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RETIREDINFLA
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« on: April 03, 2009, 11:40:23 AM »

: newbie :

I won't bore anyone with my personal story YET (awaiting outcome of VERY recent surgery). But I would like to know if anyone has procurred a new attorney for suit against Cyberonics (tried reading those 34 pages but still have focus issues). And possible malpratice claim against implanting Physician in or around Florida? Am still awaiting post surgery report so I can speak on the subject with a more educated response from the Surgeon who did my recent surgery.

I am also leary of those Cyberonics "spies" that may sneak there way onto a forum such as this. Is paranoia a form of TRD?...LOL

You have all inspired me!!  :bigarmhug:

Also if anyone has suffered the same symptoms,or others similar, kindly advise if they have been "fixed" or are still jumping through hoops in a vain attempt to get help?

Has anyone contacted any talk show hosts?

Ever wonder why Cyberonic states no deaths? It's "possibly" because we all committed suicide due to the pain or inability to deal with our new and unimproved and worsened life.  : wtf1 :

Pardon my negative attitude but after SUFFERING for 2 1/2 years and being lied to I have so had it.  :wallbash:

PLEASE respond if you have any information.

Thanks and God Speed, "K"
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labrat
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« Reply #1 on: April 03, 2009, 11:52:18 AM »

A talk show sounds interesting.

Sorry you haven't had any luck. :bigarmhug:
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Dispatch
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« Reply #2 on: April 03, 2009, 12:36:29 PM »

:D HI RETIREDINFLA and  :Welcome: to the VNS message Board!  I am glad to hear we have inspired you, and I hope we can continue to do that.

I'm most definate a talk show would stir up some dust.  In all fairness, both sides of VNS would need to be presented.  There are success stories.  Some have had success with little to no side effects and with some, the benefits outweigh the side effects.  There are people who the device didn't work for their diagnosis and they didn't sustain injury(ies).  There are some who never got to see if VNS worked because their device malfunctioned.  Then there's the total flip side to it and that would be the complete horror stories.  Fortunately you have come to a place where you can read about all the above and then some.  I'm sure some people may think their experience may be a good Jerry Springer show.  Montel Williams may entertain such a controversial issue like this.

I had shortness of breath with VNS when it was at a higher setting and chest pain due to device migration which resolved when the device was shut off and removed.  The other issues the device created for me are still being addressed.  Look around the board and you'll find tons of info on bunches of things.  There are lots of MAUDE reports posted on here as well.  I don't get it why Cyberonics state no deaths other than they don't want to admit anything like that.

I am unaware of an attorney in Florida or that area who is taking VNS malpractice cases.  That doesn't mean there isn't any, I am just not aware of it.  Pretty much anyone involved in any litigation most likely have been advised to not openly discuss it on an open forum.

I hope to learn more about you, and hope you are recovering well from your surgery.

Take great care!
B)

 
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RETIREDINFLA
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« Reply #3 on: April 04, 2009, 05:44:55 AM »

hhhhmmmmmm
Great minds think alike :)

I already tried the Montel route. I didn't even know he "retired". So, now it's between Jerry and Oprah!! Nah, too sad and true for Jerry.

I'll post with my surgery info as soon as I have an idea of where it leaves me on this hard and long road some of us are on! My Surgeon is considering publishing a paper if all turns out okay in hopes that others can be helped.
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Birdbomb
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« Reply #4 on: April 04, 2009, 07:37:32 AM »

:Welcome:   Welcome RIF

I do know of several pending cases but like Dispatch says, they aren't suppose to openly comment on forums like this.  Cyberonic
$ does make their rounds too, they have been watching my litagations forums.
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« Reply #5 on: April 06, 2009, 06:34:57 AM »

Hi RIF,

I can identify with the short attention span.  As you perk up, you will find so much information posted on symptoms, the highs & lows of VNS, attempts to deal with insurance companies and lawyers.

I think one of the strengths of this site is that it is easy to navigage and peope have been open and direct about their positive and negative experiences.

We welcome you to the site; we are always glad when someone new realizes they have a new source of information.

There are many basic questions that are short and sweet to answer.  When you get into the arena of malpractice, the experiences are more complex. Although there are similarities, each case is as unique as each person...it's so important that you spend some time reviewing the posted information.

