Medtronic Agrees To Pay $268 Million To Settle Personal Injury Recall Lawsuit Claims Against Medtronic Over Recalled Medtronic Sprint Fidelis Leads.
A settlement has been reached in a mass tort personal injury recall lawsuit against Medtronic, Inc. (“Medtronic” or “Defendant”), alleging among other things that the recalled Medtronic Sprint Fidelis leads (i.e., wires or cables used to connect hearts to implantable defibrillators that provide shocks to the heart when needed to try to stop potentially deadly rhythm disruptions) were defective since they were fracture-prone and could crack, according to a Medtronic Sprint Fidelis Leads personal injury recall lawsuit settlement news report.
There are reportedly an estimated 8,100 Sprint Fidelis Leads personal injury recall cases filed or served against Medtronic that may be eligible to participate in the Medtronic Sprint Fidelis Leads settlement.
If You Have Thoughts On The Medtronic Sprint Fidelis Leads Recall Lawsuit Settlement, Share Your Recall Settlement Comments Below.
Just one more thing, if this guy was legit, he would have a web site, not an e-mail address. Sounds like all the junk mail I get wanting your information. Be Careful!
Plavixman..I agree steer very clear of Jerry….He has no chance to prove that medtronic is guilty of anything that is going to qualify for a RICO suit..his suit has been turned down 1x already and now he is scrambling for anything he thinks might stick and in the process trying to screw up the settlement that has been reached.
I think they are playing all of us. Because they know how much we all need the money. This will keep going,and going they need to just give us the money with no questions asks. Before we see any money some of us will die, and the money will do us no good.
I agree with you Duane ny husbandd ppassed away 01-17-2008 due tto the falty device. I have been in debt ever since. I often think I’ll be dead before I see a penny. They need to do what is right by the people who have suffered for so long.
Just received email from my attorney stating that they are working on medicare and private insurance liens and that in 60 or 90 days they would call me in a conference call with other of his clients to discuss tiers and amounts of money. I don’t see any money be dispense before next spring, and there is nothing I can do about it.
I received letter that the medicare liens must be in before dec 2nd. I was hoping just around christmas they would disperse. Spring time would be extremely upsetting and very unfair. Last letter I received was we shoulda known what tier we were in and how much we would get and that was suppose to be at end of oct.
lawyer said mid november we should know amount. So much confusion, We have different firms, so it’s good that we communicate, Mid november sounds accurate for money figures. christmas dispersal I hope.
talk to my lead attorney after sending email this week, he ststed that he just received information that I had no liens against me, but it would be in my best interest to let my private insurance know before they found out, so that I would not lose all of my settlement, also that if I did that, all they could take would be 15% of my settlement, otherwise they could take all, except lawyers fee. He also said the judge would lower lawyers fees.
We should know amounts and tiers by Christmas, but money may not be release untill 60 or 90 days, hope he is wrong on this.
So even if you have no liens against you, the lawyer advises you to contact the insurance company to let them know. I am in an anti subrogation state, and to be honest the law is kinda sketchy
with the anti subrogation. my feeling is if you notify them they will say possibly we are entitled to at least 15 percent so we will take our share. I dont think its fair that if you dont have a lien, why inform them so they can get there 15 percent. Possibly these lawyers get a fee for everyone that signs up for the lien process also. I know it costs like $400 to register I believe, Talk about getting shafted every which way, we are. Patience is a virtue, but my bills are lingering and really need the money.
Jerry I toldally agree with you, but. as it was explained to me by my attorney if I don’t they can take it all, if they found out.
I beieve the lawyers already know what amounts we will get, because how can my lawyer know that I would have to pay anything if I was not in tier 2? I was thinking that I could be in tier 1.
In any case this nightmare is comming to an end in a month or two, I will budget my Son Christmas with what ever money I have on hand, and pray I get it soon.
Anyone in tier 1 the registration tier, will not be subjected to any payback, that tier is in the 1 to 2k range. I read out of the 14 k claimaints, approximately half had issues with the leads, so that would be tier 2 or 3. I would think in 6 yrs or so, the monies they are holding for the claimants that may have issues in the future, would be dispersed to all claimants also.
Well, as far as I know, I was never told to tell them myself. I did have to fill out a form and list my insurance company and the form was returned to my attorney several months ago. Had to have it notarized. Listed Medicare and they in turn listed Medicaid. Hate being on Medicaid, but my work history due to being disabled gives me a crappy check, so with my low income, I get extra help from Medicaid to pay my bills. If I owned any property, do you know that they can get it when I die to use for payment on my medical bills?? That is really cold… Like what does one do if no family to help out??? I am going to leave all of my estate to my grandkids, provided they don’t get any of it until they turn 25 yrs old. Tired of my kids waiting for me to die for them to dive in.. LOL.. oops sorry, got off course..
