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    Saturday
    Oct162010

    Average Medtronic Settlement Is $33,000 Dollars

    Somewhat coincidentally, I drove past a Medtronic facility the day this was announced.   

    “Medtronic is pleased we were able to negotiate terms that were mutually agreeable to the parties,” Christopher Garland, a company spokesman, said in a telephone interview. The settlement covers about 8,100 cases, or “virtually all” U.S. claims, Garland said.

    The settlement resolves cases in both federal and state courts.

    $33,000 Average Payout

    It will provide an average payout of more than $33,000 to patients who have defibrillators with wires that have broken or are considered likely to break. The amount will depend on the extent of the injuries and defects.

    Source: Medtronic to Pay $268 Million, Settle Suits Over Defibrillator Wire Flaws - Bloomberg

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    Reader Comments (702)

    An informational draft of the class action suit follows:

    IN THE UNITED STATES DISTRICT COURT

    FOR

    THE SOUTHERN DISTRICT OF FLORIDA

    ) CASE NO:

    GARY LEE PATTERSON, et al ) JUDGE:

    Plaintiffs, ) Civil suit for damages

    VS. ) MAGISTRATE:

    MEDTRONIC, INCORPORATED, et al., ) JURY TRIAL REQUESTED

    Defendants. )

    CLASS ACTION PETITION FOR DAMAGES

    PURSUANT TO A CRIMINAL CONSPIRACY

    INVOLVING BRIBERY AND FRAUD


    Plaintiff Gary Lee Patterson (hereinafter “Patterson”) being of legal age of majority residing in Fort Lauderdale, Florida brings this cause of action against Defendant Medtronic, Incorporated and the other Defendants described herein (hereinafter “Medtronic” or collectively “Defendants”) on behalf of himself and all Class members similarly situated and avers as follows:

    PREAMBLE

    1.

    On December 12, 2011 the United States Department of Justice (USDOJ) issued the following press release: “On December 12, the US Department of Justice announced yet another victory in the war against healthcare fraud. Medtronic Inc., the world’s largest maker of medical devices, has agreed to pay a 23.5 million dollar settlement to the US government to settle a lawsuit alleging that the company violated the False Claims Act. According to the allegations, Medtronic paid between $1,000 and $2,000 to physicians in order to persuade them to implant the company’s pacemakers and defibrillators – rather than competitors’ devices – into Medicare and Medicaid patients. The Government accused Medtronic of submitting false claims to Medicare and Medicaid by offering doctors these kickbacks under the guise of post-market studies and device registries.

    2.

    The foregoing USDOJ December 12, 2011 announcement disclosing the criminal bribing of physicians plus the criminal defrauding of Medtronic defibrillator and pacemaker recipients as well as Medicare/Medicaid provided Patterson and the other Class members for the first time with information sufficient to establish standing to sue Defendants for financial and personal injury damages directly attributable to said criminal bribery and said criminal fraud.

    3.

    DIVERSITY JURISDICTION AND VENUE PURSUANT TO

    TITLE 28 USC, SECTION 1332

    Defendant Medtronic is a corporation headquartered in Minneapolis, Minnesota and routinely doing business throughout the State of Florida including Fort Lauderdale as well as the other forty-nine states and 126 foreign nations. All of the other Defendants are co-conspirators with Medtronic although they are scattered throughout the geographical areas where Medtronic markets its implantable pacemakers and defibrillators. Patterson resides in Fort Lauderdale, Florida which is situated within the geographical jurisdiction and venue of the United States District Court for the Southern District of Florida. The amount in controversy is anticipated to exceed three billion dollars exclusive of interest and costs.

    4.

    Upon information and belief, Medtronic acted through its senior management staff members and other employees/agents to bribe hospitals and physicians to recommend and implant Medtronic defibrillators and pacemakers rather than competitive cardiac implants manufactured by other business entities. Medtronic concealed the defective nature of its cardiac implants from potential recipients thereof and conspired with physicians and hospitals to defraud Medicare/Medicaid along with recipients of Medtronic cardiac implants.

    5.

