Henry Garrard III exhibits a lack of integrity and common honesty. It is a pattern and practice readily apparent from the public domain in his firm’s long term representation of Pittsburgh Corning from 1982-1999, defending the indefensible lies of the corporation through State of the Art (SOA) on the Threshold Limit Value (TLV). All of this is public information, including the website of his firm, Blasingame, Burch, Garrard and Ashley, PC, in Athens, GA, SurgicalMeshHelp.com. So consider this:
1. THE MENTALLY ILL ATTORNEY
…"it is quite another matter to permit such a person to continue as an officer of the court." Unlike the considerations of punishment or restitution in criminal or civil matters, the interest and safety of the public are of the utmost importance in disbarment proceedings. The public has a right to protection from a lawyer who, regardless of the cause, exhibits a lack of integrity and common honesty. p. 174
“If inability to practice is suspected by conduct unrelated to the practice of law, the court may order a psychiatric evaluation with an emphasis on determining the attorney’s competence. p. 179
“Malpractice insurance is unlikely to protect the mentally disordered attorney from the pecuniary consequences of misconduct. Misconduct caused by mental illness is generally viewed by insurance carriers even more narrowly than it is viewed by the Bar. Any act which the attorney commits is considered intentional, and the concept of mens rea is inapplicable to the insurance adjuster's analysis.” p. 180/181
Mental disorders may have severe consequences for attorneys and clients, but the structure of the Model Rules and their progeny is such that the attorney’s firm will not be immune from repercussions either. The following section discusses the far-reaching consequences of mental disorder and misconduct for the attorney’s employers or partners.
Will the misconduct of the mentally disordered attorney give rise to liability on the part of his or her employer? The firm employing the mentally disordered has two duties in this regard. The Rules of Professional Conduct provide that law firms must have in place managerial controls reasonably designed to give “reasonable assurance that all lawyers in the firm conform to the Rules.” Secondly, a lawyer having knowledge that another lawyer has committed a violation of the rules which is to “a substantial question as to that lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects [is required to] inform the appropriate professional authority.”In other words, law firms are responsible for catching, reporting, and correcting the misconduct of their associates and partners, and failure to do so may lead to sanctions against the partners. p. 181/182
….and that “[t]he fact that the ethical duty to report may create an irreparable schism between partners [does not] excuse the failure to report.”
A mentally disordered attorney may be in a difficult professional position, but failure to take action on his or her own behalf places partners in a more difficult position. The partners will likely agonize over decisions forced on them when the illness or addiction reaches the point where it impairs the ability to practice. The firm may, as mentioned above, suggest counseling or threaten expulsion, but once the illness manifests itself by misconduct, it will be forced to report him or her. p. 187
The moral question is deeply personal, but the pragmatic question points straight to the Rules of Professional Responsibility. Failure to address the existence of a mental disorder in a colleague leads to disaster for clients, for the attorney, and quite rightly, for the law firm. The spineless response of Pfenning’s partners hurt them all. p.189
Source: The Mentally Ill Attorney, Len Klingen, Nova Law Review Vol 27, Issue 1 2002, Art. 6
2. STATE OF THE ART IN CIMINO V. RAYMARK = GASLIGHTING,
A TECHNIQUE EMPLOYED BY SOCIOPATHS/NARCISSISTS
“In a 1987 seminar for defense attorneys entitled ‘‘State of the Art Defense: Is it Real?,’’ Henry Garrard, a defense attorney, described how defense counsel should use the SOA defense in asbestos litigation:”
“…Although OSHA is a creation of the 1970’s, the basic mindset of the general public is that the government has been involved intricately in control of workplace exposures almost forever. Most of the people today have not grown up in an atmosphere that did not include significant government involvement. This can become a play for state-of-the-art throughout… Probably the final thing to consider is the necessity to warn and the different timings of warnings is to attempt to get the jury to place themselves back in the 1960’s, 50’s, and 40’s with the realization that times were different and expectations were different. Human factors experts or historians in general may be experts that we as defense lawyers have overlooked which might be helpful in making these presentations. Additionally, industrial hygienists who are not medical doctors probably should be used to a greater extent than they are used now to show the newness of that field and how they in fact rely upon the threshold limit value concept in general. After all, the threshold limit value concept is probably the best thing the defense has in its arsenal.6”
Source: “Dust diseases and the legacy of corporate manipulation of science and law” David Egilman, Tess Bird, Caroline Lee, International Journal of Occupational and Environmental HealthHealth 2014 VOL. 20 NO. 2 W. S. Maney & Son Ltd 2014 DOI 10.1179/1077352514Z.000000000104
This presentation by Henry to defense attorneys on how to implement the SOA defense strategy at the Defense Legal Institute in 1987 in reality is little more than the practice known as “Gas Lighting”, a tactic used by sociopaths and narcissists.
