Texans for Lawsuit Reform

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In the News

Prosecutors Are Said to Issue Subpoenas Over Pelvic-Mesh Surgery Financing

The New York Times, September 11, 2018

By: Matthew Goldstein & Jessica Silver-Greenberg

Federal prosecutors in Brooklyn are intensifying an investigation into allegations that a network of doctors, lawyers, financiers and consultants lured women into having pelvic mesh implants removed, according to the two people familiar with the matter.

In the past month, the prosecutors have issued subpoenas seeking information about whether women had been tricked into undergoing unnecessary surgery and whether doctors or others had received improper payments, said the two people, who spoke on the condition of anonymity because they were not authorized to do so publicly.

The prosecutors, from the United States attorney’s office for the Eastern District of New York, began making informal inquiries about the network this year after The New York Times reported that hundreds of women may have been pressured into getting the implants removed to improve their odds of winning large cash settlements in lawsuits against the manufacturers.

A spokesman for Richard P. Donoghue, the United States attorney in Brooklyn, declined to comment.

The Florida attorney general’s office, in an emailed statement, said it was also investigating the matter but declined further comment. Many of the procedures in question were performed at walk-in medical centers in the state and were arranged by consultants there.

Millions of women around the world have received mesh implants to correct a condition called pelvic organ prolapse, which occurs when a woman’s organs fall and press against her vagina because of weakened pelvic muscles. That causes urinary and other problems. The mesh reinforces the pelvic wall.

The devices have helped many women without incident, but tens of thousands have said they were harmed by the products and have joined so-called mass tort lawsuits against the companies that made them.

The women were flown to Florida, put up in motels and operated on by doctors they often met for the first time the day of their surgery. All costs were paid by finance firms in return for a portion of settlements the women might ultimately receive from makers of the devices, including Boston Scientific and Johnson & Johnson.

Law Cash, which is based in Brooklyn, was one such firm.

George Arzt, a spokesman for Law Cash, which specializes in providing cash advances to consumers with active personal injury lawsuits, said the firm did not comment on “investigations real or imagined.”

Many of the women were represented in the mass tort suits by a Minnesota law firm, McSweeney Langevin. The law firm’s engagement letters with clients often included a clause requiring that disputes between it and its clients be resolved through arbitration.

One client of the McSweeney firm is now suing her lawyers there, Law Cash and others, claiming they misled her about the need to get the mesh removed. The woman, who lives in Arkansas, won a court victory last month when a federal judge in Little Rock denied a move by McSweeney to force the matter into arbitration.

The federal judge, James Moody Jr., called the arbitration agreement between the woman, Jerri Plummer, and the law firm “unconscionable.”

The judge said the law firm and its agents “somehow got their hands on Plummer’s cellphone number and, after instilling fear of death in her, solicited her to not only undergo a surgical procedure in another state, but also to allow them to represent her.”

A lawyer representing the McSweeney firm said no decision had been made on whether to appeal the ruling in the Arkansas case.

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Texans for Lawsuit Reform

23 hours ago

Texans for Lawsuit Reform

The Dallas County DA argued a judge’s impartiality could reasonably be questioned after she lowered a defendant’s bail considerably while his defense lawyer is one of her top campaign contributors, and then raised his bail after media reports about her rulings. Read and share: bit.ly/3lfQMzM ... See MoreSee Less

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Dallas judge under scrutiny for bail rulings recuses herself from cases

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Judge Chika Anyiam, of Criminal District Court 7, recused herself Monday from 10 felony cases against Julio Guerrero. A Dallas County judge who faced public scrutiny for lowering a murder suspect’s ...
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Texans for Lawsuit Reform

2 days ago

Texans for Lawsuit Reform

TLR General Counsel Lee Parsley joined the U.S. Chamber’s Institute for Legal Reform’s podcast to discuss nuclear verdicts in the trucking industry and what legislators can do to ensure that excessive lawsuits don't shut down this vital industry. Listen and share: bit.ly/3wjgKJ9 #trucking #lawsuit #LegalNews #courts ... See MoreSee Less

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Nuclear Verdicts Create Litigation "Vortex" for Trucking Industry

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In this episode of Cause for Action, Nathan Morris, senior vice president, legal reform advocacy at the U.S. Chamber of Commerce Institute for Legal Reform, is joined by Lee Parsley, the general couns...
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Texans for Lawsuit Reform

2 days ago

Texans for Lawsuit Reform

TLR General Counsel Lee Parsley joined the U.S. Chamber Institute for Legal Reform podcast to discuss nuclear verdicts in the trucking industry and what legislators can do to ensure that excessive lawsuits don't shut down this vital industry. Listen and share: bit.ly/3wjgKJ9 ... See MoreSee Less

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Nuclear Verdicts Create Litigation "Vortex" for Trucking Industry

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In this episode of Cause for Action, Nathan Morris, senior vice president, legal reform advocacy at the U.S. Chamber of Commerce Institute for Legal Reform, is joined by Lee Parsley, the general couns...
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17h 1527046564635721728

Want to make a difference in the fight against lawsuit abuse? Join the TLR team today! #stoplawsuitabuse

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lawsuitreform avatarTLR@lawsuitreform·
23h 1526956133377789952

The Dallas County DA argued a judge’s impartiality could be questioned after she lowered a defendant’s bail while his defense lawyer is one of her top campaign contributors and then raised his bail after media reports about her rulings. Read & RT:

Dallas judge under scrutiny for bail rulings recuses herself from cases

Judge Chika Anyiam, of Criminal District Court 7, recused herself Monday from 10 felony cases against Julio Guerrero. A Dallas County judge who faced ...

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TLR is working to make the Texas legal system fair, efficient, and accessible for all. Learn more: #tortreform

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TLR's objective is to restore litigation to its traditional and appropriate role in our society. A lawsuit takes a heavy emotional and financial toll ...

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