLEMENT

FOUR HUNDRED (400) PLAINTIFFS GOT $46 MILLION DOLLARS.

ONE (1) ATTORNEY, STANLEY CHESLEY GOT PAID $20 MILLION DOLLARS FOR HIS INVOLVEMENT IN THE SETTLEMENT NEGOTIATIONS ONLY...HE DID NOT EVEN APPEAR AT TRIAL. HE LOST HIS LICENSE TO PRACTICE LAW BUT DID NOT HAVE TO REPAY THE MONEY.

THE PATIENTS WERE PAWNS IN THIS CLASS ACTION LAWSUIT WHERE MILLIONS OF DOLLARS WERE PAID IN CONFIDENTIAL SETTLEMENTS AND EVEN THE JUDGE COLLUDED WITH THE ATTORNEYS.

HOW DO PATIENTS KNOW THEY ARE RECEIVING THEIR FAIR SHARE OF SETTLEMENTS IN CLASS ACTIONS AND MASS TORTS?  ANSWER: THEY DON'T.

JUST LIKE HEALTHCARE, PATIENTS WHO BECOME PLAINTIFFS ARE IN THE DARK WITH LITTLE OR NO INFLUENCE OVER A MAJOR LIFE ALTERING EVENT.

WE CAN ONLY HOPE THERE ARE NOT ANY "STANLEY CHESLEYS" IN THE ONGOING MESH LAWSUITS ALL ACROSS THE COUNTRY!


http://www.businessweek.com/articles/2013-03-22/stanley-chesley-titan-of-the-plaintiffs-bar-crashes-and-burns
Bloomberg Business Week 03/22/2013 by Paul Barrett, assistant managing editor and senior writer.  

"STANLEY CHESLEY, TITAN OF THE PLAINTIFF'S BAR, CRASHES AND BURNS" 

The big-time plaintiffs’ bar justifies its multimillion-dollar fees by claiming to vindicate the “little guy.” Justice ain’t free, according to free-wheeling trial lawyers, and taking on (alleged) corporate villains requires heavy pecuniary incentives.

Sadly, the titans of this elite segment of the bar have a tendency to flame out in spectacular bursts of greed and deceit, undercutting their claims of righteous dedication. The latest example is famed class-action attorney Stanley Chesley of Cincinnati, for decades one of the leading scourges of industries that range from pharmaceuticals, to chemicals, to firearms.

The Kentucky Supreme Court on March 21 upheld Chesley’s disbarment in that state for “unreasonable” fees received in the settlement of a class action originally filed in 1999 against Wyeth, now part of Pfizer. The allegation stemmed from $20 million in fees Chesley received for his involvement in an action concerning the diet drug known as fen-phen (fenfluramine/phentermine), which was shown to cause harmful side effects. The case was settled in 2001 for $200 million.

Under Ohio’s Rules of Professional Responsibility for lawyers, the disbarment in Kentucky may provide grounds for Chesley to get drummed out of the legal trade in his home state, as well.

Here’s a helpful description of Chesley’s troubles from Bloomberg News:

“In 2009, two Kentucky lawyers involved in the case were sentenced to 20 years and 25 years in prison for stealing from the [diet drug] settlement fund. The lawyers had contracts entitling them to fees of as much as one-third of the $200 million awarded to a statewide group of Kentucky citizens who said they were harmed by diet drug. The lawyers tried to keep more than twice that amount, prosecutors said.


In its 38-page decision, the Kentucky Supreme Court noted that Chesley didn’t meet directly with any of the clients to effectuate the settlement, and it wasn’t shown that he had specific knowledge of the deception practiced on each client to secure the signed release.

The court did find that his “$20,497,121.87 share of the fee was unreasonable, especially in light of his professed ignorance and lack of responsibility for any aspect of the litigation except showing up at the mediation and going through the motions of announcing the agreement.”


BE SURE TO READ THE WHOLE STORY AT BLOOMBERG...IT'S WAY TOO JUICY TO MISS!

FROM MY PERSPECTIVE AS A PATIENT, A PATIENT ADVOCATE AND A LEGAL CONSULTANT, THIS IS A MESS CREATED BY BAD LAWS, BAD DRUGS AND DEVICES AND GREED. IT IS A SYSTEMIC ISSUE CREATED BY THE AMERICAN HEALTHCARE SYSTEM WHICH DOES NOT PROTECT PATIENTS.

