Fw: Was Not Allowed In Court: Kae's Experience in Pro Per

[Guest guest]

----- Original Message -----

From: " Kae (by way of ilena rose) " <gkh1942@...>

<Recipient List Suppressed:;>

Sent: Wednesday, February 27, 2002 11:56 PM

Subject: Was Not Allowed In Court: Kae's Experience in Pro Per

> Hi All of You,

>

> Just felt that you deserved to hear the results of my 30 SECONDS IN

COURT.

>

> Yes, I had the privilage of saying Yes to the judge that I was Ms

> and then he ruled within 30 seconds to dismiss,without one other word

> ottered by myself, in favor of Baxter.

>

> I really got lucky and had a Visiting Judge (Judge Robison) who came out

> of retirement and stipulated to everyone jokingly that he did not even

> have a law clerk to do research for him.

>

> This is the 3rd judge that has been on this case and by now they just

> don't care and don't even know what the left hand is doing with the

right.

> All joking by him was over when he said that even PRO PERS had to adhere

to

> the law and he HAD NO CHOICE but to dismiss, end of story.

>

> He could not have even read my Objection to Motion for the extenuating

> circumstances of this case. Hell, he did not even know about this case.

> His mind was already made up when he seen PRO PER and Mandatory 5 yr

> dismissal.

>

> You see, the law book says, I finally got to this part, " Where at the

time

> defendants sought dismissal of action for want of prosecution, a date had

> been set for trial and plaintiff had diligently pursued their case, it

was

> an abuse of discretion for the court to grant the motion " . I will probably

> appeal but right now I do not feel that it would do any good.

>

> No one seems to listen to us women except we listen to each other and

our

> tales of woe. I have diligently pursued my case, even without to date

the

> answer to the complaint from Baxter, I just went on and got ready for

> court anyway, spending thousands of dollars because I already knew that

> Baxter would not admit to anything anyway.

>

> I have not said much this last year so I would not hurt my case, but I

> have alot to say now.

>

> I have jumped through all of their hoops and now I don't think I will any

> longer, what good will it do.

>

> Enough of poor me, Just so some of the history is to you.

>

> Markley, (my prior council) In June, 1999, there was an order for

selection

> of the next 7 women to go to court. I never received this because I had

> council then. This is when Markley call to let me know that Baxter had

> made an offer to me and how great it was that mine was one of the highest

> (yea, I am impressed) when she finally got around to telling me it was

> $60,000 I just laughed and refused this offer.

>

> Then she brought in her big guns, her partner, I think I as a women was

> suppose to be impressed by him. He was dressed nice, a nice looking man,

> sincereity dripped off of his words.

>

> Again I declined offer.

>

> At this same period, Baxter had already sent checks and agreements to

> Markley for her clients. By the look of the check they had in their

> brief that I had " reneged on the offer " the check was already made out

> and apparently Markley and the other side had already decided how this

> would go with here clients.

>

> WOW - October, 1999 both council, Baxter and Markley let the court know

> that I had settled.

>

> WOW, all of this and I have not even signed a piece of paper.

>

> Of course now the Court thinks that my case is done. None of this came

to

> lite until MDL Litigation Fund send acknowledgement letter to Markley

that

> they had recieved settlement funds from Baxter on my case. Markely

> received this January, 2000 - I did not receive from her untill March 29,

> 2000. I lost 10 months of precious time here.

>

> Of course this time is taken off of the time I was dismissed for. I did

> not take over my case untill April, 2000 because now Markley tells me she

> will not litigate this case in court because I had a fair offer.

>

> Can't get an attorney because most have signed agreements with Baxter not

> to represent breast implant cases against them in future, so I either

> represent myself or do nothing. Now the court still thinks that I have

> settled.

>

> When papers are filed that I am representing myself, Baxter sends a

letter

> to Judge Brennan that they thought I had settled and he guesses this case

> is infact not setteled. Yeah, aren't they shocked. I still can't

> understand how a large law firm can possiblily think I settled without my

> signature. Could it be a ploy for time, I wonder. As I said in my

> objection to dismiss that maybe concil from both sides should take a look

> at the agreement between them, because They sure did not have an

agreement

> from me.

>

> Of course you all know that I received my " file " from Markley, boy am I

> stupid, I did not even look at this file for awhile because I knew that

> the court was going to let me know what was next because the Clerk of

> Court kept telling me over and over that nothing was happening and the

> court was setting the trial dates, and the court would let me know what

> was going on.