I hope you find support and encouragement as you get to know us!

Oreo
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kathie
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« Reply #6 on: April 08, 2009, 03:33:46 AM »

i would just like the name or number of any attorney in the US who has taken on any cases for Epilepsy.  Kathie  (MOL)
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Dispatch
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« Reply #7 on: April 08, 2009, 03:46:43 AM »

:D HI Kathie-MOL!

How is Lauren doing?

I don't have any info on that.  Have you googled VNS and lawsuits or any combination of words to direct you to an attorney?  Maybe any attorney who has handled the investors class action litigations can direct you to an attorney for personal injury.

B)
   
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NancyB
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« Reply #8 on: April 08, 2009, 04:11:24 AM »

Dear RETIREDINFLA,  I am so sorry to hear of the hard times you are going through. Although I personally have not gotten a VNS I too am going through my own private hell because my younger sister Judy did. She had one implanted in Feb. of last year to control her seizures but not only did it make them worse, she developed a serious psychosis which is why she remains to this day in a psychiatric hospital. They finally removed the device after almost a year of my family and I fighting with the doctors, but so much psychological damage has been done we don't know if she will ever be herself or be able to pick up the fragments of her life. Her precious little 10 year old daughter has also suffered terribly. My 74 year old parents have been raising her but now in school she is being teased by other cruel children about her mother being in a mental institution. Then what really broke my heart [again] the lawyer who was going to take the case and sue the physician, just informed me yesterday that he received the surgeons files on my sister and she signed the release form before the surgery that said she is aware that this vns device could make her seizures worse. Her doctor convinced her that this was going to help her so I really don't think she put alot of thought into signing that form. I have had many surgeries done myself and have always signed that form, but I never actually thought that there would be any catastrophic outcome from the surgery. For crying out loud, when your appendix breaks and you are asked to sign the form for them to do the surgery, what the heck are you suppossed to do? If you don't sign, they won't remove your appendix, so either way you are damned if you do and damned if you don't. You know, this might seem like much, but Ethicon Endo-Surgery, which is a subsidiary of Johnson & Johnson, has paid Cyberonics 9.5 million dollars plus royalties to license its patents relating to obesity. Cyberonics Inc. aquired 3 additional patents covering vns for treatment of stroke and traumatic brain injury. Richard L. Rudolph, M.D. who was among other things, VP, had to resign his position because he got stock options on 150,000 shares. I could go on and on, but the bottom line is that I guess the bottom line is, if you know enough people in high enough places, you can pretty much do what you damn well want. I know we can't change the world, but I honestly feel we can start by boycotting anything and everything that has a Johnson & Johnson label on it. Since one of their sussidiarys owns the patent on vns then lets show them that we have been screwed with long enough and maybe we can't close the company down, but we sure can put a substantial dent in their profit margin! Anyone with me on this?  NancyB  Justice for Judy
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Dispatch
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« Reply #9 on: April 08, 2009, 04:44:09 AM »

:D HI Nancy!

Yes, Cyberonics acquired those patents, but that does not mean they are permitted to use their VNS Therapy for treatment of obesity, stroke and brain injury.  They have years of testing their device before it is approved for use in those diagnosis'.  I suppose any doctor can use someone as a guinnea pig and use it off label, but the FDA has not approved VNS for use in those conditions.  They are going to have to get more study participants then test it, then submit to the FDA.  If they are going to test brain injury patients to see if their VNS would work to use it as adjunctive therapy or a cure all, then the FDA is going to have to do an about face (for lack of better terms) and remove brain injury as an exclusion for study participants.  Just food for thought...........

***EDITED by Dispatch TO ADD***Cyberonics manuals state "Unapproved For Use" in a person with brain injury (and a bunch of other health conditions) so, they too will have to remove that exclusion from their manuals.  Now, here is the issue-they don't discourage patients with brain injury not to be implanted.  In many cases, they just completely forget *SIGH* stating Unapproved For Use (and a lot of other things) in their sales pitches.