    Said criminal bribery and fraud have been directly responsible for Patterson and the other Class members being overcharged for implantable cardiac devices (due to kickbacks and excessive hospital markups) and being knowingly and intentionally subjected to sub-standard medical care, breach of trust, breach of duties to render an acceptable level of medical care (established by the medical profession and governing medical boards), and intentional gross medical negligence. The bribery and defrauding conspiracy seriously interfered with the physician/patient relationship by substituting said fraud and bribery for physician integrity, trust and independent medical judgment. Patterson and the other Class members have suffered severe long-term mental trauma in connection with said criminal fraud and criminal bribery reinforced by physicians' recommendations (based upon said criminal bribery) which Patterson and the other Class Members relied on to their detriment. Moreover, the fraudulently recommended and implanted pacemakers/defibrillators are potentially defective, extremely dangerous and perhaps fatal to recipients thereof

    6.

    But for said pattern of criminal behavior orchestrated by Medtronic and the participation of physicians and hospitals in the criminal conspiracy perpetrated by Medtronic, Patterson and the other Class members would not have suffered the above described pecuniary and personal injury damages.

    7.

    PRAYER FOR RELIEF

    Wherefore, Patterson and the other Class members respectfully pray this Honorable Court for judgment against Defendants, jointly and severally, and for an award to Patterson and to each of the other Class members of actual financial damages (fraudulent medical expenses) in the amount of $2,000 (two thousand) dollars each; and for an award to Patterson and each of the other Class members of compensatory damages in the amount of $248,000 (two hundred and forty-eight thousand dollars) each to compensate for long-term anxiety and/or depression plus future cardiac complications and associated medical expenses since the problematic cardiac devices are implanted and wired to their hearts or have been surgically explanted.

    In addition, because Defendants inflicted said damages knowingly, intentionally, recklessly, and without regard for human life thereby demonstrating a depraved mindset, Patterson and the other Class members further pray this Honorable Court for an award of punitive damages plus reasonable attorneys' fees and costs to Patterson and to each of the other Class members in an amount reasonably proportional to Defendants' net worth (calculated jointly and severally) and in an amount sufficient to dissuade others similarly situated from like conduct.

    Patterson on behalf of himself and the other Class members hereby requests a jury trial.

    CLASS ACTION ALLEGATIONS

    8.

    Patterson brings this class action lawsuit on behalf of himself and the other Class members pursuant to Federal Rules of Civil Procedure, Rules 20, 23(b)(1), 23(b)(2) and 23(b)(3). The requirements of Federal Rule 23, including numerosity, typicality, adequacy, commonality, predominance and/or superiority, are satisfied.

    CLASS DEFINITION

    9.

    Patterson brings this action on behalf of himself and all others similarly situated who are members of the following Class: all individuals suffering from an abnormal heart rhythm for which a pacemaker/defibrillator is appropriate and who were implanted with a Medtronic pacemaker/defibrillator by a bribed physician within an accomplice hospital and who suffered financial/property damages (dangerous and deadly cardiac implant) and/or prolonged mental trauma (anxiety and/or depression) as a direct result of such implanting. Specifically excluded from the Class are officers and directors of any of the Defendants, any judge assigned to this matter and his or her immediate family, and any legal representative, successor or assign of any excluded persons or entities.

    NUMEROSITY

    10.

    Upon information and belief, the members of the proposed Class are so numerous that joinder of all members is impracticable. The proposed Class includes thousands of members. The precise number of members of the Class can readily be ascertained through discovery, which will include Defendants’ sales and other records.

    TYPICALITY

    11.

    Patterson's claims are typical of the claims of the members of the Class. Patterson and all Class members have been injured by the same wrongful practices engaged in by Defendants. Patterson's and members of the Class' claims arise from the same practices and course of conduct that give rise to the claims of Patterson and the Class members and are based on the same legal theories.

    ADEQUACY

    12.

    Patterson (as representative of the Class and Lead Plaintiff) will fully and adequately assert and protect the interests of the Class, and will solicit and recommend to the Court counsel to represent all Class members who are experienced and qualified in prosecuting class actions. Neither Patterson nor recommended Class counsel will have any interests which are contrary to or conflicting with the Class.

    COMMONALITY/PREDOMINANCE

    13.

