Thursday, August 2, 2018

THE QUALIFIED SETTLEMENT FUND IRS 468 B: HOW ATTORNEYS SETTLE THOUSANDS OF CASES FOR HUNDREDS OF MILLIONS OF DOLLARS WHILE CHEATING THEIR CLIENTS OUT OF THEIR LEGAL RIGHTS


“THE DAILY DROP”
The Legal Cartel: Facts, Rumors & Innuendoes

Lana C. Keeton
Med Device Expert LLC
Legal Consultant  .  Medical Device Expert
© 2005 - 2018 Lana C. Keeton All rights reserved.
This material may not be published, broadcast, rewritten or redistributed

Volume 1 Issue 8 July 31, 2018

THE QUALIFIED SETTLEMENT FUND IRS 468 B:
HOW ATTORNEYS SETTLE THOUSANDS OF CASES FOR HUNDREDS OF MILLIONS OF DOLLARS WHILE CHEATING THEIR CLIENTS
OUT OF THEIR LEGAL RIGHTS

The “hernia mesh trial strategies” of the Ethicon Physiomesh and Atrium C-Qur

Plaintiff’s Steering Committees are doomed. The losing Transvaginal Mesh trial strategy, if you

can call it a trial strategy, is a dog that don’t hunt. It never did. Just ask those 13, 000 “Non-

revision” Plaintiffs dismissed without prejudice by Judge Joseph R. Goodwin by Pretrial Order

No. 293 in Ethicon MDL 02327 on April 11, 2018.

The only thing ever done in their favor was that hopefully some attorney or attorney firm

paid the filing fee for their case to be filed somewhere and it wound up in the U.S. District Court

for the Southern District of West Virginia. From then on the “Legal Cartel” took over and made

the decision for them: without surgery to remove the permanently implanted synthetic surgical

mesh, there would be no court proceedings for them. Preposterous.

The playbook currently being touted at Hernia Mesh Conferences is not a strategy to

win, it is a “strategy to settle” via an IRS 468 B Qualified Settlement Fund. The Defendants

have agreed to go through the “Motion Practice” gymnastics of another Multidistrict Litigation

as long as the Plaintiff’s Attorneys Steering Committees will maintain their philosophy “Don’t

Kill the Company”.  

Of course, all the attorneys and their plaintiff clients out in the hinterlands do not know

the truth. Many of these attorneys still believe they are advocating for their clients and won’t

know for a few years, they have zero control over their own client’s cases once in these

Multidistrict Litigations.

What a waste of time and energy and tax dollars spent servicing the multibillion dollar

legal industry for the benefit of major pharmaceutical and medical device companies. And for

the benefit of the attorneys, both defense and plaintiff. There you guys are hiding in plain sight

because all the “negotiations” in Multidistrict Litigation are confidential protecting your income

and that of the major corporations.

So as attorneys gather their thousands of cases with massive amounts of money being

spent on advertising, the Non-Plaintiff Steering Committee Attorneys are informed “Don’t take

hernia mesh cases where there has been no hernia mesh removal surgery. No surgery, no

lawsuit.” Really?

Why is that? The case has to fit into the expertise of the Plaintiffs Attorneys Steering

Committee, Settling through an IRS 468B Qualified Settlement Fund, which they will use to

settle virtually all the cases in the end of the MDL. An IRS 468 B Qualified Settlement Fund

requires the following:

“Section 468B Settlement Funds: What They Are and When and How to Use Them”

                   a.                        “Creating the 468B Fund.
                                                                                i.            Plaintiffs, settling defendants, or some combination of these parties
move the court for a discretionary order to approve establishing a 468B Fund, and to provide for a complete release of liability for each settling defendant (and its liability insurer) upon payment of an agreed amount into the Fund’s account.10
                                                                              ii.            Simultaneously, any litigating party moves the court to enter an order appointing an administrator for the 468B Fund and to establish terms of the Fund’s administration.11
                                                                            iii.            The Fund administrator files a notice of acceptance of this appointment, submitting the Fund’s administration to the jurisdiction of the establishing authority.
                  b.                        Administering the 468B Fund. Pursuant to the terms of the Fund’s           administration, the Fund’s administrator does its business as follows:
                                                                                i.            The administrator moves the court (or governmental authority) to enter its order approving settlement by and among plaintiffs, the Fund and any settling defendants, dismissing them with prejudice.
                                                                              ii.            Pursuant to court authorization, the administrator makes an initial distribution of attorney fees and costs to plaintiffs’ counsel,12 and of negotiated lien amounts to lienholders.
                                                                            iii.            The administrator files a declaration of supporting materials, which typically includes the following:
·         The Settlement Agreement, Assignment and Release of Claims by and among plaintiffs, the Fund and settling defendants;
·         Confirmation that all liens identified by claimants and their counsel have been addressed; and
·         The Settlement Agreements and Releases between the Fund and each claimant.
                                                                            iv.            With court approval, the administrator then signs Settlement Agreements and Releases with all claimants.
                                                                              v.            The administrator moves for an order approving the distributions to all claimants and to any remaining lienholders, certifying the individualized Settlement Agreements and Releases, and authorizing disbursement of remaining settlement proceeds pursuant to those agreements.”
LINK:

