Wednesday, November 18, 2015

STATE FARM AUTOMOBILE INSURANCE COMPANY AND ITS CORPORATE ATTORNEY RUSSELL KARR YOUR #GOOD NEIGHBOR ?

November 16, 2015

Mr. Russell B. Karr, Esq.
Attorney for State Farm Mutual Automobile Insurance Company
Ayenn C. Stark & Associates
One S.E. Third Avenue, Suite 1800
Miami, FL 33131

Re: Case No. 11-36542-CA-06 Lana Keeton v. State Farm Automobile Insurance Company
11th Circuit Court, Miami-Dade, County

Dear Mr. Karr,

I have not read your typical 100+ page motion practice abuse answer, you yourself personally filed today at 3:15 p.m., to Plaintiff’s Motion to Compel discovery but it seems to be standard Corporate Culture and Practice of State Farm’s ACE “Achieving Claims Excellence” policy or the PP&R scheme of State Farm Mutual Auto Insurance Company. State Farm and its Corporate Tactics through your actions are no longer invisible to the public as they were years ago before the age of the internet. Your actions are unconscionable.

“These tactics are an entrenched part of the company’s approach to dealing with liability lawsuits by “harass[ing] and intimidat[ing] opposing claimants, witnesses, and attorneys.” Pet. App. 19a. The company uses its size and wealth to carry out these policies. Id. (“State Farm actually instructs its attorneys and claim superintendents to employ ‘mad dog defense tactics’ – using the company’s large resources to ‘wear out’ opposing attorneys by prolonging litigation, making meritless objections, claiming false privileges, destroying documents, and abusing the law and motion process.”). In all, “State Farm repeatedly and deliberately deceived and cheated its customers via the PP&R scheme.” Id. 18a.

No. 01-1289 IN THE Supreme Court of the United States State Farm Mutual Auto Ins. Co., Petitioner, v. Curtis B. Campbell, et al., Respondents.” October 17, 2002

“201. State Farm knowingly manipulated its data, documents, procedures, claims adjusters, engineers, and engineering firms to produce results that minimized and understated both Katrina wind damage and State Farm’s liability for that damage under homeowner policies it issued to policyholders in Mississippi. “Mississippi Complaint” P. 40-41”

Mississippi ex.rel. Jim Hood, Attorney General for the State of Mississippi, Plaintiff, v. State Farm Fire and Casualty Company, Defendant. Case No. 25C11:15-cv-00221-TTG April 21, 2015

Regardless of orders you may have from your superiors at State Farm, it seems your actions as an officer of the court have reached a point where you, and possibly your firm, are preventing “due administration of justice” in violation of 18 U.S.C. 371 and 18 U.S.C. 1503:

United States of America, Plaintiff, -against- Richard A. Lundwall and Robert W. Ulrich, Defendants. 97 Cr. 0211 (BDP)
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK 1 F. Supp. 2d 249; 1998 U.S. Dist. LEXIS 4466

“The words 'due administration of justice' import a free and fair opportunity to every litigant in a pending cause in federal court to learn what he may learn (if not impeded or obstructed) concerning the material facts and to exercise his option as to introducing testimony or such facts. The violation of the law may consist in preventing a litigant from learning facts which he might otherwise learn, and in thus preventing him from deciding for himself whether or not to make use of such facts.”

“Richard A. Lundwall and Robert W. Ulrich, two former officials of Texaco, Inc., are charged in a two count Superceding Indictment with conspiring to obstruct justice in violation of 18 U.S.C. 371 and with obstruction of justice in violation of 18 U.S.C. 1503. They move to dismiss on the ground that 1503 does not apply to civil discovery matters. Since we conclude that 1503 reaches the willful destruction of documents during civil litigation, defendants' motion is denied

“Next, defendants argue that the Indictment violates due process because it amounts to a retroactive extension of the law, and deprives them of "fair warning" that their conduct was criminal. A statute gives no "fair warning" if it "fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute." Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 31 L. Ed. 2d 110, 92 S. Ct. 839 (1972) (quoting United States v. Harriss, 347 U.S. 612, 617, 98 L. Ed. 989, 74 S. Ct. 808 (1954)). In this case, however, defendants' conduct falls well within the unambiguous text of 1503 and consequently gave the defendants ample warning that their conduct was prohibited. See United States v. Howard, 569 F.2d 1331, 1336-37 (5th Cir. 1978) ("Since the omnibus clause of the statute quite clearly proclaims that all obstructions of justice are prohibited, we conclude that section 1503 gives 'fair notice' of the offending conduct") (citations omitted).”