ANYWAYYY…. I don’t think it will take much longer. But I’m not happy about having to pay the insurance back at all! Medtronic should have stipulated that in the beginning, but if this keeps them from making more sales of bad pacers, leads, etc., then so be it! That is the big thing… to get them to quit and to recognize what we lose with their faulty equiptment … Hence, the lawsuit to gain from them…. Can’t lose much more than my life to them.. and if that happens, sadly, nobody will gain. I had planned to save some and spend some, but now it looks like it will be minute amount and probably won’t need divvlying up for my own use. 🙁 🙁
I’ve just spoke with my attorney’s office and I am in complete agreement with the majority of you here. They are dragging this out. My attorney told me they are sorry that they cannot tell me specifically what tier that I am in. I know what tier that I am in based upon guidelines provided, but to hear it from my attorney at this specific time would be helpful. I express my thoughts about this prolong battle. I did not signed up for the private resolution, because mine was done through a government agency. I told my attorney to find out the status and get back with me with a resolution. I did not do it in anger, but in a tone that was firm and professional. Let us get this done NOW
Dawg, I really can’t say much, but OUR attorneys isn’t the problem, its the people who did not sign up for the program attorney’s causing the delay. There was 15 who stayed with the MDL and tried to con’t on. Hopefully the Judge dismissed the MDL today and we can move forward. He had given them two weeks to clean every thing up. Today was the day. Just hang in there everyone, it going to come to an end. Best of Luck.
Received a letter today saying its going to take longer as the liens are holding up the process and they dont want to give out figures before they know about all liens for claimants etc. What nonsense, who knows what happens if they keep prolonging it.
Hope the interest these past months will go to clmaints ???? lets see $220 million or so weekly, mthly, the letter said several more weeks for award notification, NOT DISPERSAL……….so it appears 1st qtr of next year the way its going .
I hope most of my reply got thru but I will try again. We are never going to know anything until the MDL is disbanded. Our lawyers are not going to tell us what we are going to get until the settlement is funded. That is not going to happen until the Judge disbands the MDL, and people keep filing papers to prevent this. Hopefully this past week he made his final ruling and will set everything to disband the MDL. The CSC may or may not be done, that is in question with the Insurance liens they are dealing with. But they can end that quickly once the settlement is funded. That will trigger us getting our settlement letters from our attorneys. Stay tuned it could be another 3 or 4 months before we see a dime.
plavixman – Thanks for keeping the fog clear. It can get hazy and I really do appreciate your comments.
I hate to sound morbid but, I just wonder, how many of us have passed on since this whole class action process began? I’m just sayin’ . . .
As I stated before, we are awaiting awards. We will notify you and everyone else as soon as we do. We have heard nothing from the defendants yet; We are hopeful that this will be soon.
Does this mean the MDL has been disbanded. I know Medtronic will not fund account until this is done and we cannot get awards until then. Where did this friend get their information.
I spoke with my attorney’s office today at let them know how we are feeling about this whole debacle/fiasco. What I was told is that there is an administrative holdup in need of dotting all the i’s and crossing all the t’s. After that, the judge will sign off on the ordeal and we should have some correspondence within the next thirty days. My personal feelings? If there wasn’t a voice recorder or a video camera present, it didn’t happen.
I could not have said it better myself. Its not they attorneys could have made this whole thing happen one day sooner, its that they keep lying about what is happening. I know for a fact the courts have held this whole thing up because they had as of Nov. 8th, not released all the pending suits form the MDL. In order for Medtronic to fund the suit, there CANNOT be an MDL. Judge Kyle should have made that ruling on Nov. 9th, but I don’t know what happened. There were still 15 cases pending. If he released those cases back to the regular court system, then they may be able to Disband the MDL. Hopefully this is happening. Good Luck!!!
I am really sick of this whole thing. There are so many factors that can perpetually retard the resolution of this situation. Judges and attorneys that have been involved with this long case can die or retire, causing further delay because they have to be replaced. Plaintiffs can get sick or die, and not complete paper work. Litigants can keep cropping up, throwing up road blocks . This whole thing is a complete joke. Medtronic is probably laughing their butts off knowing that they created impossible stipulations for releasing the money. This case has too many moving parts, and our legal representatives cannot get get all of the parts moving in a cohesive and progressive way.