A permanently implanted defective piece of surgical mesh has to be surgically removed

in order for you, the attorney, to sue the maker of the defective piece of synthetic surgical mesh?

Talk about a doomed strategy. Like I said, that dog don’t hunt in hernia mesh cases.

Attorneys will not be able to say it was surgically implanted the wrong way, find

surgeons who are capable of, and willing to, do the surgical removals and the Plaintiffs

Attorneys Steering committee members (many of them) are clueless as to what Polypropylene

actually is. They focus only on the FDA recall reasons and not on the actual inherent defects in

every single piece of synthetic surgical mesh. They do not, and do not want to, understand what

polypropylene synthetic surgical mesh actually is and why it should not be used in humans.

Think I am kidding? Next hernia mesh conference, ask some of the “knowledgeable”

speakers “What is polypropylene?” No cognizant answer will follow. But ask them about all the

IRS 468B  Qualified Settlement Funds they themselves have from the thousands of clients they

have cheated, now there is their expertise. Their own personal millions of dollars in their own

law firm or their own personal accounts. Not how to win at trial. Not how to fight for your

clients rights to a trial. Not how to follow the law. Just how to settle.

So how does one arrive at this conclusion? Pretty easy if one reads the docket for the

various Transvaginal Mesh MDL’s in West Virginia, in particular, Ethicon MDL 02327 in the

Southern District of West Virginia.  The Plaintiff’s Steering Committee had a “back room”

meeting and made an agreement with Defense Attorney, Christy D. Jones, to file a Proposed

Inactive Docket Order to place 13,000 “Non-Revision” plaintiffs on the inactive docket.

Case 2:12-md-02327 Document 5045 Filed 11/13/17 Page 1 of 2 PageID #: 158700

“PROPOSED INACTIVE DOCKET ORDER”
“The Court has been advised by counsel that in the cases listed on the attached Exhibit A, the plaintiff(s) and Ethicon, Inc., Johnson & Johnson and where named, Ethicon LLC (hereinafter collectively referred to as “Ethicon”)1 because of prior agreements have agreed to a mutual stay of activity. The Court therefore finds it unnecessary to conduct further proceedings or to keep these cases on the active docket.”

Then Judge Goodwin summarily dismissed them without prejudice BECAUSE the

Plaintiff’s Steering Committee agreed to it with Christy Jones. No motions. No objections.

No trials. No advance notice to the Plaintiffs themselves. Except for the brave members of the

Law Firm, Kline Specter, Philadelphia, PA who had the audacity to actually fight for the 13,000. 

Other than that just Pretrial Order No. 293, April 11, 2018 in Ethicon MDL 02327 signed by

Judge Joseph R. Goodwin at:

Case 2:12-md-02327 Document 5592 Filed 04/11/18 Page 1 of 408 PageID #: 170182

Most likely these 13,000 "Non-Revision Plaintiffs" who were dismissed without

prejudice can thank Henry Garrard III and Gary B. Blasingame of Blasingame, Burch, Garrard &

Ashley and Fred Thompson and Joseph Rice of Motley Rice and Bryan Aylstock and Douglas

Kreis of Aylstock, Witkin, Kreis & Overholtz.  They are the perpetual lead counsel / plaintiffs

steering committee of various monstrous Multidistrict Litigations (mesh, asbestos, tobacco, 9/11,

etc.). They, and/or others in their firms, are also the plaintiff’s steering committee in multidistrict

litigations for Ethicon Physiomesh and Atrium C-Qur.

Not a pretty picture for the thousands and thousands of Americans who wind up in these

massive litigations, who are summarily treated as non-humans, just numbers. I truly wish I had

no awareness of the incredible amount of corruption in our court system. But I do.

