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Birdbomb
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« on: May 22, 2007, 08:17:55 PM »

VNS Litigation Attorneys[/size]

Medical Device Consumer Class Action: Vagus Nerve Stimulator (VNS)
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"If you are going through hell, keep going." (Sir Winston Churchill, 1874-1965)
VNS implanted Sept 02, turned off Dec 04, Generator ex-planted Nov 07
Electrodes are in me for LIFE!
second gen
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« Reply #1 on: May 23, 2007, 01:15:06 AM »

didn't figure it would take long for the vultures to circle.   :Really Mad:


I'm actually starting to improve after my second adjustment.  I know it's still got some time to go, but I'm grateful to have implanted it.  

This pisses me off.  Just like the vultures who are out there suing because of side effects of meds.  They're going to happen.  It's just bullshit.  

They didn't FALSELY market it.  CMS just doesn't want to pay for it.

edit to add:  this won't help others who are trying to get insurance coverage, and it will only make MY insurance rates go up.  stupid f*cks
« Last Edit: May 23, 2007, 01:15:57 AM by second gen » Logged

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Birdbomb
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« Reply #2 on: May 23, 2007, 03:44:32 AM »

It's funny how easy it's to find these guys for the TRD patients but not the epilepsy patients.  Many of those epilepsy patients I've spoken to who are seeking litigation can't seem to find any attorneys willing to take the case.   My guess it all comes down to the ambigious finding with the TRD studies and lack of a medical standard for depression diagnosis.
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"If you are going through hell, keep going." (Sir Winston Churchill, 1874-1965)
VNS implanted Sept 02, turned off Dec 04, Generator ex-planted Nov 07
Electrodes are in me for LIFE!
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« Reply #3 on: May 25, 2007, 11:41:05 AM »

If there is such a "lack of medical standard" for a depression diagnosis, then why is there [how many?] different antidepressants available to take on the market?

That's the biggest thing I find so ridiculous about their finding.  They say one reason they won't approve it is because of the lack of medical standard from a depression diagnosis.  Then, I think they should refuse to pay for ANY treatment for depression.  JMO.
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« Reply #4 on: May 25, 2007, 12:14:25 PM »

There are no simple answers and our opinions don't matter for a hill of beans.   B)

It's an expensive treatment, the success rate is controversial, the studies are inconsistant.  

CMS just made huge budget cuts and I imagine any other new and inovated treatment with the same track record has been handled in the same way.  I think if the success rate was higher, more dramatic, and longer lasting, with fewer relapses/failures there could be a reversal.  

Living with any chronic illness is a horrible way of life.  :Icky:  People will seek relief where and when the can.  VNS is still available, it's just there aren't many insurance companies willing to pay for it.  It will have to come out of pocket until there are changes.

   
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"If you are going through hell, keep going." (Sir Winston Churchill, 1874-1965)
VNS implanted Sept 02, turned off Dec 04, Generator ex-planted Nov 07
Electrodes are in me for LIFE!
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« Reply #5 on: May 26, 2007, 04:56:53 PM »

I dunno, took my insurance company less than a week with no crap.  Had an approval.  I think the insurance companies are more and more becoming willing to pay for it.  I really don't believe that just because CMS decides not to pay for it that the insurance companies won't.  VNS isn't the only thing they refuse to pay for.  

So far, since I've worked with my company, they've paid well over $300k for treatments for me, the cost of the VNS isn't much of a stretch.  I think at this point, they're willing to try anything that might at least make it slow down.
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« Reply #6 on: July 29, 2007, 06:24:36 AM »

My Psychiatrist is always saying, "He must not be a REAL doctor since depression is not seen as a real illness, like a heart disease."


Labrat    :im_033:   ; bee ;  
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Dispatch
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« Reply #7 on: January 02, 2009, 05:15:33 AM »

:D HI All!

This is my opinion and  :Two Cents:

There are people who have been seriously injured by this device.  There are people who have had this put in them and the device mechanically failed in the warranty period with NO assistance (or very little) from the manufacturer to solve the problem.  There are people who have had serious adverse events/side effects that have NOT been reported to the FDA by the manufacturer, and these people have also been told the VNS has not caused their problems even though they didnot have this problem prior to implant AND the problem either ceased or was not as great when the device was shut off.  These people are seeking comensation for their injuries and their monies...this does not make them "Vultures".