MY ADVICE: STAY WELL, STAY OUT OF THE HOSPITAL AND DON'T TAKE DRUGS UNLESS ABSOLUTELY NECESSARY. YOU MAY BE UNKNOWINGLY HARMING YOURSELF!

BEST, BLESSINGS, LANA

Sunday, March 10, 2013

STOP THE MADNESS! PROLIFT GYNEMESH PELVIC ORGAN PROLAPSE MESH KITS AND DEPUYASR METAL-ON-METAL HIP IMPLANTS DESTROY HUNDREDS OF THOUSANDS WHILE J&J DENIES LIABILITY!


Press Releases for verdicts in trials are written in the most sterile language.   None of them are written as though there are humans injured in the process. The companies...in particular, Johnson & Johnson....have never done anything wrong. There are 96,000 people worldwide implanted, and suffering with, these ASR metal-on-metal hip implants, they have recalled them and THEY HAVE DONE NOTHING WRONG?

This makes me think of Al Pacino in the movie "The Devils Advocate" with Keanu Reeves. The devil has sold everyone out AND THEY HAVE DONE NOTHING WRONG?

What planet do these people live on? Are they humans who live on this Earth? All this "SPEAK" is for Wall Street so their stock does not lose value.

But really, how does this happen day after day after day? These people have definitely sold their souls to the devil.

Let's put Christy Jones at the top of the list. She stands there day after day presenting a case against Linda Gross.

Does Christy Jones go home and take off her skin like David Bowie in "The Man Who Fell to Earth" a 1976 sci-fi flick ? (Guess that dates me for sure. How many reading this ever heard of, much less saw, that movie? See http://en.wikipedia.org/wiki/The_Man_Who_Fell_to_Earth_(film) for the plot.)

INSANITY! What else could it be? Cause this is NOT NORMAL!!!

THESE ARE SICK "HUMAN" BEINGS WHO PREY ON OTHER HUMANS IN THE NAME OF "HEALTHCARE".

OH PLEASE, SOMEONE STOP THE MADNESS!
  
MASS DEVICE REPORTS > > > >

FLASH: Jury deems J&J's DePuy ASR XL hip implant defective in design, orders $8.3M in damages

Johnson & Johnson defends its DePuy subsidiary's ASR XL hip devices after a California jury finds that the metal-on-metal implants were defectively designed, awarding plaintiff Loren Kransky $8.3 million in compensatory damages.

A California jury ruled against Johnson & Johnson (NYSE:JNJ) and its DePuy subsidiary in finding that the company's ASR XL metal-on-metal hip implant was defectively designed.

The decision marks the highly anticipated close of the 1st of more than 10,750 such lawsuits against J&J. The jury dismissed claims that J&J failed to properly warn physicians about the risks of its metal hip implants, but ruled that the company was negligent and ordered J&J to pay $8.3 million in damages to patient Loren Kransky.

J&J issued a statement today defending its hip implant design and noting that it plans to appeal the ruling, adding that the jury rejected the plaintiff's claim for punitive damages on top of compensatory damages.

"We believe ASR XL was properly designed, and that DePuy's actions concerning the product were appropriate and responsible," DePuy spokeswoman Lorie Gawreluk said in prepared remarks. "We plan to appeal the jury's decision on design defect pending the outcome of post-trial motions. We believe we have a number of valid grounds for appeal, notably that the court didn't let the company tell the jury about the Food & Drug Administration's review and clearance of the device."

Johnson & Johnson pulled the DePuy ASR device in 2010 on reports of an abnormally high number of revision surgeries, later revealing that the recall cost it $271 million during the 1st quarter last year. An internal company study found that 1 in 3 metal hips could fail in less than 5 years, according to testimony in the Kransky case unveiled in January.

And regulators in the U.S. have launched a probe into possible marketing violations for the ASR hip
  LINK TO POST ABOVE: http://www.massdevice.com/news/flash-jury-deems-jjs-depuy-asr-xl-hip-implant-defective-design-orders-83m-damages?page=show

Tuesday, March 5, 2013

AMERICAN MEDICAL SYSTEMS: NOT ENOUGH INSURANCE MONEY TO COVER ALL TRANSVAGINAL MESH LAWSUITS?


MILLIONS OF DOLLARS IN FINANCIAL LOSSES FOR SELLING BAD MEDICAL DEVICES DOES NOT COMPARE TO THE DESTRUCTION AND DEVASTATION OF THOSE MEN AND WOMEN LIVING WITH SYNTHETIC SURGICAL MESH IMPLANTED INSIDE THEM.

