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Ethicon Media Monitoring 3/9/2017
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Missing Pelvic Mesh Plaintiff: Where is Melody E. Mullins?
Mar 8, 2017 | Mesh Medical Device Newsdesk
With nearly 100,000 lawsuits filled in one federal court in West Virginia by women who claim injuries from pelvic mesh, there are some women who are Pro Se, that is going it alone without an attorney. -
Mesh implant review group concerns raised after two members quit
Mar 8, 2017 | The Herald
MSPs have raised concerns over the independence of a review group looking into the safety of mesh implants.
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Missing Pelvic Mesh Plaintiff: Where is Melody E. Mullins?
Mar 8, 2017 | Mesh Medical Device Newsdesk
Mesh Medical Device News Desk, March 8, 2017~ With nearly 100,000 lawsuits filled in one federal court in West Virginia by women who claim injuries from pelvic mesh, there are some women who are Pro Se, that is going it alone without an attorney.
They are all dangerously close to having their cases dismissed against C.R. Bard for being no-shows.
So where is Melody Mullins?
Melody E. Mullins, from Madison County, Ohio, is one of several plaintiffs in pelvic mesh litigation who is proceeding Pro Se, that is, for whatever reason they are proceeding in the court without the help of an attorney.(Mullins is not the lead Plaintiff in the current case naming Ethicon that has been continued.)
Here is a list of Pro Se Plaintiffs Before Judge Goodwin in the cases naming manufacturer C.R. Bard.
In her Complaint, filed in District Court in the Southern District of WV, Case No. 2:13-30667, she names C.R. Bard and Sofradim, a French company that partners with Covidien to manufacture mesh implants.She claims she was injured from a Uretex TO3 Transobturator Urethral Support System implanted at Ohio State University Hospital in Columbus by Dr. Jason Gilleran on October 6, 2006.
Mullins’ case was filed in the federal court in WV on June 5, 2013 by Doug Kreis of the Aylstock law firm of Pensalcola, Florida. There is no husband named.
Now Mullins is dangerously close to having her case dismissed. She and eight other women have been fined $1,000 for failing to appear at a January 11, 2017 mandatory settlement conference.
In sanctioning the group, Judge Goodwin writes of, “The need to deter this sort of noncompliance.”
He is referring to a failure to engage in good faith negotiations with the Defendants.
“While I am cognizant of the difficulties that are presented by a plaintiff not being represented by counsel, those difficulties do not excuse the plaintiff herself from her obligation to pursue her case actively,” Judge Goodwin writes in his response February 13, 2017.
While Pro Se litigants are entitled to some deference from the courts they are also subject to the time requirements for effective judicial administration.
Covidien defendants have “expended substantial resources on motions, lawyers, travel and time spent attempting to reach the plaintiff unsuccessfully,” Judge Goodwin writes in the template letter to each Pro Se litigant dated February 13, 2017.Where are Melody Mullins and the other 8 Pro Se litigants?
On June 9, 2015, lawyers from the Aylstock firm – Kreis, Bryan Aylstock and Renee Baggett- motioned to withdraw from the case because they couldn’t find their client Mullins.
Melody E. Mullins, of 285 Bowman Court, Apt. A, London, Ohio 43140 did not respond to telephone calls, voice mails, electronic or certified mail.
A letter dated February 22, 2016, was not deliverable.
Kreis then sent certified mail to another address which he submitted to the court March 9, 2016. It was sent to a new address on March 25, 2016 and signed for by a Shamea (?) Mitchell at 1255 Minnesota Ave., Columbus, OH 43211.
The two-story, 2 bed, one bath, 1,166 square foot home, built in 1925, is listed at a value of $56,000 according to Zillow.
According to Ohio Resident Database, a Melody E. Mitchell, age 37 born August 4, 1979, lives at that address.
A Debbie J. Mullins age 62, lives down the street
Attorney Doug Kreis can’t comment on Mullins but tells MND there are a number of possible factors.
“Significant life or family matters and stressors that arise which – at the time- take precedence over personal legal claims; private nature of the injuries that, when put to the task of memorializing the pain and suffering, weigh on patients emotionally causing a flight response; unrelated serious health issues and illnesses; or any number of other issues.“
He adds that an overwhelming number of the Aylstock clients have been strong throughout the process and have shown incredible courage, fortitude and perseverance.
MOTIONS TO DISMISS
On February 13, 2017, Judge Goodwin granted a Sofradim motion to dismiss the Mullins case after she didn’t show up for the January 11, 2017 mandatory settlement conference.
Mullins and the eight others have 30 days to respond to the court with the $1,000 payment or their cases will be dismissed with prejudice.
They will not be able to refile their cases and they will not be on the receiving end of any settlement dollars.
OTHER MISSING WOMEN
The other women missing from Bard litigation, who are subject to this order include:
Maureen K. Buckley 2:14-cv-01398
Mary Margaret Golding, 2:14-cv-09621
Carrie Hau, 2:13-cv-30509
Paula Lupia, 2:12-cv-00090
Julia A. Oliver, 2:13-cv-30668
Kristina Ann Riddle, 2:13-cv-32233
Lydia E. Torne, 2:14-cv-03106
Tawana Waites, 2:14-cv-09326http://www.meshmedicaldevicenewsdesk.com/missing-pelvic-mesh-plaintiff-melody-e-mullins/
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Mesh implant review group concerns raised after two members quit
Mar 8, 2017 | The Herald
MSPs have raised concerns over the independence of a review group looking into the safety of mesh implants.
The issue was brought to Holyrood's chamber after Olive McIlroy and Elaine Holmes, who both suffered severe complications following mesh implant surgery, resigned from the group at the weekend.
Labour MSP Neil Findlay said their action indicated the review had been "completely compromised" and can no longer regarded as independent.
"Olive and Elaine resigned from the review at the weekend because secret meetings have been taking place for the last 10 months from which they were excluded, the draft report they signed up to in October 2015 has been fundamentally rewritten and overturned, key information has been removed from the report, critical new evidence has been omitted and there is no mention whatsoever of the reclassification of mesh by the European Union," he said.
Mr Findlay later called for Health Secretary Shona Robison to give a ministerial statement on the issue.
Tory MSP Jackson Carlaw told the chamber he had been contacted by others within the review group who are "astonished at the wholesale removal of certain chapters from this report".
He said: "The eyes of the world are on Scotland, we are the only government, the only country undertaking a fundamental review of this procedure, and I really have to hope and believe that this report will give justice to the women concerned and will still truly be independent, because fundamental questions are currently being asked as to whether we can have confidence in that."
Transvaginal tapes and meshes are used in the treatment of pelvic organ prolapse and stress urinary incontinence.
Thousands of women in Scotland have been treated using the implants but some have suffered painful and debilitating complications.
In June 2014, then health secretary Alex Neil asked health boards to suspend the use of the implants after a campaign by women who have suffered serious side effects.
The independent review was also set up, with its interim report published in October 2015.
Its final report is due to be published in the spring.
Ms Robison said she was concerned about Ms McIlroy and Ms Holmes' resignations.
She told MSPs she intends to meet with the women and with the chair of the review group separately.
"I want to reassure Neil Findlay and others that I will listen very, very carefully indeed to the concerns raised by Olive McIlroy and Elaine Holmes," Ms Robison said.
http://www.heraldscotland.com/news/15139649.Mesh_implant_review_group_concerns_raised_after_two_members_quit/
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