People accepted Tricky Dicks “well I am not a crook” and thuis began the nightmare that was ‘watergate’. Fast forward forty years and you listen to ‘plavixman’ and other medtronics shills with shrill voices saying “you wioll get your pitance VERY SOON, maybe next month even”. This just around the corner malarkey started a year ago and may have as long yet to go. Thanks loads shysters but I am taking a different road and just as you all, the conformists, are not wrong, people like myself who have been vilified on this forum are likewise not wrong. But then that logic does not stir up the sheeple now does it plavi. You just HAVE to have someone to hate when in reality it was and is medtronic that is the ‘bad guy’. I damn near died from my voodoo electronics nailing me to the wall four times in one day in November 2005 and got a st jude replacement installedn ilast March, so it is not as if
I feel sorry for people who are so bitter. We may get something, but not what we deserve. I hope you get yours David. And by the way, I got nailed 6 times, so you can’t tell me about crap. You really need to take your st. jude and crawl in a hole. Your bitterness makes me shrill.
Hey Plavi, I cannot get access to respond to your 11/18/11 comments to and about me so I am inserting it here. DO YOU UNDERSTAND ? I am NOT commenting on this post. Would you do me and yourself a favor amigo ? Go back through the posts you have made over the last six months or so. Whada ya think ? No vindictive, accusatorial, or may I say bitter comments there, huh? The purpose of my post yesterday was to attempt to “bury the hatchet” so to speak even if my opinion as to your role in this legalistic fustercluck was WRONG. I am not going to change my post, and I do not expect you to change yours. And one errant zap from a defibrillator is one to many so I do not wish to “compare scars” with you or any other VICTIM of medtronic inc. You said, however, exactly which side your bread is buttered on with your incredibly nasty (yes NASTY) depiction of St Jude medical group and their products. I wish you well in your future work, don’t ‘be a stranger’ now, ya hear?
NOW, NOW, BOYS! Let’s play nice… we are all in this mess together and if one of us (or any other person) wants to make a statement, let it be allowed — without fussing and fighting and name calling or acting jealous/hateful/mean, etc. of/or to one another! I sincerely feel that there should not be any “I got hurt more” from any of us to another person on here! We are all hurt to some degree, whether it is having replacement, almost dying, fearing death from the “zapper”, or whatever we have incurred! And that’s that!
So, can we all just calm down and play together??? It serves no one person, or all of us collectively, to battle over the settlement. If it were not going to be fair, then there would not be a suit that has been funded and approved. We are lucky it was approved! Many suits are declined flat out! It does take a long time for some of us folks to get on the ball to let his/her attorney gain all the information from him/her because perhaps he/she is too ill or has family problems, or whatever. We should be able to give our present updates as we informed by our attorney, but we should do so without dissing someone else’s update. My attorney’s office is on the ball. They have successfully handled many BIG BIG cases and succeeded in winning. So I trust them to act in my best interest. They have a lot to lose if they lie to us!
No, I don’t like that there is going to be money given to the insurance companies. I think it should be given to us as additional reparation for current and future damages. But that is my opinion. Also, it is MANDATORY for all persons to provide their information regarding which insurance company paid for the procedure of implantation, even if it was Medicare, Medicaid, BC/BS, Humana, etc. If you don’t do that, then you could be individually sued for restitution to the insurance company. It is the law! That is why there is so much money in the fund. The insurance companies are legally allowed to be paid back! And no, I do not like it, but it is what it is!
I know for sure through a Medtronic rep from my doctor’s office that Medtronic will pay for all future needs related to malfunction of the faulty lead(s) and only for that! Not for the pacemaker itself…. just the lead(s) as that is what the suit is over … LEAD(S)!! Unless, of course, the pacemaker itself goes haywire! So I am not concerned about having future expenses. Period, end of story!
My main concern is making it to Houston for the surgery. I can request air transport and it will be given from where I am at the time! I prefer Houston for its experts because they can provide me with their expertise and expert medical care for this problem. My other concern, of course, is waiting for the “failure” of the lead(s)! I pray all the time for it not to happen, but there are no guarantees. Yes, it stresses me, but it also has me believing that I must live each day as if it were my last and accomplish what I want to accomplish before I get too old to do it! I have always been an adventurous person and continue to remain the same, more in thought than action. I need to strengthen my body because I am even planning a trip to Europe in Spring, 2012 to track my family’s history. Settlement ready or not, I am ready to go! Can I travel alone? We’ll see. Worse comes to worst overseas, I will be flown back to the USA (through travel insurance) directly to Houston! Where there is a will, there is definitely a way!
Enough said, and I don’t want to bore y’all. Just please, quit the bickering and let’s all do our best to encourage each other that the suit will quickly fund to our hands, maybe sooner than we know at this time. …… amein
I AM NOT HERE TO SLAM ANYONE, BUT DON’T STEP ON MY TOES. I only give and state what I know and feel. Don’t call me names or I will growl back. Seems like every time David Lotz get on here he tries to stir thing up. That is his calling in life I suppose. Enough said.