THE PEOPLE AT AMERICAN MEDICAL SYSTEMS GET TO GO HOME AND FORGET ABOUT MESH AT THE END OF THE DAY DESPITE A $640 MILLION DOLLAR LOSS.

MESH INJURED PATIENTS LIVE A 24/7 NIGHTMARE NO ONE SHOULD EVER HAVE TO ENDURE!

Below under "VAGINAL MESH CASES" you will read an excerpt from the legal proceedings section of Endo Health Solution's third-quarter 2012 financial report to the Securities and Exchange Commission.

Endo apparently made a really bad buy when they acquired American Medical Systems (AMS) for $2.9 billion dollars in April 2011. The FDA's July 13, 2011 warning that complications are NOT RARE with all pelvic organ prolapse (POP) surgical mesh kits used to repair POP, including AMS 28 pelvic mesh products, precipitated the flood of transvaginal mesh lawsuits against AMS and many other surgical mesh manufacturers.

I am very proud of the results of the leadership of myself and Truth in Medicine in getting the FDA warnings issued. Without the dedication and perseverance of many mesh injured patients giving their testimony and telling their stories at CDRH Town Hall Meetings, the IOM FDA 510(k) workshops, Truth in Medicine's Capitol Hill Briefing on May 17, 2011, the Truth in Medicine Conference in Washington, D.C. in September 2010, this would not have happened.

WE ALL MADE A DIFFERENCE!!!

I WANT TO RECOGNIZE AND THANK THOSE MEN AND WOMEN WHO TRAVELED UNDER VERY DIFFICULT CIRCUMSTANTCES...WE ALL LIVE IN CONSTANT PAIN AND OUR LIVES HAVE BEEN SEVERELY IMPACTED BY A GARBAGE PIECE OF PETROLEUM WASTE, SYNTHETIC SURGICAL MESH.

JANET HOLT
DENISE JACOBS
JANE PENNINGTON
MARIAN GOLDBERG
DAVID SCHMIDT
JENNIPHER SMITH
BRUCE ROSENBERG
DIANNE KELLEY
MARK BOONE
MARCIA KIRBY
JAYE NEVAREZ
WENDY BRADLEY
SARAH MCFARLAND

AND MANY, MANY MORE WHO ARE, AND HAVE BEEN, OUT THERE SPEAKING OUT TO STOP THE INSANITY OF MESH!!!

The following is a cut and paste from page 40 on the SEC filing you will find in this link:
http://www.sec.gov/Archives/edgar/data/1100962/000110096212000029/endp-9302012x10q.htm

Vaginal Mesh Cases

On October 20, 2008, the FDA issued a Public Health Notification regarding potential complications associated with transvaginal placement of surgical mesh to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI). The notification provides recommendations and encourages physicians to seek specialized training in mesh procedures, to advise their patients about the risks associated with these procedures and to be diligent in diagnosing and reporting complications.

In July 2011, FDA issued an update to the October 2008 Public Health Notification regarding mesh to further advise the public and the medical community of the potential complications associated with transvaginal placement of surgical mesh to treat POP and SUI. In this July 2011 update, the FDA maintained that adverse events are not rare, as previously reported, and questioned the relative effectiveness of transvaginal mesh as a treatment for POP as compared to non-mesh surgical repair. The July 2011 notification continued to encourage physicians to seek specialized training in mesh procedures, to consider and to advise their patients about the risks associated with these procedures and to be diligent in diagnosing and reporting complications. FDA also convened an advisory panel which met on September 8-9, 2011 to further address the safety and effectiveness of transvaginal surgical mesh used to treat POP and SUI. At the conclusion of the meetings, the advisory panel recommended reclassifying transvaginal mesh products used to treat POP to Class III devices (premarket approval) and recommended that manufacturers of these products be required to conduct additional post-market surveillance studies. The advisory panel recommended that transvaginal surgical mesh products used to treat SUI remain as Class II devices. Regarding retropubic and transobturator (TOT) slings, the advisory panel recommended that no additional post-market surveillance studies are necessary. Regarding mini-slings, the advisory panel recommended premarket study for new devices and additional post-market surveillance studies. The advisory panel’s recommendations are now under consideration by FDA.