The Campbell case is from 2002 but the State of Mississippi “Katrina Fraud” case is April of 2015 for losses to the State of Mississippi for almost $500 million dollars, not to mention State Farm policy holders losses. Your “mad dog defense tactics” are without doubt Bad Faith.

Yours truly,
Lana C. Keeton
Plaintiff Pro Se
1602 Alton Road, #423
Miami Beach, FL 33139

lana@lanakeeton.com
305-671-9331 phone





Sunday, November 15, 2015

STATE FARM'S BAD FAITH POLICIES EXPOSED, copied from MIKE MORSE LAW FIRM

Hello again #GoodNeighbor
State Farm Mutual Automobile Insurance Company
(205.166.218.67) [Label IP Address]

"ADVANCING CLAIMS EXCELLENCE" ADDS $30 MILLION A YEAR TO STATE FARM PROFITS BY DENYING AUTO ACCIDENT BENEFITS TO POLICYHOLDER, SO THEY SAY...

ARE THE "ACE" POLICIES BEING EMPLOYED BY STATE FARM ATTORNEY RUSSELL KARR IN UNINSURED MOTORIST LAWSUIT?
LANA KEETON V. STATE FARM AUTOMOBILE INSURANCE COMPANY
CASE NO. 11-36542-CA-06
IN THE CIRCUIT COURT of the 11TH JUDICIAL CIRCUIT
IN AND FOR MIAMI-DADE COUNTY, FLORIDA

Abuse of its policyholders seems to be company policy when you read this post by Mike Morse.

"STATE FARM'S BAD FAITH POLICIES EXPOSED"

Posted by: The Mike Morse Law Firm http://www.855mikewins.com
November 10, 2014 in Michigan Car Accident Lawyer

FOR A COPY OF THE ACE DOCUMENTS, CONTACT: Mike@855mikewins.con

"In our work as attorneys specializing in Michigan’s No Fault Act, we have been battling State Farm Insurance Company for more than 20 years to make sure they pay our clients the No Fault benefits they are contractually and legally entitled to. They have been extremely aggressive in their attempts to withhold payments and benefits and we’ve been working for months to publicly reveal their outrageous tactics to do this. Recently we were finally able to get a judge to remove a protective order that was long in place hiding what State Farm was doing to its customers and our clients.

Here’s what was happening. In the 1990s, State Farm insurance company began using a plan called “Advancing Claims Excellence” (or ACE) to handle its customers’ auto accident insurance claims. The ACE program outlined how State Farm could save as much as $30 million per year, by finding reasons to deny auto accident benefits to policyholders. How did they do it? By using lots of shameful tactics against their own policyholders such as:

◾Questioning their customers about their claims before they have a chance to hire a lawyer;
◾Hiring their own doctors to examine accident victims, and write reports saying there are no injuries related to the car accident
◾Prolonging the process by refusing to settle month after month then insisting on a trial
◾Offering their policy holders way less than the estimated value of a case during settlement negotiations;
◾Dragging their feet and causing unreasonable delays cases, especially where the injured person is a child, because the case would likely lose value over time.

The ACE program allowed State Farm insurance adjusters to go to all kinds of lengths to deny payment of benefits like medical bills and wage loss. In fact, we learned the adjusters were actually trained to deny these claims by using very specific policies outlined in the ACE program."

ALSO SEE RULING IN BARTEN V. STATE FARM MUTUAL AUTO INSURANCE COMPANY, No. CIV 12-399 (D. Ariz. Jan. 31, 2014) for other ACE INFO.

To be continued....

Defrauded by State Farm and/or Mr. Karr or Dr. Warren Grossman? Please contact me at 305-671-9331 or lana@lanakeeton.com. Call me...write me...

All the best, Lana C. Keeton
Permanently injured uncompensated
Ex-State Farm Auto Insurance policy holder

Friday, November 6, 2015

"CORPORATE CRIMINALS" IN AMERICA AND THEIR ATTORNEYS, AND THEIR IT DEPARTMENT! Part III

State Farm Mutual Automobile Insurance Company
(205.166.218.67) [Label IP Address]
(0 returning visits)

See you were out and about in the neighborhood yesterday.