I just want this nightmare to end. I am tired of waiting and I want to move on with the rest of my short life. Good Luck and we will see what happens and when.
Plavixman:
I am not here to step on any toes and I did not call anyone names! I was just trying to ask everyone to please not “fight”! It is upsetting to many people, and not worth the energy wasted to do it! Just my opinion, and I am allowed to post as such. Thank you!
to you Patricia, and you Btrot54, and yes you Plavixman, may each and every one of you, as well as all the other 14k plus victims of ‘we know who’ have a happy and meaningful Thanksgiving this week and the merriest Christmas ever in a few weeks. God bless you all
Who is the Judge?
Judge Kyle, the is the head judge in the MDL litigation. Here is the link to his office http://www.mnd.uscourts.gov/MDL-Fidelis/district-court-staff.shtml
Seems Judge Kyle has signed off and We are awaiting the JPMDL to dismiss themselves. Also my attorney says they are banking on Award letters to go out by the middle of Dec. if Medtronic goes ahead and funds the account once the MDL is disbanned. They say Medtronic want to get it done before the end of the year. This is first hand info, not second. Maybe we get funds for Mid-Jan. Good luck everyone.
TRUCE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Lets see Plavi, your call for a “TRUCE” lasted juist over 24 hours, get em to put their guns down and then shoot them as they walk away from the battlefield. And shoot them in the back of couse cause thats what your type of coward things gains the most respect from others. Look turdboy, I have for the last year used my REAL name on this site, when the hell are you going to ‘step up’
and for all of you reading todays posts, PLEASE pardon my spelling, I have extremely limited use of my right hand and often hit the key next to or above/below the one intended, and when, like today I am upset my the two faced, inflamatory filth spewed out by a coward too chicken_____ to use his name, it gets even worse. I refuse to use spell check for I feel if you use IT you lose your ability to spell AND to think. Again SORRY, and thanks
call me what you want, I use that name everywhere, and when did I say something negative since I called a Truce. Maybe you need to look at when things were posted, or can’t you read either. LEAVE IT ALONE, I WILL.
I tend to agree with you Plavix. Even though I am dissappointed with the pace in which this case has proceeded, and with the estimated conclusion dates being repeatedly revised, and the expected amount of payouts being less than what was suggested when we completed the initial paperwork, I am ready for the case to end. As long as this case ends soon, and we receive a portion of the settlement that we are legally entitled to, I am willing to accept it. We can’t get more that what has been legally worked out by all parties involved. We all have to decide whether it is worth the stress, and its effect on our health to continue to fight it, in hopes of getting more money. For me getting a few thounsands more is not worth it. lets all just accept reality and move on. Happy Thankgiving, but watch your cholesterol and salt intake!
As of wednesday or thursday, I was told from head atty on case, they are still waiting for the judge to sign off, As one attorney is contesting the amoun in a tier category. So if this attorney did not have an issue with the amount in the TIER, we would be much closer to award notice. Sorry for the news, Hopefully the judge will end this shortly. Have a Happy thanksgiving.
November 15, 2011
Via U.S. Mail or Via E-Mail
RE: In Re: Medtronic Sprint Fidelis Lead Litigation Settlement and Claims Administration Proceeding Update
Dear Client:
We are writing to update you with regard to the Sprint Fidelis Settlement Administration process. We are very pleased to report that we expect to be notified by the Claims Committee of the particular amounts awarded to each of our clients’ by the end of this year.
Your claim will most likely fall into the First Category of compensation, which is called Registration Payment. This category is for plaintiffs who were implanted with a Recalled Lead but the lead has not fractured or has not been revised or explanted for reasons relating to the Recall.
You are automatically enrolled in the Settlement and are eligible for additional compensation if your Recalled Lead fractures, is revised or explanted for reasons relating to the Recall within seven (7) years of the date of signing the Master Settlement Agreement (October 8, 2010). Should you have your lead replaced within that time frame, you need to notify us immediately. There are specific time frames within which we must work to submit any claim for you, for additional compensation.
With the holiday season rapidly approaching, we want to ensure that we can reach you in the event that the award notifications arrive. If you plan to be out of town or visiting family during the holiday season, please provide us with an alternate phone number, address, or e-mail so we can contact you promptly.
We remain hopeful that we will be able to distribute your payment early 2012. We wish you a safe, healthy and happy holiday season and as always, if you have any questions of concerns, please do not hesitate to contact us.
Very truly yours,
Heather A. Foster
Brian, Some compensation!! Tier 1 will be getting a whopping $300.00 dollars maybe.
This was my most recent letter from my Attorneies:
November 15, 2011
Via U.S. Mail or Via E-Mail
RE: In Re: Medtronic Sprint Fidelis Lead Litigation Settlement and Claims Administration Proceeding Update
Dear Client:
We are writing to update you with regard to the Sprint Fidelis Settlement Administration process. We are very pleased to report that we expect to be notified by the Claims Committee of the particular amounts awarded to each of our clients’ by the end of this year.