On January 3, 2012, the FDA ordered manufacturers of transvaginal surgical mesh used for pelvic organ prolapse and of single incision mini-slings for urinary incontinence, such as AMS, to conduct post-market safety studies and to monitor adverse event rates relating to the use of these products. These class-wide post-market study orders apply to eighteen AMS pelvic floor repair and mini-sling products. AMS is in the process of complying with these orders. In these orders, the FDA also noted that it is still considering the recommendation of the September 9, 2011 advisory committee that urogynecological surgical mesh for transvaginal repair of pelvic organ prolapse be reclassified from Class II to Class III.

Since 2008, AMS, and more recently, in certain cases the company or certain of its subsidiaries, have been named as defendants in multiple lawsuits in various federal and state courts, as well as in Canada, alleging personal injury resulting from use of transvaginal surgical mesh products designed to treat pelvic organ prolapse and stress urinary incontinence. Plaintiffs in these suits allege various personal injuries including chronic pain, incontinence and inability to control bowel function, and permanent deformities. On February 7, 2012, a multidistrict litigation (MDL) was formed, and cases pending in federal courts are now consolidated in the Southern District of West Virginia as part of MDL No. 2325. Similar cases in various state courts around the country are also currently pending. More specifically, as of October 30, 2012, approximately 2,960 mesh cases are currently pending against AMS and/or the Company or certain of its subsidiaries. Litigation similar to that described above may also be brought by other plaintiffs in various jurisdictions. The majority of the currently pending cases are in the MDL.

In addition, we have been contacted regarding a civil investigation that has been initiated by a number of state attorneys general into mesh products, including transvaginal surgical mesh products designed to treat pelvic organ prolapse and stress urinary incontinence. We have not yet received a subpoena relating to this investigation, and at this time, we cannot predict or determine the outcome of this investigation or reasonably estimate the amount or range of amounts of fines or penalties, if any, that might result from a settlement or an adverse outcome from this investigation.

AMS and the Company intend to vigorously contest all currently pending cases and any future cases that may be brought, if any, and to explore other options as appropriate in the best interests of AMS and the Company.

Nevertheless, we believe it is reasonably possible that the outcomes of such cases could result in losses in excess of insurance reimbursement levels that could have a material adverse effect on our business, financial condition, results of operations and cash flows. However, we are unable to estimate an amount of possible loss or range of possible loss in excess of the insurance reimbursement levels.

THE ONLY GOOD NEWS HERE FOR MESH INJURED PATIENTS WHO HAVE SUED AMERICAN MEDICAL SYSTEMS IS, ENDO HEALTH SOLUTIONS BOUGHT THEM IN 2011 AND WILL HOPEFULLY HAVE THE MONEY TO COVER WHAT THEIR INSURANCE DOES NOT.





Monday, March 4, 2013

HAPPY 90TH BIRTHDAY, KENNETH KEETON!!


TODAY I HONOR MY FATHER, KENNETH KEETON, A GREAT GUY, AN HONORABLE, KIND LOVING MAN WHO IS SO MISSED, EVEN 5O YEARS LATER......

HAPPY 90TH BIRTHDAY DADDY!!

I AM SO BLESSED BECAUSE THE LOVE YOU AND MAMA GAVE ME WHEN YOU WERE HERE ON EARTH GIVES ME STRENGTH EVERY SINGLE DAY OF MY LIFE....

YOU ARE MY ALWAYS HERO!

I WILL MISS YOU AND MAMA AS LONG AS I LIVE.

WITH ALL MY LOVE, YOUR DAUGHTER, LANA

Friday, March 1, 2013

LAWSUITS OVER AMERICAN MEDICAL SYSTEMS “ELEVATE” PELVIC ORGAN PROLAPSE MESH KIT "DEFLATES" ENDO HEALTH SOLUTIONS TO THE TUNE OF $640 MILLION – NOW WE ARE TALKING!!!

PRAISE GOD LINDA AND JEFF GROSS WON $11.1 MILLION VS ETHICON AND JOHNSON & JOHNSON…..WHAT SHE REALLY DESERVES IS HER LIFE BACK AND THE $11.1 MILLION, TOO!

BUT THE SOUND OF $640 MILLION DOLLARS OF PROFIT BEING SUCKED OUT OF ONE OF THESE DISGUSTING MESH COMPANIES IS REAL, REAL MUSIC TO MY EARS!!!