How much do you pay your IT Department to troll the internet?

How much do you pay Attorney Russell Karr?

How about paying your policy holders their claims?

Be the #GoodNeighbor @StateFarm advertises!

It is such a sad state of affairs that you continue to pay Attorney Russell Karr to make false statements in court.

To be continued....

Defrauded by State Farm and/or Mr. Karr or Dr. Grossman? Please contact me at 305-671-9331 or lana@lanakeeton.com. Call me...write me...

All the best, Lana C. Keeton
Permanently injured uncompensated
Ex-State Farm Auto Insurance policy holder



Thursday, November 5, 2015

#GOODNEIGHBOR ATTORNEY RUSSELL KARR FILES MOTIONS FOR SANCTIONS AGAINST LANA KEETON OPENS THE DOOR TO STATE FARM'S ONLINE REVIEWS OF FRAUD! Part II

Follow up to "Corporate Criminals" in America and Their Attorneys Part I....

Today Attorney Russell Karr filed a Motion for Sanctions against (EX) STATE FARM POLICY HOLDER LANA C. KEETON, further abusing its customer. Easy for him to make false statements in court on a regular basis but is offended by a normal reaction to six (6) years of abuse by State Farm Automobile Insurance Company's policies.

I have a right to search for potential witnesses to fraud via the internet in other cases where Dr. Warren Grossman, has testified as an "expert witness" for State Farm. Not only does Mr. Karr make false statements to the court, Mr. Karr is, and has been involved in, substantial Motion Practice Abuse in Lana Keeton v. State Farm Automobile Insurance Company 11-36542-CA-06 11th Judicial District State of Florida since at least 2013. Despite repeated requests via the discovery process, Mr. Karr and Dr. Grossman will not provide a list of other cases with a legal citation.

NOW MR. KARR FILED A MOTION TO STOP ME FROM EXERCISING ONE OF MY RIGHTS AS AN AMERICAN TO FREEDOM OF SPEECH!

HE MOVED THE COURT TO HAVE ME REMOVE THE POSTINGS! GOOD LUCK WITH THAT ONE! (Think the grotesque Westboro Baptist Church Supreme Court ruling that allowed them to protest and say vile things in front of soldiers funerals.)

#GoodNeighbor #StateFarm has opened the door to online information from other abused State Farm Policy Holders about its abusive auto insurance policies which will be used in an answer to his Motion for Sanctions. Open the door in court and STATE FARM has to answer in court.

So who notified Mr. Karr because it is highly unlikely Mr. Karr even reads the internet? He is working on his medical ignorance relating to the Glasgow Coma Scale. At a hearing on November 3, 2015, Mr. Karr stated Ms. Keeton has a PERFECT Glasgow Score of 15. I nearly laughed out loud. ANY SCORE ON GLASGOW COMA SCALE IS A DIAGNOSIS OF TRAUMATIC BRAIN INJURY. And Mr. Karr has now admitted in court he has no understanding of basic diagnostic testing proving causation of injury to Ms. Keeton.

That along with the fact Mr. Karr calls the sacroiliac "low back" at deposition is indicative of his to inability to apply the facts to the law in his job as an in house defense attorney for State Farm.

Mr. Karr, the truth hurts!

To be continued...

Defrauded by State Farm and/or Mr. Karr or Dr. Grossman? Please contact me at 305-671-9331 or lana@lanakeeton.com. Call me...write me...

All the best, Lana C. Keeton
Permanently injured uncompensated
Ex-State Farm Auto Insurance policy holder

Tuesday, November 3, 2015

"CORPORATE CRIMINALS" IN AMERICA & THEIR ATTORNEYS! Part I

RUSSELL KARR, IN HOUSE ATTORNEY FOR STATE FARM INSURANCE COMPANY IN MIAMI, FLORIDA today defended his actions in court on his choice of DR. WARREN GROSSMAN, ORTHOPEDIC SURGEON IN HOLLYWOOD, FLORIDA AS AN EXPERT WITNESS.