Your claim will most likely fall into the First Category of compensation, which is called Registration Payment. This category is for plaintiffs who were implanted with a Recalled Lead but the lead has not fractured or has not been revised or explanted for reasons relating to the Recall.
You are automatically enrolled in the Settlement and are eligible for additional compensation if your Recalled Lead fractures, is revised or explanted for reasons relating to the Recall within seven (7) years of the date of signing the Master Settlement Agreement (October 8, 2010). Should you have your lead replaced within that time frame, you need to notify us immediately. There are specific time frames within which we must work to submit any claim for you, for additional compensation.
With the holiday season rapidly approaching, we want to ensure that we can reach you in the event that the award notifications arrive. If you plan to be out of town or visiting family during the holiday season, please provide us with an alternate phone number, address, or e-mail so we can contact you promptly.
We remain hopeful that we will be able to distribute your payment early 2012. We wish you a safe, healthy and happy holiday season and as always, if you have any questions of concerns, please do not hesitate to contact us.
Very truly yours,
Heather A. Foster
WOW, I don’t know if I would have gone this far but this letter says what everyone has been saying on this blog the past week or so. Good luck everyone. And by the way, the hold up is the Judge disagreeing with the amount of hold over for those that have problems the next 7 years. Once that is worked out and funds are released, we will get award letter.
I wonder if the tier money is somewhat higher than originally forecasted. Supposedly 9 million is set aside for future problems
Possibly tier 1 would be double the projected amount, tier 2,and 3 may go higher as well. There appears to be alot of money unaccounted for if the tiers are not increased substantially. I Also heard in the tiers there are letters determining amounts A-J so if a person got shocked 20 times opposed to 5 they probably would get more etc. Any thoughts ?
This is not dated, so I dont know when it was filed but its a lawsuit not in our settlement demanding a jury trial.
http://www.mnd.uscourts.gov/MDL-Fidelis/Orders/2011/110630-08md1905-Order.pdf
that was the old link posted, this is the correct or more recnt link to the requested jury trial.
http://www.mnd.uscourts.gov/MDL-Fidelis/Orders/2011/110630-08md1905-Order.pdf
DONT KNOW IF DOUBLE POST ,but this is the link for the jury trial. its not dated so who knows when, but its possibly very recent. Saga continues…..
http://www.mnd.uscourts.gov/MDL-Fidelis/Forms/ComplaintByAdoption.pdf
Jerry, If you go back and read some of my post you will see where I talk about Don Alexander and his lame brain scandal to get something out of nothing. I am sure he is the author of this and it don’t carry its weight in water. It has already been denied by the Judge. Sorry, Old News.
OK plavi, Here is what you said TODAY at 5:09pm in tresponse to a post at 4:59pm made by “Jerry” : “Jerry, if you go back and read some of my post (sic) you will see where I talk about Don Alexander and his LAME BRAIN SCANDAL to get something out of nothing……..it don’t carry its weight in water. It has already been denied by the judge…..” Not only do you attack Mr Alexander (whom I have no current connection with) , you fail to mention that “the judge ” IS THE SAME ONE WHO REFUSED TO RECUSE HIMSELF JUST BECAUSE HIS SON WORKS FOR MEDTRONIC INC. AND WHO THE FBI HAS IDENTIFIED AS HAVING ACCEPTED $40,000 FROM MEDTRONICS. CMON plavi put the damned shoe on both feet
I cant decipher if those who didn’t partake in the settlement can or were denied and appealing or what ? but let’s not bicker and call each other names etc. I wish everyone luck with there pursuit. Read this from JULY 2011 about the leads from the New England Journal OF Medicine.
http://republicans.energycommerce.house.gov/Media/file/Hearings/Oversight/072011/Curfman.pdf
Did anyone reading this site,ever stop to think that maybe the guy causing the stir is from Medtronic?Remember, we were’nt supposed to discuss anything with anyone, especially publically!Patience is a virtue and we really don’t have much say as to how fast everything will go.Happy Thanksgiving to ya’ll, God Bless each and everyone!!
Today we had 12 member of congress who could not decided on the financial woes of this ONCE great country. We at the grassroot level can agree to disagree, but we must never lose our common ground. For one reason or another we are united in a cause. Keep the peace brother and sister of many nationality and let us united to make this a win for all. PEACE to all and Happy Thanksgivings
AMEN!!!!!!!