    There is a well-defined community of interest and common questions of law and fact which predominate over any questions affecting only individual members of the Class. These common legal and factual questions, which do not vary from one Class member to another, and which may be determined without reference to the individual circumstances of any Class member, include, but are not limited to the following:

    a. Whether Medtronic has conspired with the other Defendants to defraud recipients of Medtronic implants and ripoff Medicare/Medicaid;

    b. Whether Defendants' pattern of criminal behavior caused injuries to Patterson and the other Class members.

    SUPERIORITY

    14.

    A Class action is superior to all other available methods for the fair and efficient adjudication of this lawsuit because individual litigation of the claims of all Class members is economically unfeasible and procedurally impracticable. While the aggregate damages sustained by the Class are believed to be in the billions of dollars, the individual damages incurred by each Class member resulting from Defendants’ wrongful conduct are insufficient to justify the expense of individual claims, particularly given the complexity of these claims. Therefore, a class action is the only reasonable means by which Patterson and the Class members may pursue their claims. Moreover, the likelihood of individual Class members prosecuting separate claims is remote, and even if every Class member could afford individual litigation, the Court system would be substantially and unduly burdened by the individual litigation of such cases. Individual members of the Class do not have a significant interest in individually controlling the prosecution of separate actions, and individualized litigation would also present the potential for inconsistent or contradictory judgments and would magnify the delay and expense to all parties and to the Court system resulting from multiple trials of the same factual issues. Patterson knows of no difficulty to be encountered in the management of this action that would preclude its maintenance as a Class action. Relief concerning Patterson's and Class members' rights under the laws herein alleged and with respect to the Class would be proper. Defendants have acted or refused to act on grounds generally applicable to the Class and, as such, an award of monetary damages to compensate for dangerous and deadly cardiac devices fraudulently sold to Patterson and the other Class members (and implanted by bribed physicians within an accomplice hospital) with regard to the members of the Class as a whole is appropriate.


    Respectfully submitted,

    //Gary Lee Patterson

    Lead Plaintiff

    1942 NE 6th Court, Apt. B104

    Fort Lauderdale, Florida 33304

    (954) 668-0077

    pattsdesk@aol.com

    March 2, 2012 | Unregistered CommenterGary Patterson

    I have a question for Don, Patt, or anyone who might know the answer. Can anyone tell me the name of the bill which was passed by congress that established the theory of "preemption". It is an election year, and I would love to know who voted for this unconstitutional violation of the clear principal of redress in the courts. We are all assured of the right to petition the courts to right what is wrong, but we have all been locked out of the courts.
    Also, if I have the bill, where can I find a record of who voted for or against.
    Patt, may I give you a call to discuss our next course of action? Don, you assured us that if we "sign on" we will be included in your action as co-plantiffs. Today you posted saying only two people will be included. I am so tired of being screwed and not even kissed, that I am about ready to give up and wait for death to come calling. If there is a reasonble possibility of victory, I am ready to join Gary Patterson, Don Alexander, and Don Quoxite. Like the "Man of LaMancha" look out windmills! If we do this, we are swimming upstream like horny Salmon..
    Thanks everyone,
    George

    March 2, 2012 | Unregistered CommenterGeorge

    George, that law was passed in 1976. Most of the legislators responsible for that bill are no longer in Congress, so it is irrelevant at this point. There wasd a bill, H.R. 6381: Medical Device Safety Act of 2008, but it never became law. This bill was proposed in a previous session of Congress. Sessions of Congress last two years, and at the end of each session all proposed bills and resolutions that haven't passed are cleared from the books. Members often reintroduce bills that did not come up for debate under a new number in the next session. For detailed information go to The Medical Device Safety Act of 2009 at http://www.nejm.org/doi/full/10.1056/NEJMe0902377. This will explain that new legislation.

    You can contact me via email or phone. Information is on www.medtronicmurders.com.

    March 3, 2012 | Unregistered CommenterGary Patterson

    Don...What's your bar number and which states allow you to practice law?

    March 8, 2012 | Unregistered CommenterRick

    Anyone hear about the 4o percent that was with held

    March 9, 2012 | Unregistered Commenterjerry

    I received an email from my attorney to sign so forms in order to quickly verify lien status in order to release the remaining 40%. Since they approach me, i will bug them twice a week to check the status.