So this publication series will continue to expose the ugly underbelly of the over 100,000

Transvaginal #MESH lawsuits passing through the MDL’s in the Southern District of West

Virginia.

Disclaimer: This is addressed to the Guilty “SETTLEMENT PROFESSIONALS”,
and they know who they are. It is not addressed to the Honest Members of the Bar, to the
“NON-SETTLEMENT PROFESSIONALS”, Real Attorneys, Thank you for being honest.


“FIGHTING TO STOP UNEQUAL JUSTICE UNDER THE LAW”



Facebook:  LANA KEETON  and  L.C. KEETON

Twitter:    @LanaKeeton  and  @PlaintiffPower1


Volume 1 Issue 8 July 31, 2018
© 2005-2018 all rights reserved Lana C. Keeton
This material may not be published, broadcast, rewritten or redistributed
901 Pennsylvania Avenue, Suite 3-423, Miami Beach, FL 33139
305.671.9331 phone  .  800.509.9917 fax  .  305.342.8002 cell phone

Sunday, June 24, 2018

A PEAK INTO THE LIVES OF THE 13,000 ABANDONED WOMEN "NON-REVISION" #MESH PLAINTIFFS FORCED TO BE BUTCHERED (PTO#293 SIGNED BY JUDGE GOODWIN IN U.S.DIST.CT. WVA) OR LOSE LEGAL REPRESENTATION “THE DAILY DROP” The Legal Cartel: Facts, Rumors & Innuendoes by Lana C. Keeton, Med Device Expert LLC . Legal Consultant . Medical Device Expert © 2005 - 2018 Lana C. Keeton All rights reserved. This material may not be published, broadcast, rewritten or redistributed Volume 1, Issue 5 June 22, 2018



“THE DAILY DROP”

The Legal Cartel: Facts, Rumors & Innuendoes
by 
Lana C. Keeton
 Med Device Expert LLC
Legal Consultant  .  Medical Device Expert
© All rights reserved. Lana C. Keeton 2005 - 2018
This material may not be published, broadcast, rewritten or redistributed
 Volume 1, Issue 5 June 22, 2018

A PEAK INTO THE LIVES OF THE 13,000 ABANDONED
NON-REVISION #MESH PLAINTIFFS
FORCED TO BE BUTCHERED OR LOSE LEGAL REPRESENTATION



Meet DOTTIE GRIGGS 

“NON-REVISION” PLAINTIFF DYING FROM MESH..
A former ER Nurse at Baylor Hospital, a former Urgent Care Nurse at GMC, an HMO, a former Coronary Care at Rowan Hospital, Former General Manager at Hilton Hotel Corporation

Here’s the word on Facebook… From DOTTIE GRIGGS, just one woman among thousands, who are furious with Pretrial Order 293 and denial of her rights to a trial by her own attorneys. Even the famous amazing surgeon DR. SHLOMO RAZ, who consulted with her will not operate on DOTTIE GRIGGS. Maybe the Plaintiffs Attorneys Steering Committee does not know how to prosecute a “Non-Revision” Plaintiff  case but this “Non-Revision” Plaintiff  does.

            
FACEBOOK POST on 06/08/2018 by DOTTIE GRIGGS,
a Really Smart Mesh Injured Woman
(reprinted with her permission)


“I want to know when the judge in WV also obtained his medical degree in urology and gynecology. He is not an expert at medical, his specialty is supposed to be the law.

However, as we can all see the scales of justice do not set balanced. There are a number of reasons people who need surgery for mesh removal can't have it.
  
 Number #1 reason look at the number of patients that need it and the number of qualified 
 physicians that have the skills to perform it.

#2. Look at the # of Doc's who denied there being any such problem for so many years.
  
#3 Distance, how do the patients all afford to get to these doctors that have the skills, we
don’t all have money trees growing in our backyard. Or an attorneys, doctors, or judges
income.

#4 Why in the world is the sick patient having to bare all the responsibility to begin with.
The Manufactures knew this was going to cause people problems they just did not know
how soon . Admitted in their 2007 annual meeting of AUGS, in addition to it was still in
experimental stages and should not have been billed. No data had been submitted during
those years tracking the patients. To bill was a FELONY, to send the bill through the mail
was a FEDERAL OFFENSE, also a felony.

# 5. When F.D.A. recalled the first implant kit approved, did they not have sense enough
to STOP the other like ones from going to market, rather than grandfathered them in
510K. I have been to multiple doctors seeking help during 12 years, i have been blown
off, lied to, humiliated, given narcotic prescriptions, given help no. Not even by one of
the Most Renowned Doc's in this field. Now I am told I am in too bad of conditions, that
maybe another specialist could do something.