NO APPEAL. NO DEFENSE ATTORNEYS “BEGGING” THE JURY FOR MERCY. JUST $640 MILLION DOLLARS DOWN THE DRAIN FOR THE HORRIFIC PAIN AND AGONY THEY HAVE CAUSED TO THOUSANDS AND THOUSANDS OF WOMEN

HALLELUJAH!!!!!

Guess Dr. G. Willy Davila may be looking for new consulting positions to supplement his income at the Cleveland Clinic. His ‘leadership” and “ground breaking work in women’s pelvic health” is over.

Dr. G. Willy Davila operated on me for 7 years but never removed enough of the mesh out of my bladder to stop the pain. Dr. G. Willy Davila caused me immense ongoing pain by allowing the Ethicon Gynecare TVT Prolene polypropylene bladder mesh sling to keep sawing its way back into my bladder time, after time, after time following those awful in-office trimmings or surgeries in the hospital.

Nor did he bother to mention in deposition testimony or in his testimony at trial in my medical malpractice lawsuit against Dr. Bernard Cantor and Mt Sinai Medical Center in Miami Beach that he was a mesh consultant for American Medical Systems. Would have been nice for the jury to know he was not representing who he REALLY was.

Now maybe the insanity of mesh will end. Finally a blow big enough to get the attention of these greedy corporations that maybe, just maybe, mesh IS NOT A GOOD IDEA.

Years and years and years of my life have been dedicated to stopping the use of mesh FOR ANY REASON…HERNIA, BLADDER SUSPENSION OR PELVIC ORGAN PROLAPSE.

AT MEDIATION WITH ATTORNEY JEFFREY SHAPIRO, ARNSTEIN & LEHR LLP IN MIAMI AND THE ETHICON REPRESENTATIVE IN THE SUMMER OF 2007, I ASK FOR $7 MILLION DOLLARS FOR THE HARM CAUSED TO ME BY THEIR GYNECARE TVT SLING. I WAS OFFERED $5,000.00. I SAID “NO”!!

YOU KNOW, I THINK THAT WOULD HAVE BEEN THE CHEAPEST $7 MILLION J&J, ETHICON, GYNECARE EVER SPENT CAUSE I HAVE BEEN RAISING A RUCKUS EVER SINCE!

BUT THEN, IT WOULD HAVE KEPT ME FROM BEING A VOICE FOR ALL THE MEN AND WOMEN WHO DON’T HAVE ONE AND WHO ARE SO INJURED THEY CAN’T EVEN GET OUT OF BED!

PRAISE GOD!! THE WALLS ARE CRUMBLING!!

BELOW IS CUT & PASTE FROM PHILADELPHIA BUSINESS JOURNAL….

Endo Reports Fourth Quarter Financial Results And Reaffirms 2013 Financial Guidance

PR Newswire MALVERN, Pa., Feb. 28, 2013 /PRNewswire/ --

"- Total quarterly revenues of $801 million, comparable to prior year.

- Fourth quarter reported diluted (GAAP) loss per share of $6.35 includes a $640 million non-cash asset impairment charge related primarily to goodwill- Fourth quarter adjusted diluted EPS of $1.62 increased by 16 percent versus prior year; Full year 2012 adjusted diluted EPS of $5.02 was in-line with financial guidance.

- Company continues to expect 2013 revenues in the range of $2.80 billion to $2.95 billion.

- Company continues to expect 2013 adjusted diluted EPS in the range of $4.40 to $4.70;

- Company expects reported diluted (GAAP) EPS in the range of $2.22 to $2.52.

Endo Health Solutions (Nasdaq: ENDP) today reported total revenues during the fourth quarter of 2012 of $801 million, relatively flat when compared to $803 million in the same quarter of 2011. Endo incurred a net reported loss for the three months ended Dec 31, 2012 of $716 million, compared with reported net income of $37 million reported in the comparable 2011 period.

The net loss reported for the period includes the effect of a non-cash charge in the amount of $714 million for the period to reflect the impairment of certain assets. The primary driver for this charge is a $640 million reduction in  other intangible assets attributable to the company's AMS segment.
The net reported loss reported for the period also includes a charge in the amount of $232 million for the period reflecting the impact of accruals for legal and other contingencies. ...The remainder of this charge reflects a $92 million reserve for product liability claims."READ THE WHOLE ARTICLE AT...
http://www.bizjournals.com/philadelphia/prnewswire/press_releases/Pennsylvania/2013/02/28/PH68717