3. GASLIGHTING DEFINITION
“Gaslighting is a form of manipulation that seeks to sow seeds of doubt in a targeted individual or members of a group, hoping to make targets question their own memory, perception, and sanity. Using persistent denial, misdirection, contradiction, and lying, it attempts to destabilize the target and delegitimize the target's belief.” Usage: “Sociopaths and narcissists frequently use gaslighting tactics. Sociopaths consistently transgress social mores, break laws, and exploit others, but typically also are convincing liars, sometimes charming ones, who consistently deny wrongdoing.”
It is a huge misfortune Henry’s well known philosophy “Don’t kill the company” is and has been implemented in multiple surgical mesh litigations. Henry’s pattern and practice of introducing false evidence, as a “gaslighting technique”, continues.
AND THE COLLECTIVE HARM OF HUNDREDS OF THOUSANDS OF MESH INJURED MEN AND WOMEN CONTINUES….
10 Professions That Attract the Most Sociopaths Pub 05-26-2013 by Roy Klabin
“Our notions of good and evil are as malleable and evolving as the society around us.…..There are still ongoing disputes in field of psychiatry, and the inner workings of the mind remain a great scientific mystery yet to be fully explored. However, when it comes to sociopathy, we seem to have a somewhat functioning definition: a lack of empathy, emotions, or ability to identify with others coupled with a superficial charm, persuasiveness, focus, and egomania… however, that the vast majority of sociopaths aren't killers lurking in the shadows. Most of them are walking around among us, immersed in careers that nurture their psychological traits, and in some cases even reward them.”
“Top ten jobs that attract sociopaths, according to author Kevin Dutton:
(1) CEO… With the heartless greed and sadistic ambition displayed on Wall street since the 2008 financial collapse, it may come as no surprise that the first place on the list goes to the modern-age equivalent of a pharaoh. Capitalist positions of leadership offer power, autonomy, command, and status — a perfect battlefield for the ambitious and ruthless to compete. (2) Lawyer… Lawyers have a reputation for distorting the systems of equality, specifically for the purposes of ensuring their financial success. For every white knight district attorney looking to uphold the pillars of justice, you are sure to find a handful of bleak-hearted cynics and cutthroats.” 3. Media… If our collective society is a living organism, where better for the egomaniac to reside than on the radio or TV 4. Salesperson… In a numbers game, there's no room for emotion. Who has the greatest mental prowess? 5. Surgeon… The field of surgery offers more than the power of life and death. It's a clinical world of high-pressure stakes, where decisions must be made without emotion. What job nurtures a bigger power complex, than one where you can cut people open on a daily basis, tinker with their frail internal mechanics, and aggrandize your status as a giver or taker of life? 6. Journalist… Much in the same way that media attracts the egomaniac, journalism (and writing in general)…. The champions of that information are the self-appointed revealers of "truth" – constantly seeking to influence others through their articulation and mental prowess.7. Policeman… The power of life and death on your hip, a badge of authority on your chest, a uniform of distinction, and a really loud siren! 8. Clergyman… What better way to fulfill your God complex than become one his messengers? 9. Chef… The seduction and love of food is very powerful — and controlling it, corrupting it, or being worshipped for creating it can greatly appeal to the egomaniac. 10. Civil Servant… There’s always plenty of room for sociopaths in the political arena.