How many years how many doctors does one go to? You’re sick or you wouldn’t be
going to start with, this is not a world travel adventure.

Women/men have had from no surgeries after implant suffering to 20 and I believe I
heard 45 surgeries. My body is damaged. I have multiple complications. 

I am going to die from it. 
Or get lucky and get hit by a bus. 
But for a Judge, any Judge, 
to determine 
the worth of our Vagina 
and the rest of our health 
on the # of surgeries is wrong.


What is right? It’s for the manufactures and the FDA to accept responsibility. Set up a
hospital for treatment, get some doctors trained in removal and help us. The cost is on the
manufacturers, FDA, original doctor and hospital doing the implanting. The patient still
receives equal settlement the same for all, we’re not Call Girls one getting $100 a night
and another $5k.

You can't award one woman $15K for injuries and another $54 million, plus her husband.
What those of us not married didn’t lose consortium? Well I hope all remember the song
“I Can't Get No Satisfaction ". That’s what’s been done mutilation and pain.

The only people gaining anything at the cost of our health,The Courts they get a % of every claim. The attorneys both sides. And why in God’s name would we be paying an insurance company that performed surgery on many of us without our knowledge, if they had stolen our kidney, would we pay insurance for that. All the following care needed because of something that should not have been on the market and harmed us, get real.

That’s like hiring a hit man and paying him two times before and after.”

HOW DID THIS HAPPEN??

Over 13,000 "Non-Revision Plaintiffs" who were dismissed without prejudice can probably thank Henry Garrard III of Blasingame, Burch,Garrard & Ashley and Fred Thompson & Joseph Rice of Motley Rice and Bryan Aylstock of Aylstock, Witkin, Kreis & Overholtz.

These men have been for decades the perpetual lead counsel / plaintiffs steering committee of various monstrous Multidistrict Litigations (mesh, asbestos, tobacco, 9/11, etc.). They, and/or others in their firms, are also the plaintiff’s steering committee in multidistrict litigations for Ethicon Physiomesh and Atrium C-Qur. They should all immediately resign from their positions on the plaintiffs steering committee of Ethicon Physiomesh and Atrium C-qur for conflict of interest in not fully prosecuting these 13,000 women’s cases.

So how do we remedy another potential 13,000 “Non-Revision” Plaintiffs in the Multidistrict Litigations for Ethicon Physiomesh and/or Atrium C-Qur if these men do not resign? Add new qualifications, not a part of the current member of the “Good Ole Boys/Girls Club” qualification, to the current ones.

The current method of determining who will serve on the Plaintiffs Steering Committees for MDL and Class Action lawsuits has to change. The rules for nominating Plaintiffs Steering Committees have to include the following additional investigation of these powerful few men and women attorneys who control the destiny of  hundreds of thousands of Plaintiffs across the United States in the United States Court System:
                       
1)      Forensic accounting of finances of Lead and Co-Lead counsel to determine they have actually paid their previous clients all the money they are owed and are actually financially stable.

2)      A psychological evaluation to eliminate the potential narcissist and/or sociopath.

3)      Drug testing to prevent drug addicted attorneys holding these positions of power

4)      Are there conflicts of interest with their current case load, as in the current situation between 13,000 “Non-Revision Plaintiffs and the new Hernia Mesh Plaintiffs for Ethicon Physiomesh and Atrium C-Qur?

The confidentiality demanded by Defendants, and agreed to by Plaintiff’s Attorneys Steering Committee, in order to settle claims for hundreds of millions of dollars must see the light of day to stop the Three C’s: the very likely collusion, corruption and conspiracy.


The philosophy of the powerful few: 
“Don’t Kill the Company”
To perpetuate the power and positions of 
the Repeat Entrenched Players 
and their Repeat Entrenched Law Firms 
in massive multidistrict litigations for decades

IS KILLING DOTTIE GRIGGS!


This publication series will continue to expose the ugly underbelly of the West Virginia Multidistrict Litigations which has over 100,000 cases in the Southern District of West Virginia. Please continue to enjoy the ride. There’s a lot of ugly underbelly!




