Breast implant litigation

[Guest guest]

There are some loop holes that may allow cases to go

forward . . . One of the criteria is that you file

within a period of time (usually two years) after you

KNOW your implants made you ill. It may be cutting

hairs, but if a study shows WHY women get sick, that

may determine a starting date.

It's true that these cases are terribly expensive to

pursue. That's why class action lawsuits are used.

Clients shouldn't pay anything up front. The law firm

takes all the risks. . . Many small legal firms went

bankrupt after the last round of breast implant cases.

Initially it looked as though it would be easy . . .

The manufacturer's set up the MDL fund with a grid

that appeared as though women would be fairly well

compensated. When the attorney's got involved, they

advertised and got far more women than they initially

planned for. Then the MDL grid was ratcheted down and

women were allowed to 'opt out' . . . i.e. pursue the

case on their own . .. or stay in, which meant

accepting whatever money was allocated on the grid,

depending on how many women stayed in.

DOW removed itself from the MDL, saw their potential

liability, and declared bankruptcy. . . (They still

haven't paid all their claims . . . after 14 years!) .

.. . The criteria they set for a settlement is very

difficult to attain, even if one is near death.

Women who opted out, for the most part, became part of

class action cases against the manufacturer's. The

early cases did well. However, as the manufacturer's

saw what was on the horizon, they managed to

manipulate the courts and laws to their benefit,

making it increasingly difficult to win a case in

court. They made deals with the attorneys to settle IF

the attorney's would not take additional implant

cases.

What is so sad about all this is that there never was

a definitive study done to determine why women were

getting sick. The MDL used illnesses known not to be

caused by implants, while eliminating problems known

to be implant related! The attorney's didn't do their

homework. . . It was more about getting their

investment back ASAP, than taking care of the women.

Whether or not future cases will make it to the finish

line, who knows? If the attorney's decide to proceed,

it will because the believe they have solid cases.

Undoubtedly, it will take years to get to the finish

line. There are caps on damages, and, as a result of a

recent bill, all class actions cases must go through

Federal court. This allows a judge to use their

personal judgment as to whether or not to allow a case

to proceed and will create log jams in the federal

courts.

So . . . for those of you who want to sue, look at it

as a long term project. Don't hang onto your illness

in hopes of being compensated. You may be watched . .

.. So keep your life honest. To do otherwise is to

invite stress! In the meantime, do everything you can

to get well. And, if you do get a settlement, consider

yourself blessed.

God Bless,

Rogene