    March 9, 2012 | Unregistered CommenterJunk Yard Dog

    Hey Everyone,
    I got an email from Don that he is going to “walk away” from the class action suit as of March 15th. That is just 4 days, if I understand my math. Go to http://medtronicsmurders.com.

    March 11, 2012 | Unregistered CommenterPat

    Hi I filled out those lien forms roughly 5 months ago was wondering if anyone else heard about
    The releàse of the lien money

    March 12, 2012 | Unregistered Commenterjerry

    Does anyone have Mulligan Law firm in Dallas Texas as there lawyer? And if so have you heard anything from them about your case?

    March 13, 2012 | Unregistered CommenterEarl

    We are still waiting on the first payout. I'm not going to hold my breath on the 40%.

    March 13, 2012 | Unregistered CommenterShelly

    I spoke with a woman at Garretson Group last week about the remaining 40%. She claimed it should be completed by summer. I am not sticking up for them, but remember that they have all 14,000 plus clients. Unlike our separate law firms and dealing with the government.

    March 15, 2012 | Unregistered CommenterRick

    I talked to my law firm this week and they said that they will not hold back payment until Garretson Group is totally finished. They said that they would pay whenever Garretson cleared each case, not wait until everoyone's case is finished.

    March 15, 2012 | Unregistered CommenterBob

    Karla Gluek
    Dan Gustafson
    Gustafson Gluek PLLC


    March 18, 2012


    From: Donald K. Alexander


    Karla and Dan:


    I read the letter and other narratives sent to me by Federal Express. First of all, I am not interested in a settlement agreement that is radically different than the agreement to which I agreed to be a party. The actual agreement which every Medtronic victim was encouraged to sign by the Plaintiffs’ lawyers did not provide any information whatsoever as to what each claimant would be allocated from the fund or what criteria would be established to make such allocation decision by the CRC and/or Judge Rosenbaum. The agreement was vague on every issue regarding how the CRC would evaluate whether or not a fracture had occurred; whether or not a claimant received psychiatric treatment; whether or not a claimant experienced actual cardiac damage; whether or not a claimant experienced repetitive and inappropriate shocking episodes related to a Sprint Fidelis lead fracture; or any other question where the answer thereto would determine which Category a claimant would be assigned to. Consequently, every claimant had to rely upon answers to such issues and questions provided by the Plaintiffs’ Steering Committee lawyers and/or counsel retained by individual claimants and/or the limited information published by Medtronic through its spokespersons.


    Being a claimant who not only can read but also holds a Juris Doctor degree, I was amazed by the vagueness and double talk in the agreement document and claims release form. However, the settlement agreement was promoted by all categories of Plaintiffs’ attorneys as “better sign up or else you will get nothing because of the federal preemption defense allowed by Judge Kyle and affirmed by a three-judge panel on appeal.”


    The actual truth is that the settlement agreement was a scam perpetrated upon claimants by both Medtronic’s lawyers and Plaintiffs’ lawyers in that claimants were not advised by Plaintiffs’ lawyers of the option to sue Medtronic for a pattern of criminal behavior rather than product liability theories of recovery since the affirmative defense of preemption does not apply to damages inflicted pursuant to a pattern of criminal behavior such as bribing physicians, false advertising, perjury before the FDA, fraud upon Medicare/Medicaid, intentional dumping into an unsuspecting market of cardiac implants known to Medtronic to be potentially defective, extremely dangerous and fatal to a foreseeable percentage of those implanted with the defective devices.


    Plaintiff’s lawyers would have received nothing, however, if claimants had not opted into the product liability MDL litigation settlement. Thus, contrary to ethics, integrity and professional responsibilities, Plaintiffs’ lawyers coaxed claimants to opt into the settlement agreement wherein everything was a “pig in a poke” subject to the decisions of a neutral third party leavened somewhat by recommendations passed to the third party by the Claims Review Committee (CRC). By coaxing claimants to opt into to a blind settlement wherein nothing was specific and subject to the whims of said third party whose final decision was not subject to appeal; the Plaintiffs’ lawyers were able to walk away with a total of a hundred million or so of the “claimants fund.” Then, to every claimant’s total astonishment, another hundred million or so of the claimants’ fund was siphoned off to repay Medicare/Medicaid for the money stolen from the public treasury by Medtronic through false claims and overcharging to cover physician bribes. It is no wonder that the general public mistrusts and hates lawyers who have no personal integrity, no empathy for clients, no sense of professional pride; and who care only about how much they can soak clients for incompetent representation.


