Where are you in your mesh journey

Kathy welcome to the Forum. According to David Goguen, JD University of San Francisco reporting in lawyers.com:

What is the Difference between a Statute of Limitations and a Statute of Repose?

If you’re thinking about filing any kind of civil lawsuit – including a claim over a defective or dangerous drug – it’s important to understand how your state’s statutory time limits could affect your right to get compensation for any harm you’ve suffered.

By David Goguen, J.D., University of San Francisco School of Law

Updated: Apr 9th, 2015

Statutes of limitations and statutes of repose are state laws that set time limits on the right to file a civil lawsuit (including claims arising from defective drugs and other dangerous products), but there are a few key differences between these two kinds of laws.

Please answer a few questions to help us match you with attorneys in your area.

Did the injury occur at work?

What is a Statute of Limitations?

A statute of limitations is a state law that puts a time limit on a potential plaintiff’s right to file a civil lawsuit after suffering some kind of harm. These time limits are usually expressed in years, and the deadlines set by these laws vary depending on the kind of case being filed.
In almost every state, there is a specific statute of limitations that applies to “tort” or personal injury cases where one person’s carelessness or intentional action causes harm to someone else. And that same personal injury lawsuit deadline will typically apply to product defect and defective drug (or product liability) lawsuits. For example, the same statute of limitations deadline governs standard personal injury lawsuits and product liability lawsuits in:

  • California (where the time limit is 2 years)
  • Illinois (2 years)
  • Massachusetts (3 years)
  • New York (3 years)
  • Ohio (2 years), and
  • Texas (2 years).

If you’re in a car accident, you slip and fall, or you get bitten by a dog, you know about your injury right away, and it’s very likely you know – or can fairly easily learn – who is legally responsible for it. But that’s not the case with every kind of case and every situation. So many states apply a so-called “discovery” rule to the personal injury statute of limitations, which means the running of the statute of limitations “clock” is essentially paused if the potential plaintiff did not actually discover that he or she was harmed – and could not reasonably have made that discovery – right away. In those states, the “clock” doesn’t start running until the harm is actually (or should have reasonably been) discovered. Sometimes, this “discovery” rule works in conjunction with a statute of repose (more on this in the next section).

A statute of repose sets a deadline based on the mere passage of time or the occurrence of a certain event that doesn’t itself cause harm or give rise to a potential lawsuit.

What is a Statute of Repose?

While a statute of limitations sets a lawsuit-filing time limit based on when the potential plaintiff suffered harm, a statute of repose sets a deadline based on the mere passage of time or the occurrence of a certain event that doesn’t itself cause harm or give rise to a potential lawsuit.

Statutes of repose most often apply to specific kinds of injury-related cases. For example, statutes of repose are common in:

  • Product liability and product defect cases, where a lawsuit alleging injuries related to the product might be barred if a certain amount of time has passed after sale of the product, or the product’s first use. (For example, in Georgia, no product liability lawsuit can be filed if more than 10 years have passed since the product was first sold for use or consumption. Georgia Code section 51-1-11.)

HERE ARE THE STATUTES:
https://docs.acec.org/pub/D4C521E3-D78E-0C0F-96A6-22355F03AED3

Hi Caleb- Can you tell me where you are located? I have a list of hernia docs who have received good recommendations from other folks. That is no assurance but a good guide. You will want to know their stance on mesh if you do not want it placed in you again. Get them to put into writing their commitment not to use it if that is what you want.

Just off the top of my mind, Kevin Petersen in Las Vegas does non mesh surgeries. Also Shouldice Clinic in Toronto is top notch non mesh hospital. You must be a candidate for a non mesh repair and they are particular about who they take because they want successful outcomes. In other words, they do not want smokers, or someone who is obese and has had repeated mesh failures. I’m not a doctor but that is my understanding. Let me know your email… thanks… if you want to send it privately jeakre@gmail.com

Hi CAHowell- Thanks for joining the community. So you had a Restorelle Y mesh by Coloplast in 2013 then a second procedure in the same surgery (why?) for in the same procedure with an AMS MiniArc. This was done laparoscopically.