B)
« Last Edit: April 10, 2009, 01:48:29 AM by Dispatch » Logged

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

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RETIREDINFLA
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« Reply #10 on: April 10, 2009, 01:53:18 PM »

Hi Guys
I have tried to read everyone's posts. I did see one by a member looking for an attorney for the device issue and epilepsy. I don't think it matters if it's Epilepsy or TRD. For some reason, this company is untouchable.

Boycott Johnson and Johnson...hhhmmm...too many products. Isn't Cyberonics a publicly traded company? Could have a go at the stock!!! Whatcha think Nancy??? And God Bless you!

I have been turned down this week by four attorneys based only on the Case Law for the Medical Devices. They don't even want to hear about Malpractice when they know the device has been taken out of the picture. Has anyone had ANY luck with Malpractice only in any state???ie: Apparently my nerve was moved during surgery and now it's not working correctly.

Yes, I have tried any and all attorneys involved with any case law or class action. NOT ONE will mail me or call me back. Something's very fishy here!!!  B)

I want to scream!!!!! :Really Mad:  
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Dispatch
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« Reply #11 on: April 11, 2009, 07:29:54 AM »

:D Hi RIF!

Be persistent with your emails and calls.  If you aren't close to your statute of limitations you may have some time to play with.  I wish you :goodluck:

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

ALL MY POSTINGS ON THE VNS MESSAGE BOARD ARE NON-TRANSFERABLE
mama myers
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« Reply #12 on: November 01, 2009, 09:48:51 AM »

Quote
: newbie :

I won't bore anyone with my personal story YET (awaiting outcome of VERY recent surgery). But I would like to know if anyone has procurred a new attorney for suit against Cyberonics (tried reading those 34 pages but still have focus issues). And possible malpratice claim against implanting Physician in or around Florida? Am still awaiting post surgery report so I can speak on the subject with a more educated response from the Surgeon who did my recent surgery.

I am also leary of those Cyberonics "spies" that may sneak there way onto a forum such as this. Is paranoia a form of TRD?...LOL

You have all inspired me!!  :bigarmhug:

Also if anyone has suffered the same symptoms,or others similar, kindly advise if they have been "fixed" or are still jumping through hoops in a vain attempt to get help?

Has anyone contacted any talk show hosts?

Ever wonder why Cyberonic states no deaths? It's "possibly" because we all committed suicide due to the pain or inability to deal with our new and unimproved and worsened life.  : wtf1 :

Pardon my negative attitude but after SUFFERING for 2 1/2 years and being lied to I have so had it.  :wallbash:

PLEASE respond if you have any information.

Thanks and God Speed, "K"
 :excl: has anyone seen or heard about this pending class action suit against
cyberonics  : http://www.www.vnsmessageboard.org/pp10-010432-2...SSCOMPLAINT.pdf  Also this is the attorneys web page:
http://www.ppl-law.com/lawyer-attorney-1369861.html

I would appreciate anyone's in put on this...
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Dispatch
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« Reply #13 on: November 02, 2009, 02:50:04 AM »

:D Hi Moma Myers!

I do know this attorney firm has handled a class action against Cyberonics, but I am unaware of the outcome.

A lot of suits are being squashed due to the Reigel VS. Medtronics ruling in the Supreme Court.  If the suit is based on something that is clearly stated in the side effects/adverse events section of the manual, there is no basis for suit.  There is the flip side to that called uninformed consent, which means there was not full disclosure to the patient.  A person must have undisputable proof for that to fly in a court of law.  Also due to Cyberonics continuous answers regarding death and VNS that sudden death from epilepsy is the cause of death and not their device, it is hard to prove the device is the culprit.  However, there are things that the Supreme Court did not rule on in the Reigel VS. Medtronics case, and one is breach of warranty in a malfunctioning device, and one other is negligence in regards to patients being implanted who were not good candidates for the device.  The way I understand it, there must also be very clear cut proof the device caused damage.

I would say these guys whose link you posted would be the ones to call if you are looking for an attorney, and I say this because I am aware they have been involved with class action against Cyberonics.

