Guest guest Posted September 12, 2004 Report Share Posted September 12, 2004 Dear Rogene, I have been off line for over a month, problems with my computer. I have lost nearly all my old email addresses I am so upset.Do you remember introducing me to a lady from England not too long ago, her name I think was Dawn. I need her email address again do you have it please. I hope you are well and the family. Take care God Bless, Sue X Quote Link to comment Share on other sites More sharing options...
Guest guest Posted September 12, 2004 Report Share Posted September 12, 2004 Thank you for this, but unfortunately its the wrong Dawn. My memory is terrible I think her name is Dawn, she came across the group very recently the one thing I remember is she has been diagnosed with ms. We exchanged phone numbers but I have lost everything on my computer. Thanks anyway, I just hope she may read some of these emails and get back in touch. Sue. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 21, 2004 Report Share Posted November 21, 2004 Rogene- The Internet is a tricky place for law. It can definitely complicate things because it affects so many states (all with their own laws). The first thing that comes to mind is libel (defamation of someone in print). However...TRUTH of a published statement creates a valid defense to libel. Thus...even if it harms the person's reputation in the community...it is OK as long as the information is completely truthful and checked for accuracy. And...you can prove it is the truth. I am going to talk to one of my professor's at school about the issues we've discussed and see what he knows about implant litigation. I'll let you guys know what I find. Christy Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 21, 2004 Report Share Posted November 21, 2004 I don't know what other claims they might try to bring against a list like that but defamation (libel) should not really be a problem. Here are the basics of libel... #1: In order for doctor to claim libel, the false statement must be defamatory, meaning that it actually harms his reputation. Thus...doc would have to show that it hurt his reputation in some way. If he maintains that implants do not make you sick and you publish that info...then him claiming publication of his own opinion is "harm" to him would make him look like a hypocrite. #2: The statement alleged to be defamatory must also be a false statement of fact. The list would not include any false statements....just truth as expressed by the doctors themselves. Plus...expressions of opinion by doctors are arguably not facts at all. A defamation claim will likely fail if any of these elements are not met. Libel claims are largely governed by state law. Plus federal law gives us the right to free speech under the Constitution. Depending on the state law...I doubt any doctor would have a libel claim since the list would only contain the truth about them. After all...how can something they themselves tell women everyday harm their reputation...unless they have something to hide? Christy Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 22, 2004 Report Share Posted November 22, 2004 Thanks Christy, I guess what worries me is that the doctors have deep pockets, and most the implant women have little or nothing (especially after the doctors get through getting rich playing the implant put-em in, take-em out game!) I wonder if something as simple as a list of " Doctors who believe breast implants are safe " . . . would be cosidered a libelous statement. Also, we could welcome any doctor who changed his/her mind to let us know so we could remove their name from the list. Rogene Quote Link to comment Share on other sites More sharing options...
Guest guest Posted November 22, 2004 Report Share Posted November 22, 2004 Thanks Christy, That sounds doable . . . Would it be preferable to identify the patient who he/she told that implants were safe? . . . Or would it be better to hold the name in cofidence - say with Patty - so we would know who to contact if the statment were to be disputed? IMHO, that would keep the doctor guessing as to which patient is reporting him/her. I do think we need to be able to identify who put the name on the list. . . . But, what if we prepared a form letter that women could send to these doctors? . . . It would put the doctor on notice that this group had been informed by one of his/her patients that, since they had taken the position that breast implants do not cause auto-immune like diseases, they were going to be added to our list of non-supporting doctors. . . And, that if they had changed their opinion, to send us a statement to that effect. What do you think? Am I onto something, or stirring up a hornet's nest? Hugs, Rogene --- SodaRene2@... wrote: > I don't know what other claims they might try to > bring against a list like > that but defamation (libel) should not really be a > problem. Here are the basics > of libel... > > #1: In order for doctor to claim libel, the false > statement must be > defamatory, meaning that it actually harms his > reputation. Thus...doc would have to > show that it hurt his reputation in some way. If he > maintains that implants do > not make you sick and you publish that info...then > him claiming publication > of his own opinion is " harm " to him would make him > look like a hypocrite. > #2: The statement alleged to be defamatory must > also be a false statement of > fact. The list would not include any false > statements....just truth as > expressed by the doctors themselves. > Plus...expressions of opinion by doctors are > arguably not facts at all. > A defamation claim will likely fail if any of these > elements are not met. > Libel claims are largely governed by state law. > Plus federal law gives us the > right to free speech under the Constitution. > Depending on the state law...I > doubt any doctor would have a libel claim since the > list would only contain the > truth about them. After all...how can something > they themselves tell women > everyday harm their reputation...unless they have > something to hide? > Christy > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 8, 2005 Report Share Posted January 8, 2005 have tried and tried - nobody will even listen to my story down here. It actually gets worse - they are withholding pictures from my files saying that they "lost them". I have been into their office 4 times looking for this info out of my chart and they keep giving me the run around. I spoke to him personally and told him that I wanted this pic and I thought he was just "hiding it". I had a witness there one of the times, this summer. They showed me 20 pictures from all the ops except the one I needed from my deflation. They are very full of crap. Several people have had issues with his guy and from what I understand he has had some legal issues also but not one atty will listen to me. I grew tired of trying... All they focus on was the fact that I received the original set in 96 so I am past the statue of limitations. It doesn't matter to them that I didn't know I was sick from them or that I was lied to and withheld important info. This is all the focus on as well as the stupid letter I signed under duress. thanks anyways shari Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 8, 2005 Report Share Posted January 8, 2005 Shari, Have you tried an attorney who specializes in Medical malpractice? . . . I think the attorneys are giving you as much a runaround as the doctor! If you can't find one locally, try statewide. I can't believe that they can start the statute of limitations at the time of surgery! . . . IMHO, someone's lying to you! Hugs, Rogene --- halvey70@... wrote: > > > have tried and tried - nobody will even listen to > my story down here. It > actually gets worse - they are withholding pictures > from my files saying that > they " lost them " . I have been into their office 4 > times looking for this info > out of my chart and they keep giving me the run > around. I spoke to him > personally and told him that I wanted this pic and I > thought he was just " hiding it " . > I had a witness there one of the times, this > summer. They showed me 20 > pictures from all the ops except the one I needed > from my deflation. They are > very full of crap. Several people have had issues > with his guy and from what I > understand he has had some legal issues also but not > one atty will listen to > me. I grew tired of trying... All they focus on > was the fact that I received > the original set in 96 so I am past the statue of > limitations. It doesn't > matter to them that I didn't know I was sick from > them or that I was lied to and > withheld important info. This is all the focus on > as well as the stupid letter > I signed under duress. > > thanks anyways > > shari > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 8, 2005 Report Share Posted January 8, 2005 Dearest Rogene and Patty: Thank you for all the support that you have been giving the women. What we need is a product liability lawyer, because the product failed. Medical malpractice is really what this is all about, but my lawyers tell me that it is important that he also practise product liability. He has written an article on product liability if you would like to see it. I also have a tape that shows Dr. Feng removing breast implants if anyone is interested. I hope that I can find it. Love always...Lea ~~~~~~~~~~~~~~~~~~~~~~~``````````````````````` Re: rogene > > Shari, > > Have you tried an attorney who specializes in Medical > malpractice? . . . I think the attorneys are giving > you as much a runaround as the doctor! > > If you can't find one locally, try statewide. I can't > believe that they can start the statute of limitations > at the time of surgery! . . . IMHO, someone's lying to > you! > > Hugs, > > Rogene > > > --- halvey70@... wrote: > > > > > > > have tried and tried - nobody will even listen to > > my story down here. It > > actually gets worse - they are withholding pictures > > from my files saying that > > they " lost them " . I have been into their office 4 > > times looking for this info > > out of my chart and they keep giving me the run > > around. I spoke to him > > personally and told him that I wanted this pic and I > > thought he was just " hiding it " . > > I had a witness there one of the times, this > > summer. They showed me 20 > > pictures from all the ops except the one I needed > > from my deflation. They are > > very full of crap. Several people have had issues > > with his guy and from what I > > understand he has had some legal issues also but