>

> Again all of you Pro Pers out there, The Courts will set the trial dates,

> of course you have to wait untill the " courts are ready to start setting

> the trial dates " and this time is still ticking against you for dismissal

> and then you are suppose to get this " notice " in the mail if you are PRO

> PER. I, todate, have not received anything from the Courthouse, Clerk of

> Court, or anyone in that capacity, some of the stuff I should have mailed

> to me, I have learned by the other ladies giving me that they got or that

> they received from the court.

>

> Even my file at the courthouse is co-mingled with another breast implant

> lady. At this time, I have not got this far in the law book yet, so bear

> with me. I am too busy finding out who will be a expert witness for me,

> and where do I get all of the Literature for all of the Studies, ect that

> are admissable in court, learn all of the medical terminology for

> the pathologist, immunologist, toxicology ect. because you know I have to

> ask intellegent questions of these experts in the courtroom. not an easy

> task.

>

> Bear with me I am still " glancing " at the law book at the Law Library.

> Can't check out law books to study at home, even if you are disable and

> can't set in those wonderful chairs for hours, you have to be an attorney

> with a circulation card. Now you understand that there are thousand upon

> thousand pieces of paper for the use in a courtroom against these

> manufactures in storage at the Federal Reserve Building in Ohio. You

just

> have to go there and get them, right?

>

> Well, I went because the Plantiff Steering Committee did not want me to

> have this admissable information, unless you are an attorney, of course

> the attorneys would not have all of this " information " if, we the women

> were not sick.

>

> THEY WOULD HAVE NOTHING AT ALL IF THE MANUFACTURES HAD NOT USE US WOMEN

AS

> GUENIE PIGS AND WE SURVIVED, AT LEAST FOR A WHILE. All of you PRO PERs

out

> there, don't spend the money to do this because number one, you don't know

> at this stage what the hell you even need for court, number two, one week

> is not enough time to go through all of the documents, now that you are

> there because (remember) you do not know what the hell you need yet

> anyway.

>

> I guess I'm trying to find some humor in this nightmare. I again am just

> venting instead of crying at the injustice of the poor women that has

been

> so abused in this travisity, you see, we are trying to do this when we

> should be trying to take care of our health. Ladies, Of course I would

> like some monitary consideration for myself and I had pledge money to

help

> other ladies get into the court room, BUT THE BIGGEST REASON, is that I

do

> not want my granddaughter to grow up thinking like these young ladies

> today do that it is alright to put this toxic posion in their body,

>

> So far we do not seem to have got very far in stopping this travesity. I

> heard that someone was going to sue the FDA, I am ready. I learned that

> when your claim for Gross Negligence is proven you are infact have proven

> Manslaughter. Why are not we suing for Involuntary Manslaughter, It

> seems to be the only option left to us women because once an attorney has

> sued for everything else they have killed our option to file suit again,

> against the same person, for the same reason, so, as far as I can see the

> only thing left is Manslaughter.

>

> You see, I was diagnoised the same day I got this " motion for dismissal "

> with PSS, so in all intent and purposes I was given my death warrant at

> that date, the death just has not happened yet. So why don't we call it

> what it is by its correct name. You see how far you can be pushed when

> you are forced into a corner and no where to go for justice, and that is

> what has happened to us ladies.

>

> Hell, I feel like I have spent 9 years of my life letting someone else

> tell me what to do " lawfully " , you see, the law will protect your rights,

> right ladies? Someone said that we women need to stand up and fight.

> Well, I did stand up and fight and to date, I still have not got to utter

> one word in the courtroom except for the one word " yes " to what my name

> was and was thrown out of court quicker than you could flick a flea off of

> a dogs back.

>

> Good ole justice.

>

> I know that you will say why did I think that I was any different, I

> don't, I just assumed that when I told the Judge that I was concerned

with

> the 5 year Mandatory law and he gave me trial date I was ready to step

> into the courtroom. I will shut up now because I have to much to say and

> I am sure you are tired of hearing it. I want you ladies to know that I

> finally got stuff from the Plaintiff Steering Committee after I

threatened

> Mel Gibson with a Order from Judge Mayhan.

>

> I got this stuff just a week before I was going to be dismissed. Funny

> isn't it?

>

> Kae

>

> Illena, don't have to put this out if you don't want to, did not mean to

> make it so long Kae

>

>

> ~~~ I'm so sorry Kae ... I think many of your sisters will want to know

> what went on for you. This is one of the most revealing parts:

>

> " Can't get an attorney because most have signed agreements with Baxter

not

> to represent breast implant cases against them in future, so I either

> represent myself or do nothing. "

>

> This is one of the filthiest tricks ... and how they bought off so many of

> the attorneys. It is a travesty.

>

> Love, Ilena ~~~

>

>