Take care!
B)
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"I reckon it's again my turn to win some or learn some..." Jason Mraz

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mama myers
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« Reply #14 on: November 14, 2009, 11:01:36 AM »

:Really Mad: Well, guys and dolls the attorney almost hung up on me, he wanted nothing to do with cyberonics, sounded like they got paid off.  Said they worked on
it for two years, and the court shut them down on the medtronics case...
My poor hubby is still doing poorly, and yes shortness of breath and NO energy.
 :So Sad:

This is not right.  Something has got to give...Still have not found a doctor that knows a hill of beans either...  It is funny how all these doctors were so well
trained with cyberonics, and now none of them will admitt the vns has had
no problems in the past, that it must have something to do with what my hubby is
doing....   HE DOES NOT SMOKE..... so it is not smoking, so if someone comes
up with a doctor, that will be a god send...
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« Reply #15 on: November 14, 2009, 05:24:21 PM »

:D HI Moma Myers!

Wow..I did find out yesterday however that the case this attorney spoke to you about was dismissed by the Judge, I believe maybe in September (not sure), and most of the ruiling had to do with Reigel VS. Medtronics.  One big part was product liability/device malfunction.  Since Cyberonics tests their own device after a person and their doctor claims it isn't functioning properly, the court went with Cyberonics saying their tests came back no anormalities with the device.

Do you have (or have you ever) taped the magnet across your husbands chest over the generator site to stop the stimulation and see how he fels physically?  You have the option to try that and see if that makes any difference.  Has your husband talked about having the device removed?

If you already haven't started, start documenting everything, even if you don't think it has any relevence.  

I hate to refer anyone to call Cyberonics, but in this case, I think it would be a good idea to call them and request them to email or send you a list of VNS doctors.  Don't listen to the usual "we've never heard of this happening" because shortness of breath is in their literature.

I know you & your husband must be so frustrated.  Please hold your heads up and keep us updated.  It was nice to hear from you!

Take care!
B)
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"I reckon it's again my turn to win some or learn some..." Jason Mraz

ALL MY POSTINGS ON THE VNS MESSAGE BOARD ARE NON-TRANSFERABLE
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« Reply #16 on: November 15, 2009, 06:02:10 AM »

I just want to add my support to Dispatch's.  Document everything...listen to your gut and do what you need to do.... It will take patience and it will be frustrating, but in today's world of medicine, you have to be your own best advocate.  Sometimes it takes months or even years to get things straightened out, but don't give up!
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mama myers
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« Reply #17 on: November 16, 2009, 03:29:43 PM »

I am afraid to contact Cyberonics, they have lied sooooo much, how do we know
the doctors they are recommending are not actually paid off physicians by
Cyberonics, and they certainly are not going to get the chance to explant the
vns and take it to their labs, that is another problem I will look into once my
hubby gets back to feeling normal

As far as the magnet over the chest, we taped it there once he was released from
the hospital on the last ride he made via ambulance and it stayed there until
at our insistance the vns was turned off.  Which by the way, his heart rate is
back to normal and his bp is back to normal.  Now if we can just find
out what is going on with him on all of his other symtoms.  

Where is the doctors, in North Florida and South Georgia?????
None of these around here just either don't have the educations
or the experience with vns...
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« Reply #18 on: November 16, 2009, 04:39:20 PM »

:D Hi mama myers!

There is a University in northern Florida that was a part of the first studies.  I don't recall what the name is.  Try google searching Florida Universities and VNS and see what you come up with.  Labrat may have some suggestions about Georgia docs.  She was implanted for depression and may know someones name she can pass along.  Send her a PM if you'd like.

I am so happy to hear your husband is doing somewhat better since the device was shut off.

Nice to hear from you!  Take care!
B)
« Last Edit: November 16, 2009, 04:41:49 PM by Dispatch » Logged

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

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« Reply #19 on: November 17, 2009, 04:27:52 PM »

Can I ask what surgeon you found to help you as I am close to Florida
and I am still looking for one for my husband, and was he a neurosurgeon
Thanks in advance for any news, as we are awaiting to have some good
news for a change!!!!

 
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« Reply #20 on: November 18, 2009, 11:38:26 AM »

:D HI mama myers!

I am quite a ways away from you, but I found a Neurosurgeon to take mine out, and he got it all out including the coils.

Hoping good news gets to you guys really soon!  I am thinking about you and your husband!  Take care!

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

ALL MY POSTINGS ON THE VNS MESSAGE BOARD ARE NON-TRANSFERABLE
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