I am truly happy for those VNS has helped.  I am also truly discouraged for those who have almost died, have died, been seriously injured and quality of life stripped.  Does Cyberonics falsely market, yes they do.  They have told thousands of people this is their last hope in dealing with depression & epilepsy.  They give you their dollar figure of $25,000 for device & implant costs, and it is way above that amount, not including adjustments and then lets add the $$$ for being sick for the adverse events/side effects.  If that is not false marketing, what is?  I could go on & on about how they falsify, but just read, and you will be able to find out.  It is not just here on this board.  Oh yeah, lets talk about all the securities fraud class action cases...they just don't lie to their patients, they lie to their investors.  What about all the people in subrogation because their insurance wants their money back?  Why should someone have to loose their home & quality of life because of being lied to?  Has this become the "American Dream"?

Now, lets have a reality check here...if something hurts you, your financial state, etc....would you not want compensation from who hurt you?  Would you not want to be whole again?  If your answers are NO or maybe that's life, then lets hope you are never in the position so many have been in with VNS, other devices, or medication or even your tire blows out because the manufacturer slummed it and takes out your family.  Lets us all hope you are never injured by a drunk driver.

B)
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« Reply #8 on: June 20, 2009, 10:49:23 PM »

:Stop: Please Read  :Stop:

I am one of those people who have the adverse events that have never been reported since I've had the VNS installed 6-18-08.  I have spent half that time in hospital.  MY neurologist did a diagnostic on my VNS and sais oh chit, I've never seen anything like this before my dc to dc code was a output of 0.  It was showing my device was malfunctioning, my neurologist tried to turn it off but it wouldn't so now i'm on the lowest settings and they've added 2 more seizure meds on top of the 6 I already take. Should Cyberonics be held liable yes, and its not because were vultures the medical field isn't what it use to be; doctor's use to care about there paitents. As of June 11, 2009 Tort Reform has been null and voided so we can sue these medical device companies that cause physcial harm or even death. I am so please for the people with epilepsy if it works for you I take my hat off. But now the gloves are off if your interested in a lawyer contact me through here.  I will give you all the information and he is more than willing to go after these companies. Contact Boudica
 :goodluck:  :usflag:  
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BoudicaWV
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« Reply #9 on: June 21, 2009, 04:19:49 AM »

Hi there Riding Shotgun i'm BoudicaWV (kim) I seen you had your leads removed. As of April 2008 if you know a surgeon whos willing to do it could you please send me the info. I live in WV and no surgeon is willing or capable of taking the leads off. I am willing to travel anywhere I have to go. Already have a lawyer were just looking for a surgeon to remove the lead safely. Please if you could help I would greatly appreciate it. Me and my family 5 girls and a husband. lol Anyhow if you could I will be checking all the time Thanks so much for giving me a glimmer of HOPE, it's nice to know there's actually light at the end of the tunnel. And if I can help you in anyway you let me know.  
Sincerely,
Kimberly
BoudicaWV :usflag:  :Stop:  
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dennis100
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« Reply #10 on: June 23, 2009, 08:20:49 AM »

Quote
As of June 11, 2009 Tort Reform has been null and voided so we can sue these medical device companies that cause physcial harm or even death.
BoudicaWV,

I hate to be the bearer of bad news, but the Supreme Court decision on Riegel v Medtronic is still the law of the land.
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BoudicaWV
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« Reply #11 on: June 26, 2009, 02:27:25 AM »

I stand corrected, thank you.  I'm sorry pulled off net when i was reading must have got really excited n read it wrong, but its back in play. Thats what matters. Thanks to all of you,
BoudicaWV :Thanx:  : oops :  
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MissJennie
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« Reply #12 on: June 28, 2009, 05:40:51 AM »

Hi Kim,

I just opened your email. I am sooooooo sorry that the VNS has caused you so much harm. I just pray, one day, we all can make Cyberonics responsible for what they have done to us all!!!

Maybe we need to sue the doctors that put them in!!! Like so many others, I was never told the terrible side effects, or that the device couldn't be removed (completely)!!!

I still have terrible cramps in my neck, when I bend my head down, or yawn. My doctor thinks I am crazy!! I am afraid that one day the coil on my verve will cause serious damage!!

If we could bring this company to court, maybe then we could all get the real help we need, for the damaged it has caused!!

