Thursday, August 2, 2018


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This material may not be published, broadcast, rewritten or redistributed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 “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.”

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

“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


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.


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
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