Why did you have the E-Stim inserted? And you have had to quit your job?
Sounds like damages there.

Did you talk to any lawyers in 2013 or 2015? Typically the lawsuits have been over mesh delivered through the vagina (transvaginally) and everyone assumed an abdominal or laparoscopic placement was much safer. In fact that is the only prolapse mesh (Y mesh) that is not banned.

Do you have nerve damage symptoms? Is the 11k offer for both meshes. It sounds like a nuisance offering and is very insufficient if you have had to quit your job, in my non-lawyer opinion.

So many questions, also what state do you live in? Thanks CA, please answer…After legal fees your 11 k would be about $5k. Get back please, jane a

Shane- thats for posting in the Forum. Can you contact me. Its important

jeakre@gmail.com I would love to post your story and may know folks who can help. Please get back and I’m sorry this has happened to you. jane a.

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Jane, Thank you for your time. Did not accept the 11,000 settlement from Coloplast settlement. Have a lawyer who will take my case but states I need to see a physician/surgeon for thorough exam and opinion regarding my longstanding complications. Live in Atlanta, GA and have list to see… most are far and out of state. Need to talk with someone privately to help me understand what happened to me and not going around blindly on my own. Your question re’ the 2 surgeries… FIRST, Prior Hx in 1991of complete Abdominal Hysterectomy. THEN, in 2013 with c/o urine incontinence and rectocele had POP repair, urine incontinence repair w/mesh, rectocele repair w/mesh by Uro/Gyno and in same surgery had an anal sphincter repair by Colon/Rectal Surgeon, all in one surgery. Had long hx of IBS, 3 vaginal del/big babies w/ episiotomies. Post surgery I was and still am debilitated with compromised lifestyle. Sought care from UroGyno Surgeon, Rectal Surgeon, GI Docs, and then another GYN. suggested EStim for chronic bladder/bowel incontinence. The effectiveness of EStim has been marginal at best. All problems continue with intractable incontinence, Tenesmus, Hemmorhoids and Dyspareunia. Have been shunted from one doctor to the next. Still with daily trials forthgoing. So want and willing to go to an “Expert” who can give me the real and actual truth which is what Lawyer is asking for. Many thanks. CAHowell

Hi Jane, thankyou for message. I will send you an email

janeakre what is the Common benefit fund? What do you mean??

When you are filed in multidistrict litigation or a grouping of similar cases, the lawyers file an executive committee with lead law firms doing most of the heavy lifting, ie depositions, research etc. As a result, those law firms want to capture 5% of any settlement and/or jury verdict to reimburse them for the costs associated with that work. The common benefit fund is intended to reimburse the lead lawyers. PS- a lot of this is political, in other words, friends of the executive committee find themselves being reimbursed for work they may not have done. Im not a lawyer and this is just my opinion. ja

Dear Janeakre and fellow courageous mesh warriors,

I am new to this forum, thank you for having me. Is it too late to file a lawsuit in MA (against mesh manufacturer) if my surgery happened 6 years and 1 month ago? I just learned, from reading one of your posts, that the statute of repose in MA is 6 years.

The shortest version of my story is that I’ve lived with pelvic pain ever since my surgery was done in June of 2016. Within a year of the surgery a host of strange full body mysterious symptoms and chronic pain began to happen. I take the maximum allowed dose of pain medication to function but I am retiring 7 years earlier as I can’t keep going like this. Surviving life each day, I haven’t had the energy to contemplate litigation. After much thought and research I’ve decided to remove my TVT which will happen this fall. That’s where I am right now in my mesh journey. Looks like I may have missed the statutory deadline by a month. If by chance there’s still time, I’d like to look into filing. I just don’t know where to start. I’d also be grateful for recommendations for an attorney in MA.

Praying for healing and good outcomes for all,

Stella

Stella- Do not go by that. A statute of limitations may not apply if you didn’t know of your mesh injury for many years. Please don’t give up. What kind of mesh do you have? Pelvic or hernia? There may be some lawyers interested in at least talking to you. Let me know please… thanks
Jane a.