State Farm paid Dr. Grossman's ORTHOPAEDIC ASSOCIATES OF SOUTH BROWARD PA over $1,850,000.00 in less than a four (4) year period and says Dr. Grossman is not biased in favor of the STATE FARM AUTOMOBILE INSURANCE COMPANY.

Maybe Mr. Karr would not have selected Dr. Grossman as an "expert" if knew the anatomy of the spine. Of course, why would Mr. Karr learn the anatomy of the spine when he has his go to guy, Dr. Grossman to "prove" no causation at trial.

It will be quite interesting when Mr. Russell Karr loses to Pro Se Plaintiff Lana C. Keeton at trial in January 2016. You can not fool jurors with innuendo as Mr. Karr is so famous for in his pleadings and at hearings.

And I wonder how he will come out on the grievance against him. And I wonder how Mr. Karr and Dr. Grossman will come out when the State of Florida investigates them for Insurance Fraud.

To be continued...

Defrauded by State Farm and/or Mr. Karr or Dr. Grossman? Please contact me at 305-671-9331 or lana@lanakeeton.com. Call me...write me...

All the best, Lana C. Keeton
Permanently injured uncompensated
Ex-State Farm Auto Insurance policy holder

STAND WITH ME AGAINST ABUSE BY CORPORATE CRIMINALS IN AMERICA!!

Tuesday, May 26, 2015

JOHNSON & JOHNSON, DEAD WOMEN AND THE FDA CONNECTION

What government allows over 100,000 women to be injured by a "Medical Device", Synthetic Surgical Mesh, for pelvic organ prolapse and bladder suspenson?

SURPRISE!! The good ole U.S. of A!

Yes, your government works in collusion with the major medical device manufacturers allowing "Medical Devices" to be sold to all hospitals and doctors in the United States of America that ARE NOT SAFE!

The Prolift pelvic mesh kit was placed on the market by Ethicon, Inc. a subsidiary of Johnson & Johnson, in 2005 based on a letter the employees wrote to themselves and placed in their own file that NO CLEARANCE WAS REQUIRED BY THE FDA!

WHAT???

However, when they did file for clearance through the 510(k) Premarket Notification Clearance process of the Prolift +M in 2007, there was a HICCUP!

It took Johnson & Johnson/Ethicon a year but finally after many back and forth revisions to the Prolift+M, both the original Prolift and the Prolift+M were cleared under a 510(k) by the FDA's CDRH with a little help from their "special friend", Dr. David Krause, a Branch Chief at the CDRH.

More to come on the "special friend" as the RICO Civil Claim, 1:15-cv-20442 in the United States District Court for the Southern District of Florida unfolds.

As to the DEAD WOMEN, no lawsuit will bring them back to life. Just ask Robert Fish about his Mother committing suicide in the back yard, slitting her wrists and then shooting herself in the heart, to be sure she did not survive her own suicide. Or ask the family of Joy Poteet and the many others who we will never know their names because JOHNSON & JOHNSON/ETHICON redacted their names from the Med Watch Reports they filed with the FDA.

How long is our government going to facilitate the ongoing slaughter of innocent women who go to their doctor to be well but wind up dead?

At this rate, for many years to come.

Monday, May 25, 2015

JOHNSON & JOHNSON: AND THE CRIMES JUST KEEP ON COMING!!

EXCERPTS FROM DOCKET NO. 59, FILED BY LANA C. KEETON ON MAY 18, 2015 IN THE FOLLOWING CASE:

UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION
SR. JUDGE JAMES LAWRENCE KING
CIVIL ACTION No. 1:15-cv-20442-JLK

LANA C. KEETON,
Plaintiff Pro Se

vs.

#1 - Johnson & Johnson
#2 - Ethicon, Inc.
#3 - Gynecare Worldwide (now known as Ethicon’s Women’s Health and Urology)
#4 -Ethicon Sarl, Neuchatel, Switzerland
#5 - Mr. Peter Cecchini
#6 - G. Willy Davila MD
#7 - Delos Cosgrove, MD
#8 - Cleveland Clinic Foundation
#9 - Jeffrey B. Shapiro
#10 - Neville M. Leslie
#11 - Arnstein & Lehr LLP
#12 - David Krause and
#13 - U.S. Food & Drug Administration Center for Devices & Radiological Health (CDRH)