not > > one atty will listen to > > me. I grew tired of trying... All they focus on > > was the fact that I received > > the original set in 96 so I am past the statue of > > limitations. It doesn't > > matter to them that I didn't know I was sick from > > them or that I was lied to and > > withheld important info. This is all the focus on > > as well as the stupid letter > > I signed under duress. > > > > thanks anyways > > > > shari > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 8, 2005 Report Share Posted January 8, 2005 Thanks Lea, We need to share all the information we can lay our hands on! One thing I'm concerned about is that some state laws prohibit using plaintiff's from using attorney's from other states. I don't know the conditions . . . but I know enough to know this can be a major problem, since state laws vary so much. Also, the state where implants are put in is another factor. If anything, there is a big move underway to protect those who are harming us under the pretense of " tort reform " . . . Taking cases like ours is becoming increasing more risky for attorneys. The cost of pursuing these cases can be very high, judges can be bought, and expert witnesses can be blocked from testifying. Putting caps on awards just adds insult to injury. IMHO, it's the threat of legal action that does as much to protect the public as anything else. Take away the threat, and it's buyer beware - BIGTIME! It's going to take very caring attornies to take on our cases and stay with us to the end. They won't be in it just for the money! Hugs, Rogene --- Lea <devans@...> wrote: > Dearest Rogene and Patty: > > Thank you for all the support that you have been > giving the women. > > What we need is a product liability lawyer, > because the product failed. > Medical malpractice is really what this is all > about, but my lawyers tell me > that it is important that he also practise product > liability. He has written > an article on product liability if you would like to > see it. I also have a > tape that shows Dr. Feng removing breast implants if > anyone is interested. I > hope that I can find it. > > Love always...Lea > ~~~~~~~~~~~~~~~~~~~~~~~``````````````````````` > Re: rogene > > > > > > Shari, > > > > Have you tried an attorney who specializes in > Medical > > malpractice? . . . I think the attorneys are > giving > > you as much a runaround as the doctor! > > > > If you can't find one locally, try statewide. I > can't > > believe that they can start the statute of > limitations > > at the time of surgery! . . . IMHO, someone's > lying to > > you! > > > > Hugs, > > > > Rogene > > > > > > --- halvey70@... wrote: > > > > > > > > > > > have tried and tried - nobody will even > listen to > > > my story down here. It > > > actually gets worse - they are withholding > pictures > > > from my files saying that > > > they " lost them " . I have been into their > office 4 > > > times looking for this info > > > out of my chart and they keep giving me the > run > > > around. I spoke to him > > > personally and told him that I wanted this pic > and I > > > thought he was just " hiding it " . > > > I had a witness there one of the times, this > > > summer. They showed me 20 > > > pictures from all the ops except the one I > needed > > > from my deflation. They are > > > very full of crap. Several people have had > issues > > > with his guy and from what I > > > understand he has had some legal issues also > but not > > > one atty will listen to > > > me. I grew tired of trying... All they focus > on > > > was the fact that I received > > > the original set in 96 so I am past the statue > of > > > limitations. It doesn't > > > matter to them that I didn't know I was sick > from > > > them or that I was lied to and > > > withheld important info. This is all the > focus on > > > as well as the stupid letter > > > I signed under duress. > > > > > > thanks anyways > > > > > > shari > > > > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 8, 2005 Report Share Posted January 8, 2005 Rogene, and all, Has anyone spoken with Mr. Saulsberry about a possible CLASS ACTION SUIT where the attorney can be from any state (I believe) and so can the Clients....??? Just curious. DIaneRogene S <saxony01@...> wrote: Thanks Lea,We need to share all the information we can lay ourhands on!One thing I'm concerned about is that some state lawsprohibit using plaintiff's from using attorney's fromother states. I don't know the conditions . . . but Iknow enough to know this can be a major problem, sincestate laws vary so much. Also, the state whereimplants are put in is another factor. If anything, there is a big move underway to protectthose who are harming us under the pretense of "tortreform" . . . Taking cases like ours is becomingincreasing more risky for attorneys. The cost ofpursuing these cases can be very high, judges can bebought, and expert witnesses can be blocked fromtestifying. Putting caps on awards just adds insult toinjury. IMHO, it's the threat of legal action thatdoes as much to protect the public as anything else.Take away the threat, and it's buyer beware - BIGTIME!It's going to take very caring attornies to take onour cases and stay with us to the end. They won't bein it just for the money! Hugs,Rogene--- Lea <devans@...