    Medtronic spokesperson Christopher Garland made a specific statement to the media that the settlement agreement would result in an average payout per claimants of $33,000 and the Plaintiffs Steering Committee’s statement to me personally was that I should get between $25,000 and $75,000 and have a cashable check during July, 2011 which I could use to get my Sprint Fidelis lead explanted. It turns out that I was finally offered a check for $500 during March, 2011 with perhaps some future amount before I die of old age. Now, the CRC is telling me that my repetitive shocking episodes, three trips to emergency followed by intensive care related to such repetitive shocking is not worth compensation; that my psychiatric care which was carefully and fully documented is not compensable; and that explanting of my defective Sprint Fidelis lead may, just maybe, receive some future consideration.


    I believe the Plaintiffs’ attorneys are guilty of gross legal malpractice and I will see what I can personally do to get some malpractice suits underway.


    Finally, as it relates to whether I wish to further appeal the CRC’s denial of my alleged appeal [forward to Judge Rosenbaum], yes, I most certainly do. I want the final decision in my case for future reference as I fully intend to exhaust every legal option available to me to pursue justice and fair play. I read all the legalese written into the settlement agreement in which claimants bear all the financial damages; medical expenses; Medicare, Medicaid, and private insurance reimbursement; and whatever injuries the CRC feels “lacked proper documentation” or was simply rejected as not being compensable for whatever reason the CRC could imagine.


    The bottom line is this: the $268 million settlement fund benefited lawyers, administrators, and insurance companies roughly 198 million; 48 million was set aside to protect Medtronic from possible future claims for Sprint Fidelis lead inflicted damages; and a measly $5,460,000 was left in the fund, after further fund rip-off by administrators and unexplained expenses, to distribute to approximately 15,000 claimants which equals an average payout per claimant of three hundred and sixty four dollars.


    I wonder how a jury considering legal malpractice will view such a scam. I do intend to find out.


    Pat: Please post this on the blog sites as I have been blocked by someone acting on Medtronic's behalf. I will post on the website http://www.medtronicmurders.com Thanks.


    Regards,


    Don Alexander

    March 18, 2012 | Unregistered CommenterPat

    Gary, Pat, Susie, and all other Medtronic victims scammed in Minnesota MDL settlement agreement:


    After giving the subject much additional mental masturbation, it seems to me that the lack of interest in the class action I proposed based on Medtronic's criminal behavior did not generate much interest because most victims believed that opting into the settlement agreement in connection with the multi-district litigation before Judge Kyle would bar everyone opting in thus precluding any further opportunity to recover damages. This assumption I appealed by way of a FRCP Rule 60B motion to the US Court of Appeals for the Eighth Judicial Circuit (based on being scammed) and a ruling will be forthcoming but the statute of limitations will bar any other Rule 60B motions as of June 30, 2012. I doubt that the Eighth Circuit will issue a ruling before the statute of limitations expires. So.....this is what I propose: A class action suit for legal malpractice against all lawyers who coaxed their clients into signing a settlement agreement which was specifically orchestrated to benefits the lawyers rather than their clients; and this of course includes the Plaintiffs' Steering Committee lawyers and the lawyers representing claimants who are sitting on the Claims Review Committee which makes recommendations to retired Judge Rosenbaum to ram the scam job through to completion. I wonder how much Judge Rosenbaum is getting for his complicity. I think Judge Kyle probable got three to five million for his federal preemption ruling after the US Supreme Court had already decided not to bar state law torts based on state laws which were the same as or paralleled FRA pre-market specifications. But....alas! Medtronic has been successful with massive bribes which represent petty cash to Medtronic in view of the billions in profits reaped by injuring and killing folks.