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Hi. I have sent you an email, and not sure if you received it as I have not heard anything back.
I have email replies from both the Queensland Health Ministers office as well as the Queensland Premiers office stating that the report I provided highlights issues with the informed consent processes and Continuity of care.
They also commend me for my advocacy and stated that my request for a Senate Inquiry into hernia mesh and Support for mesh injured patients has been noted.
I asked the Queensland Justice Minister what they meant by being noted, and was informed that the State Government sees it as a Federal issue and has noted for the matter to be referred to Federal Ministers.
Thankyou for providing this page for people to share and looking forward to how I can help this cause on a global scale.
In Australia, all surgical mesh is categorised as a classIII high risk device, yet the FDA still has hernia and other meshes categorised as a ClassII medium to high risk. This needs to change on a global level so manufacturers cannot dodge the requirement for safe implants.
I can be reached @
shanecook821@gmail.com
I would appreciate any support that helps us stop this assault on our bodies.
I am also going to include a link to my latest media story from March 2022.
The Courier Mail does ask people to sign up for $1 for 12 weeks access to read the whole story, and the more people who do sign up just to read this story allows the story to climb popularity and the more likely a tv station will follow up, so I was informed by the journalist who wrote the story.
https://www.couriermail.com.au/questnews/logan/shane-cook-fights-for-justice-after-logan-hospital-mesh-implant-ended-in-three-years-of-hell/news-story/4ffb494c5c4586e80df056b1ae8102da

Thanks Shane for the info on the classification in AU. Yes, mesh should be class III and have to go through clinical trials. Do we expect anything less for a permanent implant? Sounds reasonable to me. If you have good lawyer in AU please let people know here. Best- jane a.

I am a mesh patient going through a lot since the surgery more than a year ago. At this point i don’t trust the medical staff that operated on me. The verdict is to remove the mesh. I want to have a legal representation before i agree to the removal.
Any suggestion for a medical malpractice lawyer south of North Carolina?
Thanks!

Hi Jane, I had a Bard Y mesh implanted by Dr. Videla, in Phoenix, Dec. 2012. I’d been married only 3 years at that time. Our sex life ended with the mesh. I wasn’t able to find a doctor to remove the mesh until 2021, by Dr. Tom Margolis, here in Northern California. I’ve now had 3 removal surgeries and there is still more mesh. Unfortunately, Dr. Tom told me yesterday, my insides look like a grenade exploded in there and there is just no tissue left to work with, so no more surgeries. He will help me manage my pain. I’m near 70 years old. My mom lived to 96. Am I to “manage my pain” for another 25 years? I cannot sit, walk, stand, exercise or even sleep without feeling mesh sticking me and it hurts like heck. Apparently, I’m past the statute of limitations for any legal recourse. Have you any advice? So appreciate it.

Miha-

Welcome to the forum!!D

Just from what I know, I’m not a lawyer, medical malpractice is a very difficult case to prove, therefore its tough to find a lawyer to take the case. They have to get doctors to testify against another which they are not inclined to take. In a case of egregious medical malpractice, you should at the very least report it to the hospital and the medical society that licenses doctors in the state.

You might google medical malpractice lawsuit in your state to see how other suits have fared and who the lawyer was. i do not know anyone in particular who takes those cases. Sometimes lawyers will file against the VA, so that might be an exception. Best of luck… write me privately if you’d like to discuss… jeakre@gmail.com

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Hi Jane,

I’m sorry I missed your message. I haven’t been on the forum for a while. To answer your question, I have a sub-urethral sling. Removal surgery is finally scheduled for February 2023. I am not giving up. If I was to pursue legal action, my goal would be to raise awareness and make sure what I’ve been through doesn’t happen to others. I’m certain thousands of women have endured horrific injuries, even worse than mine.

Happy Thanksgiving and holidays to you and all!

Maritza

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Let me know if you want to know the lawyers working these cases… jeakre@gmail.com

Yes Jane If there are any lawyers in Australia who are working on this, that information would be greatly appreciated :blush:

Yes please! Some times you find updates on the law firms websites