Defendants_______/

PLAINTIFF PRO SE LANA C. KEETON RESPONSE TO ECF 42, DEFENDANTS JOHNSON & JOHNSON, ETHICON, INC. and PETER CECCHINI’S MOTION to STRIKE PLAINTIFF’S MASTER ANSWER to MOTIONS to DISMISS [ECF 35] TO ECF45/47 NOTICE of JOINDER, JEFFREY B. SHAPIRO, ARNSTEIN & LEHR, LLP TO ECF 48 NOTICE OF JOINDER, CLEVELAND CLINIC DEFENDANTS; And TO ECF 49 NOTICE OF ADOPTON, NEVILLE M. LESLIE

"THE FACTS AS ACTUALLY PRESENTED IN THE COMPLAINT"

"Although Plaintiff is characterized by Defendants in this case as having mythical legal skills, those skills are highly exaggerated. Plaintiff Pro Se Lana C. Keeton is simply a woman inspired by the movie, “Amazing Grace”, the story of Wilhelm Wilberforce, a member of the British parliament who spent 36 years of his life to stop the slave trade in England, who is seeking justice for the crimes committed against her regardless of the time and energy and commitment it takes.

Defendants conspiracy in the crimes they have committed, and continue to commit, in their association in fact RICO enterprise, damaged Plaintiff’s business and property when they defrauded her and the U.S. Bankruptcy Court, an arm of the government, through the testimony of Dr. G. Willy Davila, an employee of the Cleveland Clinic Foundation under the supervision of Dr. Delos Cosgrove at the medical negligence trial in December 2009.

The Bankruptcy Trustee did abandon the Product Liability lawsuit in September 2007, after Defendants Johnson & Johnson, Ethicon, Inc., Gynecare Worldwide, Jeffrey B. Shapiro, Neville M. Leslie and Arnstein & Lehr, LLP defrauded the Bankruptcy Court in their Motion for Summary Judgment in Case 1:06-cv-21116-UU Document 138-1 Entered on FLSD Docket 07/23/2007 rendering the claim worthless.

The medical negligence claim against Dr. Bernard Cantor and Mt. Sinai Medical Center was an asset in the Bankruptcy Case No. 03-16521 and was not abandoned by the Bankruptcy Trustee, Mr. Drew Dillworth. Dr. G. Willy Davila testified at the medical negligence trial in December 2009 and made false statements in violation of U.S.C. 1603 to the Honorable State Court of Florida, the Plaintiff, the Bankruptcy Court, attorney Darryn Silverstein, an officer of the court, and the jurors.

The verdict awarded to Trustee Dillworth and Plaintiff Keeton, $275,000.00, only paid $30,000.00 to the creditors of the Keeton Bankruptcy after attorney costs and fees, which included business creditors to Lana C. Keeton in the amount of over $203,000.00 on a bi-monthly basis. The loss of the credit availability to Keeton’s 30 year old steel brokerage eventually led to the complete closing of the business in April 2013, which at one time had grossed more than one million dollars ($1,000,000.00) yearly."

Tuesday, May 12, 2015

HAPPY BIRTHDAY to MY ANGEL, ALLIE MAE!!

My dear beautiful, amazing Allie Mae,

God blessed me with you 25 years ago today! What a joy you were for me for over 15 years. Almost two years ago, I buried your beautiful daughter, Dria, next to you. Your grandson, B.B. still shares my life every day. 25 years of blessings from such a gorgeous being as you. I stand victorious because of you. God definitely knew I was going to need you and your daughter and your grandson to be by my side every step of the way on this journey to keep me going, bring me great joy and put laughter into my heart and show me the world is actually a joyful place to be.

Thank you for your love and for making me smile every time I think of you, every single day....I love you so much!

Your Mommy mommy, Lana

Friday, February 6, 2015

DOCTOR'S AUTHORITY TO "PRACTICE MEDICINE" MANIPULATED BY DRUG AND DEVICE COMPANIES

PELVIC MESH SETTLEMENT TALKS IN WEST VIRGINIA TRANSVAGINAL MESH MDL TODAY.

NO DOCTORS WILL BE THERE. NO DOCTORS WILL PAY THE PRICE THEIR PATIENTS PAY.

