Medical records

[Guest guest]

I have already been through one court case and this

was not an issue at all--this was federal court--I don't know

what the rules may be in various state courts, but I've not heard of this. I would think one could detect changes

made. . .we certainly could see the changes made

by the original plastic surgeon! Fortunately, I requested

those records ten years earlier, as he denied having any

in 1992. I suppose he thought I was going to sue when

I requested them as implants had just started being a legal issue, although court records were sealed. In fact,

I was requesting them because I had moved out of state

and wanted copies.

As a matter of fact, I was surprised to learn that my

attorney gave all my records to the Defense to copy

for their records. . .and this is a common practice.

While I submitted photos, any that showed the chest were

rephotographed to show the face with the chest;

I guess they believe one could submit someone else's photos.

Photos, of any part of you, are incredibly good legal tools.

And yes, I am real familiar with the "chain of command"

re implants. If this is broken, it gives the Defense

an out. Never have the implants in your possession

if you intend to file a suit. The pathologist used in your

case can refrigerate them (and charge you a monthly

fee for their storage) Likewise for any tissue samples, etc.

I think if this were a state law in 's state, her attorney

would not have told her to get the records.

Bonnie

PS--speaking of "stuff" for court, etc.--another surprise

I had was when the Defense asked me to bring all written

material I had re implants to the final deposition. . . .legal

labels were put on most of it and the photos.

[Guest guest]

Boonie, I have spoken to you before about my implant problems, and you are always a great help. I was just reading about your experience with lawyers & the court system. I have 9 yr old saline Mentor implants that I am getting removed. I have Hashimto's & Rhuematoid Arthritis, and am interested in getting a lawyer to file suit. But I have heard that Mentor has filed a mandatory class action suit, does that mean that I am not able to sue them personally? What does that mean, and what are my options?

[Guest guest]

I don't know if it's true, but I was told that medical records submitted by the claimant could not be used in court . . . they must come from the doctor/hospital directly to the attorney. . . But it's something to consider.

It's understandable, because the possibility of falsifying the records exists . . .same with breast implants . . . Implants must be sent directly to the attorney. Once the claimant has possession, they are no longer considered for evidence. . .. However, photographs are usually acceptable.

Rogene

[Guest guest]

Yes, Mentor did file a mandatory class action--it

was back in the early 90s and I don't know if it

still pays or not--or whether it was for silicone or

saline or both; however, it seems I figured out the

general amount and it came to about $350 so my

daughter passed on it. She used to have silicone

and switched to saline in 1993.

Dow Corning furnished and still furnishes silicone to

Mentor. . .therefore, Mentor implantees fall under the

Dow Corning Bankruptcy as Silicone Material Claimants

and whether the implants are silicone or saline is not

specified in the section I am reading.

First, I think your options are these:

1) www.tortcomm.org has the Plan and annexes which you can

read or print out.

2) An attorney, who is familiar with the implant saga and who has

like clients, can explain it all to you. You would do well to have

an attorney to handle things if you qualify. There is usually no

charge with a product liability attorney until you collect; on the other

hand, if you can pay as you go, you seem to exert more control.

If you qualify to join the Dow Corning Bankruptcy Plan, your attorney

can advise you from there on.

Be aware of this, though. . .you know your diseases are a result of implants,

and we know your diseases are a result of implants. . .but Dow Corning denies

this. You either need to meet the criteria called for or litigate. . .and your

attorney will have to prove causation.

Right now, we are anxiously awaiting the Judge's ruling on the last appeal to

the Bankruptcy Plan--it could change some parameters (not likely, but it could)

therefore, I would at least wait the next few weeks before making any moves.

I know you are going to be explanted soon, so this is probably not a concern

at the moment, anyway. The anxiety factor re legalities can be alleviated by

getting the Plan from the tortcomm. com site.

I wish I could be more helpful but it's probably better coming

from the attorney anyway. . .

Bonnie

[Guest guest]

PS Just read your e-mail again--I don't think anyone

can sue Mentor at this point. I would not be surprised

to see those implanted after 1999 approval of their

salines file individual or class action suits one of these

days. The date of your implantation is significant to

determine whether you were part of a clinical trial or

not.

Bonnie

[Guest guest]

This may be a duplicate--I thought I sent it once, but

don't see it.