Hello Jerry; I was a participant in this action right up to the time, last November, when this ‘super secret’ settlement was published all over the internet. Upon reading it word for word I ‘opted out’ of this travesty and Ihave been traveling my own road since. On several occasions I posted my suggestion that you all also read the actual document but as far as I know only myself and “Plavixman” (Medtronics planted shill) did actually read it. I refrained from pointing fingers or calling names until three days ago and while I honored the plavixman ‘truce’ he just had to return to his old smartass self after 27 grueling hours of keeping his lying trap shut. So plavi I cancel my nice guy demeanor, touche you douchbag
Read these and then tell me who is bitter.david lotz November 9, 2010 at 6:57 am
” as usual it appears the attornies will get substantially all the money while we people walking arround with a ticking bomb in our chest will get a decal for our cars sunvisor informing us that four wheel drive suvs do not corner as well as a corvette or a viper.
I for one thing will NEVER ‘sign on’ to a class action again, and my allready low opinion of the legal trade has ratcheted down a few more levels.”
Wonder who wrote this, check out the first Post ever at this site, Now that the time to finally get paid approaches and his alternative way has not moved forward his bitterness shows. I have never meant to get nasty with anyone, but David Lotz makes me very nasty.
Check out his other entries and there is nothing positive about any of it.
Good Luck everyone
and good luck to you too plavi
Having ingested large amounts of poultry and “fixins” I feel ready to post a calm, cogent and courteous reply to your 11/22/11 post Plavixman. You described me as “bitter” and while that assessment may not be far off, it is only fair to consider my motivation as well as mood when my post was written. Only after I read the ‘official’ PDF Court Settlement Proposal published on the internet and reviewed once again many of the earlier Court documents was I prepared to issue MY opinion. The settlement appeared to me to have the primary function of making sure the various law firms “representing” the injured parties would get paid without regard to ‘claimant’ award calculations and modifications. This is not typical, IS IT ? However under ‘normal’ circumstances I would have no arguement with that arrangement. BUT, if one reads the judges previous decisions, even a layman cannot help but see that the PRIMARY reason he found against the plaintifs was because the “CRACK” legal team representing us made the biggest ‘screw-up’ I have ever heard of . Discovery is on page 3 or 4 of the first book opened by a pre law student on his/her FIRST DAY OF STUDY. Only 18 months after filing the complaint and 3 months after it was dismissed did our legal representitives TRY to retroactively obtain said Discovery so the judges response was not a suprise, he said NO. Plavixman I could continue for a long long time relating the judges failure to recuse himself despite his son being retained by Medtronic, the FBI investigation and report finding that he accepted renumeration from Medtronic, or quoting the January and April letters from two dozen FORMER FDA Doctors relating to the incoming President Barrack Obama the rampant corruption at the top levels of the FDA. Ya ‘plavi’ you may be right about my attitude, but then I don’t think anyone studying this case as much as you and I have could NOT form rather strong opinions. You just have different ones than I. Have a merry Christmas
TO EVERYONE , HAPPY THANKSGIVING…
Happy Thanksgiving to all. I hope we all today gave thanks to God for seeing one more Thanksgiving.
Happy Thanksgiving to all. I hope we all today gave thanks to God for seeing one more Thanksgiving.
It has been two years ago that my beloved Mother died, I feel, as a direct result of this faulty device. She was shocked 17 times in less than 30 minutes. From that day forward she gave up on living as she was in constant fear of “the next time”. I would give very penny of this settlement, whatever it may be, to have one more day with my Mom. I can imagine the stress and fear you all go through every day, and I hope and pray this all comes to closure for each of you soon.
I was implanted with the lead in 2005. In 2008 I was shocked several times and was told the lead fractured. It was capped and another lead was implanted. Ten months later the new one fractured and I had to have an explant. I was posting on another blog, but that one just got shut down. I had a hard time finding this one. Hopefully this gets settled soon.
Well Scar, you see I’m here. I have been using this site for quite some time. I guess News Inferno decided to shut their site down. Well they all do that from time to time. You will tell right away that me and David Lotz kinda go at it like me and Mike did at the other site. Oh well, all is good.
To Scar…I too followed the blog on Newsinferno. Wonder why it was shut down? (My husband also has his fractured lead explanted after 21 shocks in about three hrs time. Horrible to witness much less go through.) Best of luck and health to you all.
To Scar Chest, I just realized you had a new lead implanted in 2008 and 10 months later it fractured and you had to have an explant. That means your second implant, which was done in 2008 was NOT a Fidelis and therefore not part of this suit.
That also means you need to consider filing a separate suite for the implant from 2008. Have you ever considered this. Just wondering because I know the fidelis was recalled in Oct of 2007. If you were implanted with a fidelis, the second time, then the Doctor, the Hospital as well as Medtronic would be responsible. You could blow the lid off all of them. Explain please.