© 2005 - 2018 Lana C. Keeton All rights reserved.
This material may not be published, broadcast, rewritten or redistributed
901 Pennsylvania Avenue, Suite 3-423, Miami Beach, FL 33139
305.671.9331 phone  .  800.509.9917 fax  .  305.342.8002 cell phone




Friday, June 8, 2018

HENRY G. GARRARD III "THE BUTCHER of ATHENS, GA" FORCES 13,000 WOMEN PLAINTIFFS TO HAVE "REVISION" SURGERY ON THEIR VAGINAS TO HAVE A LAWSUIT IN WEST VIRGINIA #MESH MDL'S



THESE MEN HAVE POWER OVER HUNDREDS OF 

THOUSANDS OF #MESH INJURED MEN & WOMEN.

THEIR PHILOSOPHY: "DON'T KILL THE COMPANY!"

GO TO PRETRIAL ORDER #273 

IN FEDERAL DISTRICT COURT IN THE

SOUTHERN DISTRICT OF WEST VIRGINIA

ORDER BY JUDGE JOSEPH GOODWIN

"NON REVISIONS PLAINTIFFS" 

ARE DISMISSED WITHOUT PREJUDICE. 

Monday, May 14, 2018

CBS 60 MINUTES HAS CLEAR UNDERSTANDING OFMESH, While the West Virginia Mesh MDL’s Plaintiff’s Steering Committee Continues to Ignore the Truth.


CBS 60 MINUTES HAS CLEAR UNDERSTANDING OFMESH,
While the West Virginia Mesh MDL’s Plaintiff’s Steering Committee
Continues to Ignore the Truth.


STRAWMAN PROSECUTION:
“LIGHT WEIGHT LARGE PORE v. HEAVYWEIGHT SMALL PORE”

This is the strawman used in multiple bellwether trials in Mesh Multidistrict Litigation in West Virginia. It completely ignores the array of physical and chemical properties of Polypropylene Synthetic Surgical Mesh which make it incompatible with the human body.

Not to mention, the inherent manufacturing defects which I personally identified
as a manufacturing and device expert. Mesh is defective whether implanted or on the shelf.

However, leadership on the Plaintiffs Steering Committee, and you know who you are, have ignored a world of technical information readily available to you, through your discovery and your experts, that makes ALL polypropylene synthetic surgical mesh defective.

No, you are off to new MDL’s for Ethicon Physiomesh and Atrium C-Qur. You have abandoned over 13,000 women, PTO 273, whose cases have been dismissed without prejudice by Judge Joseph Goodwin because…. now here’s another strawman…. these thousands of women have not had surgery to remove the permanently implanted mesh that is like removing gum from your hair, a strawman created by the Plaintiff’s Steering Committee to protect the companies.

While I know many plaintiff’s attorneys have no control over their own mesh cases, and I am not talking to you, the Plaintiffs Steering Committee has spent, and received, hundreds of millions of dollars and polypropylene synthetic surgical mesh IS STILL ON THE MARKET.

The 3 men listed below from the 60 Minutes segment presented enough facts that Polypropylene Synthetic Surgical Mesh should have been recalled from the market years ago and NEVER implanted in humans, men or women and you can’t prove it in court.

Link to CBS 60 Minutes Segment 05-13-2018:

BOSTON SCIENTIFIC COURT DOCUMENTS
“In 2005, Chevron Phillips cut off Boston Scientific's supply of Marlex. Later, when Boston Scientific appealed, Chevron Phillips replied, "We are simply not interested in this business at any price." Boston Scientific estimated that it would run out of Marlex by 2012. George Vialle, director of Global Supply Chain wrote, this plastic resin "supports a $120 million in annual revenue… I can not [sic] overstate the importance of getting more." Boston Scientific had to have Chevron Phillips Marlex because that plastic was already accepted by the FDA.

1.      DR. MICHAEL MARGOLIS
 “Dr. Michael Margolis is a surgeon who has removed 350 mesh implants. He's been a witness in lawsuits against Boston Scientific.
“Dr. Michael Margolis: The slings I've removed are substantially altered in their architecture. They are shrunk by at least 50% in width; they are encased in scar tissue. The pores here, these openings here are shrunk substantially.”

2.      DUANE PRIDDY
“Duane Priddy has been a witness in mesh lawsuits, but he is not part of any litigation against Boston Scientific. He explained to us that oxygen breaks up polypropylene. The plastic has antioxidant additives but they dissipate over time.”

3.      CHRIS DeARMITT
 “Chris DeArmitt is a plastics engineer who researched Boston Scientific for one of the women suing the company.”
“Chris DeArmitt: They looked everywhere. They looked at least 20 different companies all around the world. They were looking for stocks of material.”