Jennie

 
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Dispatch
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« Reply #13 on: June 29, 2009, 09:03:07 PM »

:D Hey Hey MissJennie!

So great to hear from you although I am sorry to hear you are still having the issues with your neck.  Hope things get better soon!  Thinkin' 'bout you!  Please keep in touch!

B)
« Last Edit: June 29, 2009, 09:04:40 PM by Dispatch » Logged

VNS for TRD implant November, 2006.  Complete device removal including coils April, 2008.

"I reckon it's again my turn to win some or learn some..." Jason Mraz

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« Reply #14 on: July 30, 2009, 11:09:27 AM »

Quote
Hi Kim,

I just opened your email. I am sooooooo sorry that the VNS has caused you so much harm. I just pray, one day, we all can make Cyberonics responsible for what they have done to us all!!!

Maybe we need to sue the doctors that put them in!!! Like so many others, I was never told the terrible side effects, or that the device couldn't be removed (completely)!!!

I still have terrible cramps in my neck, when I bend my head down, or yawn. My doctor thinks I am crazy!! I am afraid that one day the coil on my verve will cause serious damage!!

If we could bring this company to court, maybe then we could all get the real help we need, for the damaged it has caused!!

Jennie
Whatever doctor installed your device must have been an idiot. My pulse generator and leads were installed in 2005 and I don't suffer the kind of maladies that your describe. My device is at a very high setting (2.25Ma) and the only side effects that I experience are; every five minutes my voice will get hoarse sounding and I will have a little tingling sensation in my chest. I feel no distress in these temporary side effects. I was told to expect them.
The doctor that installed your VNS system must have been incompetent.
Remember, the device can only be turned up to 3Ma. I am almost there so if there were any problems with the design or operation of this device, I would be on the top of the list to feel them and I don't.
I researched all VNS surgeons before I picked the one that I got. If you don't check a doctors background you will more that likely get a hack.
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« Reply #15 on: August 04, 2009, 12:05:12 PM »

Patrick, you are way off base referring to a surgeon as "incompetent" or an "idiot" just because a patient suffered a serious adverse event. The implanting surgeon has nothing to do with the known side effects of the VNS. In your case the device has worked wonders and that is great news but keep in mind that there are thousands of us who have suffered dearly from the device. The VNS nearly killed me and my surgeon was not an "idiot" nor was he "incompetent."



 
« Last Edit: August 06, 2009, 08:25:28 PM by dennis100 » Logged
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« Reply #16 on: August 04, 2009, 12:19:53 PM »

There is so much negative here about the VNS, it's refreshing and hopeful for new patients's. I feel Patrick and I are part of that balance. So many others that have success just go on their way!
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« Reply #17 on: November 29, 2009, 05:35:25 AM »

Quote
didn't figure it would take long for the vultures to circle.   :Really Mad:


I'm actually starting to improve after my second adjustment.  I know it's still got some time to go, but I'm grateful to have implanted it.  

This pisses me off.  Just like the vultures who are out there suing because of side effects of meds.  They're going to happen.  It's just bullshit.  

They didn't FALSELY market it.  CMS just doesn't want to pay for it.

edit to add:  this won't help others who are trying to get insurance coverage, and it will only make MY insurance rates go up.  stupid f*cks
second gen,
I dont agree with suing if the patient agrees with the consequences that may occur. I am on Felbatol. It was pulled off the market. Since it has helped me I along with my doctors suggested me staying on it . with that the "BUTS" AND "RISKS" ect. came. I was told I could die and all of what could happen. God forbid I did the aplastic anemia. I would not sue. I knew the potential risks.
       I am happy the vns is working for you. and im sure everyone else is as we are all in the same boat OF HELL.

          Keep in mind Cyberonics did not TELL US THE TRUTH. They did not post all side effects and mostly lied about the percentage of people who had severe side effects.That is not right. Everyone goes into elective surgery with a slight bit of hesitation. Being that we all were in pretty bad shape, still are. and some worse it is only natural to go ahead without any hesitation. When I first saw my doctor I was told the only thing that could help me was the vns. My response was I dont care what you do, take part of my brain do whatever. The following week I was in surgery. The doctors are to quick to do this surgery, and cyberonics witheld information. I put blame on both. I probraby should have seen a shrink before hand now that I look back. What they did was horrible.
But again I am happy it worked for you, but dont pass judgement until you have walked in our shoes.
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