    For those who are interested in my proposed legal malpractice class action, go to http;//www.medtronicmurders.com and read the page "Legal Malpractice." After reading the page it will not be difficult to decide whether or not to participate. Keep in mind that the proposed suit is against lawyers and not Medtronic. It will be up to a jury to decide whether the lawyers scammed their clients. No contingency fees will be involved. Each person who participates will need to contribute $500 to a legal fund from which lawyers will be paid. The arrangement for the legal fund contributions will be the same as I proposed for the class action based upon Medtronic's criminal behavior which did not go forward for lack of interest. Read the page on above website titled "Legal Fund." Gary, Pat and Susie have already arranged to contribute and have joined me as co-plaintiffs in my personal suit based upon Medtronic's criminal behavior and will not be required to make a further contribution in order to join the legal malpractice class action. My personal suit is now closed to any further co-plaintiffs. As of April 15, 2012, should there be insufficient participation for a class action based upon legal malpractice, I will walk away again and file my own personal suit. If a jury finds the lawyers guilty of the alleged malpractice, the lawyers and their malpractice insurance carriers will have to cough up the money awarded by the jury. I need to do more legal research to satisfy myself as to whether Medtronic can be held liable for complicity in the scam (through their attorneys based upon the vicarious liability theory of recovery). My preliminary conclusion is "yes."


    Pat: Please try to get this through on the blog sites. Many thanks, Don

    March 21, 2012 | Unregistered CommenterPat

    Pat and all others..... Don't you believe there's a reason why Don's not allowed to do his own posting here? OMG...if it's too good to be true, don't believe it. Had there been a cause for further action, don't you believe all the other big law firms would have been knocking at our doors? I'm not happy with my settlement either, however the only thing this man is capable of doing is delaying it and pocketing your so called 'retainer' after it's dismissed. There is a very big difference between having a law degree and practicing law...if he even does have a degree.....Think wisely!

    March 22, 2012 | Unregistered CommenterRick

    Rick, I think Don is having difficulty posting because the owner of this site is an attorney and any legel counsel would normally be directed to his office, so the thought is that Don could be taking away some business. If it was my site, I would not be happy if that be the case and would probably do the same...block him. I have been working with Don and he has the legal expertise. I think the other lawyers do not want to get involved in a fraud case with Medtronics, RICO, or anything that may tie them up. Most of them are after the FAST buick, like our settlement money where they only have to shuffel paperwork...it's the main lawyer group that does the real work...and they got $10-7 million of the $220 million settlement. I for one am willing to be a pain in their butt for $500. COURT RECORDERS, FILING FEES, TRAVEL TIME, are what the $500 ios for. It would be impossible for me personally to file this type of suit if Don had not come along. He does have the expertise to do a Pro Se suit and cut the cuts down to almost nothing. With what he has to do, the $500 is pitence for the work and the documents he has to prepare and answer and then got to court if it goes to trial, plus even so, you still have to habve an attorney on the payross, a licensed, practicing attornet, that protects the class members or in our case, the six of us from, each other. The courd demans that, so he has to get paid and $500 won't do it, so it takes a few more people to kick in the funds. We all feel comfortable with Don...you just don't know him. See his other site...www.america4patriots.com...but if you're an Obama supporter, wear your boots and rain slick because the Shi_ gets thick.

    March 22, 2012 | Unregistered CommenterGary Patterson

    Rick Sorry about the typing errors but the arthritus is making the fingers stiff today. Its raining down here in Florida.

    March 22, 2012 | Unregistered CommenterGary Patterson

    Gary, I believe you totally missed my point. When your comfort level wears off, you might understand.

    March 23, 2012 | Unregistered CommenterRick

    "All that is required for the triumph of evil is that good men do nothing."

    March 23, 2012 | Unregistered Commentergeorge

    I have hesitated to respond to the comments of the past few weeks for good reason. I, for one, do not have a particular opinion of Mr Alexanders ability or veracity. I doubt that ANYONE on this blog has had more correspondence with Don during the last six months. We have talked of "the suit" as well as matters wholely disconnected from this subject and at one point in time I seriously considered "joining the cause". I did not do so simply because I felt my work was unlikely to be credited to me, rather that Don was a bit of a legend in his own mind and as such that he would not share the "limelight". My only negatives about him was his failure, typical of attorneys , to pay attention to details in the paperwork. I have no inclination to question either his desire to prevail or his honesty. I wish Don, and all of you the very best.