Dr. G. Willy Davila, Dr. Vincent Lucente, Dr. John Miklos, Dr. Alan Garely and other paid medical advisors to Ethicon/Johnson and Johnson trained hundreds of doctors worldwide to implant the Gynecare TVT bladder sling. There are now 72,000 pelvic mesh lawsuits filed in the United States District Court for the Southern District of West Virginia.

The FDA’s 510(k) LAW DID NOT injure me.

NO Congressman injured me.

NO Senator injured me.

DR. BERNARD CANTOR injured me when he cut me open with a scalpel while I was unconscious under anesthesia to implant the dangerous 510(k) Gynecare TVT Prolene polypropylene mesh bladder sling.

DOCTORS injure patients.

DOCTORS are RESPONSIBLE for their actions.

DOCTORS DO NOT ACCEPT RESPONSIBILITY for their actions.

NO LAW will change the culture of “THE PRACTICE OF MEDICINE” where DOCTORS KILL or DESTROY THEIR PATIENTS.

Until DOCTORS step up to the table COLLECTIVELY, DEATHS and INJURIES TO PATIENTS WILL NOT STOP!

DOCTORS:

RUN the FDA.

RUN the nation’s hospitals.

RUN the professional medical societies.

WRITE prescriptions.

PERFORM surgeries.

ONLY A DOCTOR HAS THE AUTHORITY TO PRESCRIBE MEDICAL TREATMENT FOR A PATIENT.

HARM TO PATIENTS ONLY HAPPENS UNDER the AUTHORITY of a MEDICAL DOCTOR.

Ethicon, Johnson and Johnson, Gynecare Worldwide, Ethicon Women's Health and Urology, Boston Scientific, American Medical Systems, C.R. Bard and other device companies manipulate the health system through a doctor's authority to write prescriptions for their drugs and to implant their devices.

Patients are not safe.

Saturday, January 24, 2015

ATRA.ORG COMPLICIT IN ETHICON and JOHNSON & JOHNSON LYING TO AND DEFRAUDING WOMEN IN MESH LAWSUITS

Dear D. Mckinney,

You should carefully read the motion before jumping on the fraud bandwagon. The affidavits look as though they have been forged by Ethicon’s attorneys. Look at missing notary stamps, compare the signatures, missing pages, etc. Ethicon is trying to diminish their losses at the upcoming settlement talks next week, and any trick in the storm is fine with them.

In 20 minutes I did an online search and these are nothing but robo calls to scam people to go buy a $150.00 money card to receive their “25,000.00$”. These are not attorney firms. These are idiots overseas scamming people in the U.S. Does no one read anymore? Just believe anything that is written because it is written. The real fraud is Ethicon/Johnson & Johnson for the unending harm to thousands of people worldwide, mesh, metal hip implants, morcellator devices, etc.

Let me tell you about something about those so called “phony lawsuits”. You are dead wrong. Hundreds of thousands of women are injured WORLDWIDE and there are groups all over the world petitioning their governments to get this crap, yes crap, off the market. There is a roar coming from around the world and this devastation of women will stop.

SOCIAL MEDIA WILL DESTROY J&J!

#MaggieFitzPatrickJNJ
#JPM15
#SheriWoodruffJNJ

And by the way, these products are under investigation by the DOJ already in at least 42 states because of the criminal actions of J&J, Ethicon, C.R. Bard, Boston Scientific, American Medical Systems, etc.

We don’t need tort reform. We need safe medical devices.

Yours truly,

Lana C. Keeton
Med Device Expert LLC
1602 Alton Road, #423
Miami Beach, FL 33139

305-671-9331 phone
lanakeeton@meddeviceexpertllc.com
www.meddeviceexpertllc.com

Citing Latest Bombshell Allegations of Trial-Lawyer Fraud, ATRA Urges Congress, DOJ to Investigate
Mesh Defendant's Motion Offers Evidence of Privacy Violations and Massive Fraud in Recruitment of Clients

CONTACT: Darren McKinney

FOR IMMEDIATE RELEASE

Washington, DC, January 14, 2015 -- In light of a stunning defense motion (see attachment) filed today in a West Virginia federal court, alleging massive fraud on the part of plaintiffs’ lawyers in their aggressive recruitment of clients for pelvic mesh litigation, the American Tort Reform Association (ATRA) renewed its call on Congress, prosecutors and bar associations to investigate and prosecute those who defraud the civil justice system.