> wrote:> Dearest Rogene and Patty:> > Thank you for all the support that you have been> giving the women.> > What we need is a product liability lawyer,> because the product failed.> Medical malpractice is really what this is all> about, but my lawyers tell me> that it is important that he also practise product> liability. He has written> an article on product liability if you would like to> see it. I also have a> tape that shows Dr. Feng removing breast implants if> anyone is interested. I> hope that I can find it.> > Love always...Lea> ~~~~~~~~~~~~~~~~~~~~~~~```````````````````````> Re: rogene> > > >> > Shari,> >> > Have you tried an attorney who specializes in> Medical> > malpractice? . . . I think the attorneys are> giving> > you as much a runaround as the doctor!> >> > If you can't find one locally, try statewide. I> can't> > believe that they can start the statute of> limitations> > at the time of surgery! . . . IMHO, someone's> lying to> > you!> >> > Hugs,> >> > Rogene> >> >> > --- halvey70@... wrote:> >> > >> > >> > > have tried and tried - nobody will even> listen to> > > my story down here. It> > > actually gets worse - they are withholding> pictures> > > from my files saying that> > > they "lost them". I have been into their> office 4> > > times looking for this info> > > out of my chart and they keep giving me the> run> > > around. I spoke to him> > > personally and told him that I wanted this pic> and I> > > thought he was just "hiding it".> > > I had a witness there one of the times, this> > > summer. They showed me 20> > > pictures from all the ops except the one I> needed> > > from my deflation. They are> > > very full of crap. Several people have had> issues> > > with his guy and from what I> > > understand he has had some legal issues also> but not> > > one atty will listen to> > > me. I grew tired of trying... All they focus> on> > > was the fact that I received> > > the original set in 96 so I am past the statue> of> > > limitations. It doesn't> > > matter to them that I didn't know I was sick> from> > > them or that I was lied to and> > > withheld important info. This is all the> focus on> > > as well as the stupid letter> > > I signed under duress.> > >> > > thanks anyways> > >> > > shari> > >> >> >> >> >> > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 8, 2005 Report Share Posted January 8, 2005 I'm not eligible for any suit . . . hopefully those who are will inquire. Rogene --- Diane Myers <dlmyers1960@...> wrote: > Rogene, and all, > > Has anyone spoken with Mr. Saulsberry about a > possible CLASS ACTION SUIT where the attorney can be > from any state (I believe) and so can the > Clients....??? Just curious. > DIane > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 9, 2005 Report Share Posted January 9, 2005 Hi friends'' I gave everyone the name of a very nice attorney (Malpractice/personal injury, etc)....I am not sure if he is "product liability"... I can try to find out if anyone is interested..... Diane Derrick Saulsberry - Attorney (713) 522-0033 dsaulsberry@...Lea <devans@...> wrote: Dearest Rogene and Patty: Thank you for all the support that you have been giving the women. What we need is a product liability lawyer, because the product failed.Medical malpractice is really what this is all about, but my lawyers tell methat it is important that he also practise product liability. He has writtenan article on product liability if you would like to see it. I also have atape that shows Dr. Feng removing breast implants if anyone is interested. Ihope that I can find it. Love always...Lea ~~~~~~~~~~~~~~~~~~~~~~~``````````````````````` Re: rogene > > Shari, > > Have you tried an attorney who specializes in Medical > malpractice? . . . I think the attorneys are giving > you as much a runaround as the doctor! > > If you can't find one locally, try statewide. I can't > believe that they can start the statute of limitations > at the time of surgery! . . . IMHO, someone's lying to > you! > > Hugs, > > Rogene > > > --- halvey70@... wrote: > > > > > > > have tried and tried - nobody will even listen to > > my story down here. It > > actually gets worse - they are withholding pictures > > from my files saying that > > they "lost them". I have been into their office 4 > > times looking for this info > > out of my chart and they keep giving me the run > > around. I spoke to him > > personally and told him that I wanted this pic and I > > thought he was just "hiding it". > > I had a witness there one of the times, this > > summer. They showed me 20 > > pictures from all the ops except the one I needed > > from my deflation. They are > > very full of crap. Several people have had issues > > with his guy and from what I > > understand he has had some legal issues also but not > > one atty will listen to > > me. I grew tired of trying... All they focus on > > was the fact that I received > > the original set in 96 so I am past the statue of > > limitations. It doesn't > > matter to them that I didn't know I was sick from > > them or that I was lied to and > > withheld important info. This is all the focus on > > as well as the stupid letter > > I signed under duress. > > > > thanks anyways > > > > shari > > > > > > > Quote Link to comment Share on other sites More sharing options...
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