    March 23, 2012 | Unregistered Commenterdavid lotz

    I got my big $332.00 check today. The Lawyer got $400.00 plus. Does anybody know judge Rosenbaums mailing address?
    I want to send the rejected check to him, and tell him to shove it where the sun won't shine!
    I am serious, if you can help please post the information here.

    March 23, 2012 | Unregistered CommenterDixie

    For the record:
    I would never join a "Class Action" thing again.
    The Lawyers did a good job at making sure it just ain't gonna happen!

    March 23, 2012 | Unregistered CommenterDixie

    Lets clear up a few things here. For the record, I am the wife of a man who was shocked so many times in an hour that the Medtronic rep who came to the ER said "Oh, my God" as he turned it off. An ambulance ride to another hospital along with emergency surgery replacing the generator and capping the sensing lead and rewiring a new sensing lead followed by several days in the hospital left us drained and very fearful of a future event. So I do feel your pain, however if you only received a check for $300-$500 dollars you fell in oneof the categories where you were not seriously injured. I KNOW YOU ARE LIVING WITH THE FEAR OF FUTURE INJURY! We all joined this class action law suit thinking we might be compensated by Medtronic but they are protected from this by court action. You also signed and agreement with your attorney that they would received 30-40% of any payout plus expenses. This is where the effort needs to go. The law must be chnaged so that Medtronic and many other medical device makers can not hide behind an unjust law. You are really not going to get anymore out of this unless the law is changed. There have been attempts made in Congress to change the law without any success.

    Don Alexander and others want to sue using other tactics and want all of us to help in this effort but I feel that this is going nowhere. Medtronic has already paid out $220 million (not the $268 million original figure) and is protected from paying out more. If somebody told you early on that you were going to receive awards of $33,000 to $75,000+, they were just blowing smoke. Don says the attornies have not stated who got how much and why, and yet when we asked our attorney that very sme question, they gave us the number of people who fell into each category A-K . So these figures are available. The only one that they did not directly answer is how much the estates of the 40-50 peolple who have died from the device and were members of the class received. We were told that it was a figure of $50,000-$200,000 each and they deserved it. The figure for th EIF were not stated either but my husband fell into that category and received additional compensation for that.

    Is he happy with his award, HELL NO but he is happy to have received th small amount he did get and wouldn't think of not cashing the check in protest. We suggest you do the same and get on with turning back the law so that no one in the future has to go through the injuries, medical procedures, fear and even death caused by medical devices without having the possibility of being compensated should something awful like this occur. Good luck to all of you.

    March 25, 2012 | Unregistered CommenterNancyF

    Well said Nancy,
    In addition, there are Patients who might not understand that the Medtronic Co. can not be sued by patients who received a re-called lead wire if they were not injured in any way. Also, if a P/D is exchanged for an up-graded version, and the re-called lead wire is re-attached to the new P/D the patient will receive the lowest payment which is described as being a "Registration only" payment in the gross amount of $1000.00 and a net payment of aprox $332.00. In other words patients are being paid for signing up as Members of "Medtronic's" very well planned and managed "Class Action" law suite.
    Oviously, there are many areas of concern in need of attention. The trick is to get some Politition fired up enought to get involved and push for change. The least we can do is to keep things going, stay focused, and share the situation with your local news media if possible. Iwish you all the best, Dixie..

    March 25, 2012 | Unregistered CommenterDixie

    i also had a bad lead implanted in me in 2006. i suffered for two years with pain in my left arm. my heart doctor sent me to tulane university in new orleans. he went in and removed a lot of scar tissue and replaced the defective leads he also had to make the incinson larger because i was having what they called pocket pain from the incision not being large enough the first time they implanted the device.i also feel we are getting the shaft with the amount they are offering us the victims. the doctors sold their souls for a mere $1000 dollars. then the lawerys tell you you will get $17900.00 so you do not like that amount and appeal the amount only to loose the appeal .so you begrudgingly agree to accept t6he amount only to learn that amount does not include the attorneys fee. ultimatenly i will get about $11000.00 but then i have to worry about how much medicare and medicaid will settle for. seems to me like the victims get the shaft as usual. i want to contact bill mzher and explain the situation to his show with the hope he will see the injustice and do a segment on this situation also bill oreily of the oreily factor medtronic is running the show as far as i can tell.

    March 26, 2012 | Unregistered Commentermartin desalvo

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