Wednesday, September 12, 2018

OPEN LETTER TO HENRY GILBERT GARRARD III, CEO & CFO OF BLASINGAME, BURCH, GARRARD & ASHLEY PC, WHO IS THE EPITOME OF “UNEQUAL JUSTICE UNDER THE LAW”

HENRY GILBERT GARRARD III
BLASINGAME BURCH, GARRARD & ASHLEY PC
440 COLLEGE AVENUE
ATHENS, GA
706-354-4000

Dear Henry,

A reminder:
“Willful blindness (also referred to as deliberate ignorance, willful ignorance, and conscious avoidance) is a criminal state of mind that translates to putting your head in the sand.”









You are not a “Plaintiff’s Attorney”. You are, and have been a “Defense Attorney” since

the 1970’s when you represented Pittsburgh Corning’s lethal asbestos products in Multidistrict

Litigation. At that time, you filed motions Pittsburgh Corning had the right to have a trial against

every single plaintiff. Almost 500 plaintiffs died while waiting for trial due to your inhumane

motion practice.

Now based on the false evidence proffered through your leadership in Johnson &

Johnson/ Ethicon MDL 02327, not only is surgery to remove a Permanent Mesh Implant the

basis for settlement but 13,000 women do not have the right to a trial against Ethicon/Johnson&

Johnson.

Why is that?
1. In order for Plaintiffs’ Attorneys to recover under the IRS 468 B Qualified Settlement Funds, allowing Plaintiffs’ attorneys to be paid their 40% + 5% attorney fees immediately and the defendant to take the tax losses immediately.
2. To further your personal philosophy, “Don’t Kill the Company”.
3. To reduce the massive settlement amounts Ethicon/Johnson & Johnson would have to pay to an additional 13,000 plaintiffs by a conservative value of $1,456,000,000. [$1.456 billion dollars], preserving cash flow for Ethicon/Johnson & Johnson to pay you and your firm in other MDL’s.
4. So your firm, Blasingame, Burch, Garrard & Ashley P.C., would be able to recover millions of dollars when it sued the same Defendant, Ethicon/Johnson & Johnson, in other MDL’s, Ethicon Physiomesh and Johnson & Johnson Talc, which offered a greater opportunity of financial benefit to you and your firm personally.
a. You are once more on various Plaintiff’s Steering Committees suing Ethicon/Johnson & Johnson.
b. Johnson & Johnson talc cases have less plaintiffs and the jury verdicts have been substantially greater than those paid in transvaginal mesh cases.

You facilitated the violation of the right to due process as a co-lead counsel “Plaintiff’s

Attorney” to 13,000 mesh injured women plaintiffs. Judge Joseph Goodwin issued Pretrial Order

293 April 11, 2018 dismissing without prejudice 13,000 mesh injured women. No trials. No

motions. Just one objection from the Smith Kline law firm. None of the 13,000 Mesh Injured

Women even have a case in the court system anymore. Or an attorney.

Henry, are you really a “Plaintiff’s Attorney”? You hide behind that thick Southern drawl

and that beard and your always secret closed meetings. But you are not invisible. And you are

not invincible.

Based on personal knowledge, I know you are a common thief and a liar. You are a

predator and a parasite. You are a blight on the legal system and the thousands of asbestos

injured mesothelioma and mesh injured plaintiffs over decades. No remorse. No conscience.

You pretend to be a “Plaintiff’s Attorney” just as your co-counsel below pretend to be

“Plaintiff’s Attorneys”, when your actions and their actions scream “Defense Attorney”:

- Gary B. Blasingame and Josh Wages at your firm, Blasingame, Burch, Garrard & Ashley P.C.
- Bryan Aylstock and Douglas Kreis and Neil Overholtz at Aylstock, Witkin, Kreis & Overholtz (AWKO)
- Fred Thompson and Joseph Rice and Jonathan Orent at Motley Rice

Why do I say that?

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

removed in order for you, the “Plaintiffs Attorney”, to prosecute lawsuits for your clients… for

synthetic surgical mesh kits for Stress Urinary Incontinence or Pelvic Organ Prolapse repair you

and all of your co-counsel have personal knowledge are defective , whether implanted in a

human or sitting on a shelf.

There are consequences to a criminal state of mind under the legal theory:

“Willful Blindness: A Substitute for Knowledge?
Willful blindness (also referred to as deliberate ignorance, willful ignorance, and conscious avoidance) is a criminal state of mind that translates to putting your head in the sand. Lawyers call it the “ostrich instruction,” and despite its arguable justification, it is a well-established aspect of federal criminal law. As determined by the U.S. Supreme Court, criminally-culpable “willful blindness” exists where:
The defendant subjectively believed that there was a high probability that an illegal activity took place, and
The defendant took deliberate action to avoid learning about the illegal activity.
When these two requirements are satisfied, willful blindness can – in some jurisdictions – substitute for actual knowledge.”

So how do I arrive at this conclusion?

Very simple. I read the docket history on pacer.gov for the various Transvaginal Mesh

MDL’s in the Southern District of West Virginia, in particular, Ethicon MDL 02327.  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. Again. 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


So Henry, whether you are eventually criminally prosecuted or removed by your peers

because they realize their own willful blindness to your major conflicts of interest from your

leadership positions in the various Ethicon/ Johnson & Johnson Multidistrict Litigations, the

death and destruction you have caused to hundreds of thousands of asbestos injured

mesothelioma cancer plaintiffs or hundreds of thousands of transvaginal and hernia mesh

plaintiffs as a “Defense Attorney” , you will never be remembered as a “Plaintiffs Attorney”


LANA C. KEETON
“FIGHTING UNEQUAL JUSTICE UNDER THE LAW”



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Volume 1 Issue 10, September 11, 2018
© 2005-2018 all rights reserved Lana C. Keeton
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