I feel like having the second lead go bad was a complication of the first surgery. If I hadn’t had the first fracture, I would have never received a second lead. We’ll see! Yes I would consider filing if it is not in this settlement, depending on the statute of limitations! I’m glad you’re here on this blog Plavixman. It does seem there are negative people that try to upset us all!
Dear Mr. Judge and Attorneys,
It sure would be nice to have some money to buy gifts for our loved ones this holiday season as you are able to. We didn’t mean to get sick. We were just productive members of society whose bodies decided to take a turn for the worse. With that said, some company decided to help us by knowingly outfitting us with a defective device. Now that they have been told to compensate you have decided to procrastinate. Help us please.
Well the JPMDL met today in Savannah, Ga. I hope they were able to finally disband the MDL. That would mean things should move swiftly. Lets all hope so.
Hey Plavi, I hope you had a good turkey day, buuut as your favorite inquisitor I gotta ask two questions of you regarding your comments at 9:07pm 12/1/11. What dya spose the purpose was for a meeting in Savanna, having delayed and obscured the proceedings , are “they” now taking this dog and one trick pony show on the road, I mean just what is so darned important in a city made famous for GROWING MOSS on everythng that does not move as well as a good number of those that do ? And secondly, how is it you know of these events ahead of time, and why do you consider such ho-hum events important enough to invest a not-inconsiderable part of your day in relating such matters to we, the unwashed masses?
Well David, its kinda like this. I read a lot and as I have stated in the past, I have an attorney very close to the case. Me, I am in Atlanta. They are in Minnesota. Secondly, read my post of Nov 17 and it will give you the web site I use to keep up with a lot of going on. I spent a lot of time finding this info. Its not right in front of you. That’s the way i know a lot. Not smart, just inquisitive.
Hey Plavi, mr warmth here. Inasmuch as this is a site for Medtronic’s victims, I for once, will be brief. This debacle is but a minor part of the plethora of uncannily similar “errors” I have gone through in my adult life. If you are old enough to recall “Lil Abner”, think of Joe Bltzfx (the guy permanently being rained on), I am him. Sell my house:Realter makes a $10k error. Buy a Ford Explorer: DMV errors on title AND sportrac is recalled. Buy a Lotus Elise: ditto the recall. TWICE this year Ive had my Visa cards eaten by bank ATM’s and money withheld. Send cash by Western Union: “regretable error”. I had 13 “EFTA” claims going at one time in 2010. What I’m trying to say is that despite NEVER having a report card marked “gets along well with others” I do try and I did in this case too until reading judge Kyle’s literary equivalent of the middle digit only raised to the heavens re; we victims. Rather than conferance rooms, I’ve spent many hours in Law Libraries working on ‘case law’. So if you enjoy being verbally pummeled by a cretin from california, please feel free to counter attack at tehachapikid@gmail.com . (moderator, if unacceptable to post, PULEEZE ‘pm’ to “Plavixman”). Merry oh ho ho amigo.
plavixman – I respect you highly. You do not around with your finger in your nose and your thumb up your butt. You do your homework. You are direct and that just the way your are. You can respect and you can be like me at time (A Junk Yard Dog) – Keep up the good work. David we should be glad that he search, search and search again. I know I am. If I disagree with him, I will let it know. He has the maturity to handle it. Again, thanks Plavixman for all that you do
plavixman – I respect you highly. You do not sat around with your finger in your nose and your thumb up your butt. You do your homework. You are direct and that just the way your are. You can respect and you can be like me at time (A Junk Yard Dog) – Keep up the good work. David we should be glad that he search, search and search again. I know I am. If I disagree with him, I will let it know. He has the maturity to handle it. Again, thanks Plavixman for all that you do
Plavixman
Please do keep us up to date god knows the attorneys will not tell you anything. The ONLY information I have if what I get from this site.
Something has to change! Medtronic needs to be held accountable! 6 years ago my mother had the defibrulator implanted and November 2011 her recalled lead malfunctioned. No option but to remove. She died when the surgeon went to remove it!!! She was not part of this settlement. Thousands aren’t. Something is going to change. People matter. They are not just statistics!!!
Yes, so far Plavixman is the best relayer of information! Thanks for all your time and effort to stay informed and to keep us up to date!
To Dawg and Scar Chest, there is another site I go too on Legal Reader, Guess who just showed up there stirring things up. Yep, MIKE. Started the same old crap the did on the News Inferno site. O well, everyone needs to be heard I suppose. Hope we hear something this week.
Talked to attorney’s assistant today. Seems award Letters were mailed Friday. Should receive mid week. He would not elaborate on the amount, but I could tell he didn’t think I would be pleased. I have already heard amounts at other sites and they are about 50% of what we thought. No Good. Well, I guess we can appeal if we like, but we need to remember it could go down as well as up. Good luck everyone.