“There seems to be something of a double standard when it comes to the willingness of authorities to investigate and prosecute allegations of fraud,” began ATRA president Tiger Joyce. “Mortgage lenders, insurers, energy producers, utilities, a variety of manufacturers and many others are routinely subjected to made-for-media scrutiny by congressional committees, the Department of Justice, the Securities and Exchange Commission and state attorneys general.


“But rarely do examples of even blatant fraud by plaintiffs’ lawyers, such as wholesale creation of phony chest x-rays for asbestos lawsuits, draw comparable scrutiny,” Joyce continued. “Too often, authorities are willing to look the other way and leave private sector victims of trial-lawyer fraud on their own to seek justice.”


Joyce noted lawsuits, brought under the Racketeer Influenced and Corrupt Organizations (RICO) Act by CSX Transportation, Feld Entertainment and Chevron that, just in the past year, successfully punished fraud by plaintiffs’ lawyers in asbestos, animal rights and environmental litigation, respectively. He also pointed to ongoing revelations in the Garlock Sealing Technologies bankruptcy proceedings where the presiding judge has already called out plaintiffs’ attorneys for manipulating evidence of asbestos exposure. Garlock has now initiated litigation accusing several asbestos law firms of fraud, and other defendants are expected to do the same.
“With roughly a 100,000 similar claims pending in federal court, today’s defense motion in pelvic mesh litigation raises still more questions about the ethics and practices of some personal injury lawyers and the firms they contract to recruit clients. But investigative authorities continue to avert their eyes,” Joyce observed. “The latest edition of ATRA’s annual Judicial Hellholes report raised a red flag about the alarming multimillion-dollar campaign the plaintiffs’ bar has waged to make mesh litigation the nation’s fastest growing mass tort ̶ even though regulators haven’t declared the surgical implants unsafe, and even as many physicians consider the implants to be the best treatment available for many women.”


In its motion filed today in federal multidistrict litigation presided over by U.S. District Judge Joseph R. Goodwin, Johnson & Johnson subsidiary Ethicon, offers extensive evidence of seemingly wholesale fraud by plaintiffs’ lawyers in recruiting mesh surgery plaintiffs. For example, transcripts of recruiters’ phone calls to women that have not even had mesh implant surgeries brazenly encourage the women to lie in order to “collect $30,000 to $40,000” of “compensation.” The motion also alleges violations of many women’s privacy by way of violations of the Health Insurance Portability and Accountability Act (HIPAA).

“How many millions or billions of dollars must U.S. companies unjustly be forced to squander in defending themselves against fraudulent lawsuits before members of Congress, state and federal prosecutors and state bar associations begin to actively investigate, prosecute and punish such fraud? The 114th Congress’s House and Senate judiciary committees should begin gathering information and conducting hearings into allegations of widespread trial-lawyer fraud, and prosecutors and bar associations should pay close attention to their findings,” Joyce concluded.

-ATRA-
The American Tort Reform Association is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. ATRA's membership includes non profits, small and large companies, as well as state and national trade, business, and professional associations.

Thursday, January 22, 2015

OOOPPPS! DONNA CISSON WINS VS. BARD....OH NO, SHE LOSES! $1,125,000.00 TO THE STATE OF GEORGIA...

Jury's $2M Verdict In Bard Mesh Bellwether Stands

By Caroline Simson

Law360, New York (January 21, 2015, 2:56 PM ET) -- A West Virginia federal judge on Tuesday left intact a $2 million jury verdict against C.R. Bard Inc. in a bellwether trial over alleged defects in its vaginal mesh implants, saying the company hadn’t proven a miscarriage of justice and denying it a new trial.

But U.S. District Judge Joseph R. Goodwin also refused to find unconstitutional a provision in Georgia’s Tort Reform Act of 1987 that requires prevailing product liability plaintiffs to pay 75 percent of their punitive damages to the state. The Cissons’ complaint...

IF YOU ARE AN INJURED PATIENT, THERE ARE PARASITES EVERYWHERE TO USE YOU AND ABUSE YOU...the FDA, the U.S. Government's DOJ, doctors, hospitals, corporations, inside the beltway in Washington, D.C. "patient advocacy organizations" who use you as their "dog and pony show" before Congress...and the latest....THE STATE OF GEORGIA! The entire system is highly abusive and disgusting!