Yes, Mentor had a mandatory bankruptcy in the early 90s

but there are a lot of things I can't remember about it. . 1) I don't think you can still get anything

2) I'm not sure that salines' were included

3) I think I figured it came out to about $345 each

Dow Corning did and still does provide the silicone for

Mentor implants and has included them in the Plan

as a Silicone Material Claimant. I can't tell by reading

this section whether saline is included.

The date of your implantation is significant to a suit;

you sound as if you fall into the clinical trials. If it

was nine years ago, I don't know if your records are

still "available." Why don't you write and ask for copies

of them? Keep a copy of your letter, and send the

one to the doctor, Return Receipt Requested. You can

also check to see what you signed in the way of consent

and clinical trials.

An attorney should be able to advise you re dates and options.

Find one who knows the implant saga and has like clients.

There is no fee to see him or until you collect, if you qualify and

if he takes the case. If you can afford to pay as you go, however,

you do seem to exercise more control over the situation.

I know you want more answers than that but I just don't have them.

You can get a copy of the Joint Plan and the annexes at www.tortcomm.org.

if you don't want to wait for the attorney to give you one.

Remember, that although you and we know what caused your illnesses,

Dow Corning denies this--the Bankruptcy Settlement is just that--a

settlement--money to drop the charges against them. There is also

an opportunity to litigate this case but the awards are small; and that's

only if Dow Corning doesn't wipe all the cases out with a "causation

trial." The whole breast implant ordeal is pretty ugly. . .it seems the

name of the game for women is "Catch me if you can." .

We are now awaiting a ruling from the judge on the last appeal to the

Bankruptcy--we have been waiting since the first of February so it's about

due; I wouldn't see an attorney until it occurs, however.

Fondly,

Bonnie

[Guest guest]

Bonnie, Do I have to find a lawyer in the state that I am in (Chicago) , or are there lawyers that specialize in this in other states that I can talk to? There seems to be no one that specializes in this in the Chicagoland area.

[Guest guest]

Bonnie, I had my saline mentor implants placed in 1995. Does that help anything? Thanks for the internet site on lawsuit info. Iam trying to understand this all, and I can't tell if saline were included in the class action lawsuit. I will call my plastic surgeons office, and see what, if anything I signed. I only received copies of my operative report, and I had requested copies of everything in the file. If I signed a consent form or anything else for that matter, shouldn't it have been sent to me?

[Guest guest]

Hi Bonnie,

I think '92 is the magic year! I will find out for certain ASAP!

MM

Martha Murdock, DirectorNational Silicone Implant Foundation | Dallas Headquarters"Supporting Survivors of Medical Implant Devices"4416 Willow LaneDallas, TX 75244-7537

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

From: Bos@...

Sent: Monday, August 05, 2002 9:44 PM

Subject: Re: Medical records

This may be a duplicate--I thought I sent it once, but don't see it. Yes, Mentor had a mandatory bankruptcy in the early 90s but there are a lot of things I can't remember about it. . 1) I don't think you can still get anything 2) I'm not sure that salines' were included 3) I think I figured it came out to about $345 each Dow Corning did and still does provide the silicone for Mentor implants and has included them in the Plan as a Silicone Material Claimant. I can't tell by reading this section whether saline is included. The date of your implantation is significant to a suit; you sound as if you fall into the clinical trials. If it was nine years ago, I don't know if your records are still "available." Why don't you write and ask for copies of them? Keep a copy of your letter, and send the one to the doctor, Return Receipt Requested. You can also check to see what you signed in the way of consent and clinical trials. An attorney should be able to advise you re dates and options. Find one who knows the implant saga and has like clients. There is no fee to see him or until you collect, if you qualify and if he takes the case. If you can afford to pay as you go, however, you do seem to exercise more control over the situation. I know you want more answers than that but I just don't have them. You can get a copy of the Joint Plan and the annexes at www.tortcomm.org. if you don't want to wait for the attorney to give you one. Remember, that although you and we know what caused your illnesses, Dow Corning denies this--the Bankruptcy Settlement is just that--a settlement--money to drop the charges against them. There is also an opportunity to litigate this case but the awards are small; and that's only if Dow Corning doesn't wipe all the cases out with a "causation trial." The whole breast implant ordeal is pretty ugly. . .it seems the name of the game for women is "Catch me if you can." . We are now awaiting a ruling from the judge on the last appeal to the Bankruptcy--we have been waiting since the first of February so it's about due; I wouldn't see an attorney until it occurs, however. Fondly, Bonnie