Plavixman – Where is the other site you found this information about the 50% amount?
Just got off the phone with my atty’s asst. I was informed that the amount provide to me was the gross amount for tier 2, which less than 1/2 the amount listed in the subject (average would get 33K). The atty fees (40%) must come from this amount, the if private lien and admin fees (25%). Abe Lincoln once stated “show me a man that won’t stand up for what is right and I will show you a man not worth living” This is an outright raping for people who suffered. I will not accept this for the undue suffering that was caused. Yes called me stupid, but I got to make a stand. Respectfully I understand if there are some who are in needs, but this one I will past on. I will tell that Judge that. This is worse than the raping by Bernie Madoff.
Just got off the phone with my atty’s asst. I was informed that the amount provide to me was the gross amount for tier 2, which is less than 1/2 the amount listed in the subject (average would get 33K) amount listed above. The atty fees (40%) must come from this amount and the private lien and admin fees (25%) also . Abe Lincoln once stated “show me a man that won’t stand up for what is right and I will show you a man not worth living” This is an outright raping for people who suffered. I will not accept this pity amount for the undue suffering that was caused. Yes called me stupid, but I got to make a stand. I might be stupid (stubborn), but I am not ignorant. Respectfully I understand if there are some who are in needs, but this one I will past on. I will tell that Judge that. This is worse than the raping by Bernie Madoff.
Junk Yard Dog – So are you saying the amount we will recieve is $16,582.00 per victim?
Another question… did you have government insurance or private insurance?
To Coolbreeze : google Legal Reader, you will then have to find the Medtronic page.
Cool Breeze – Did you major in Math? I can tell you that info, but I would give you an A minus (almost perfect give or take a few Benjamin)
CoolBreeze, I meant to say I can’t tell you that info. This is an anxious day. Not taken the time to proof read. Sorry about that. At least I am human and telling you what is going on with me today. Sorry about
Just got off the phone with my attorney and they too (so they claim) think that this is indeed a sad day. Tier 2 with a fracture and a cap is 20K minus imposed CRC deduction from the base award amount of 5% per year from the date of the implant and the date of the explant or capping. For example if you had the implant for three years, a total of 5 x 3 = 15% would be deducted from the base amount. Take a look at the scenario below.
EXAMPLE CRS allocated 20K for fracture and capping
You had the implant for 2.3 years = 11.5 percent taken from the base about of 20K would leave you $17,700. Now you must pay the attorney from the $17,700. 40% from $17,700 = $7080.00. You are now left with $10620 Now add admin fee that the lawyer and then the lien for medicare (guessing another 17%) would leave you $8814.60. Merry Christmas Turkey (guess who the turkey is). Somebody please tell me this S@##@$ is wrong. I’s afraid not, this is America. The FDA, Medtronic, the retired judges and lawyers all win and we the VICTIMS LOSES. You better hope you had some shocking. That changes the scenario somewhat
Hey Dawg, did you get shocked or did that catch the fracture before the shocks. Just wondering, you didn’t mention that. I am sure that shocking and complications will be more. Just wondering.
One more thing Dawg, I agree somewhat with you figures, I really don’t know where I’m at because I haven’t been told. But wouldn’t the 40 and 15 percent both come off the top. like both subtracted from the original amount, not the reduced. Just a thought.
To Jennings and to Jerry and anyone else:
Most states have a law that insurance companies (private, Medicare, Medicaid) have to be repaid what they paid out for someone who is suing over damages from someone that incurred medical expenses. As to whether it is 100% or less depends on the agreement that the attorney and the insurance company reach before settling the case. My attorney said that this is what the extra $400-800 is for, to pay the mediators that are dealing with the insurance company trying to get back all it paid out! WITH MEDIATION, IT AND PROBABLY WILL MORE LIKE 15-20% OF WHAT THEY PAID OUT !! So for us to pay 400-800 bux to have then work in our favor is a good thing!
So, if you have 100K to begin with, take out the 15% for the insurance company, that leaves you with about 85K, right?
Then, away from that, take out the “insurance subrogation fee” of say, $800. You have 84.2K
Now the 33-40% attorney fees/costs (33.68K) and you have … more than my sore head can figure…
But we would not be as much left in the drain… we will get something, depending on tiers, which my attorney never mentioned, and whether the attorney charges 30%, 33.3%, or 40%.
Sorry, but even with a good calculator, I am in a fog (which I have been in most of today!), so in no way can I seriously
compute in my head today!
Using these numbers, I came up with 50.52K. Which may be wrong, but remember this — I used the numbers/percentages that I got from my attorney. And I calculated each dollar amount in order of when the money is taken.
Tired, but hope for some replies with correctly calculated numbers!