From the era of Mesothelioma, is born the era of Mesh, the silent destruction of the masses across the world. Representing Pittsburgh-Corning as a defense attorney in the 1980’s and 1990’s, Henry Garrard struck a death knell to truth in the legal system implementing the State of the Art (SOA) defense which is little more than gas lighting, except it is bought and paid for and publicized throughout medical and scientific literature through the systematic use of FALSE EVIDENCE.
Asbestos and Silica corporations knew their products were carcinogenic as early as 1933 but by the time Cimino v. Raymark Industries, Inc. 739 F. Supp 328 (E.D. Texas 1990) trial ended almost 60 years later with Garrard as their lead and coordinating counsel, hundreds of thousands had died from lung cancer and other forms of disease caused by Asbestos. In the meantime, Garrard had trained his fellow Defense Attorneys in SOA and done his deed by seeding the court and legal system with False Evidence.
The systematic practice of False Evidence continues today throughout the United States in the State and Federal Court Systems by Chemical and Pharmaceutical and Medical Device Corporations. Thank you Henry Garrard III.
The July 2010 call from Henry Garrard III, “I’d like to come to Miami and meet you.” was calculated to suppress the truth. Garrard knew from the 2 named expert witness reports below and my Pro Se lawsuit, Keeton v. Gynecare et.al. Case No. 01:06cv21116-UU ECF 106, 06/05/2007, Ihad unearthed the most basic inherent flaws in synthetic surgical mesh. He flew to Miami to meet me to put the genie back in the bottle to perpetuate the widespread use of synthetic surgical mesh for hernia repair, incontinence and pelvic organ prolapse.
Garrard never introduced the “Peter Schmitt Expert Witness Report, 06/02/2007” in any of the 7 West Virginia Pelvic Mesh Multidistrict Litigation, although his firm has paid Keeton for the "Peter Schmitt" expert witness report she owned and they had received in September 2007. Nor did Garrard ever introduce the Lana C. Keeton Expert Witness Report his firm paid Keeton for “Discontinuous Loops and Particle Loss of the Gynecare TVT Prolene Polypropylene Bladder Sling Mesh, 10/15/2015.”
The reason: Garrard will tell anyone who will listen “Don’t Kill the Company”. Toward that end, Garrard has seeded the 103,000 Pelvic Mesh cases before Judge Joseph R. Goodwin with False Evidence.
TO BE CONTINUED
PLEASE SUPPORT HR 985 "THE FAIRNESS IN CLASS ACTION AND ASBESTOS TRANSPARENCY ACT OF 2017" IN THE SENATE
Lana Keeton at Senator Marco Rubio's Office
Lana Keeton at Senator Richard Shelby's Office
The Growth of Multidistrict Litigation: Emerging Issues & Solutions June 16, 2017
Russell Senate Building Rotunda June 16, 2017
INJURED BY PELVIC OR HERNIA MESH? IN A LAWSUIT?
PLEASE WRITE A LETTER TO YOUR SENATOR
SUPPORTING HR 985 HOUSE BILL
TO GIVE POWER TO THE PLAINTIFF!
The “Fairness in Class Action Litigation & Furthering Asbestos,
Transparency Act of 2017”
[updated June 19, 2017]
E-MAIL YOUR LETTERS TO LanaKeeton@MedDeviceExpertLLC.com
YOUR SETTLEMENTS ARE UNFAIR &
YOUR 7TH AMENDMENT RIGHT TO A TRIAL BEFORE A JURY HAS BEEN
DENIED TO MANY, MANY OF YOU.
Please include the following info:
Your name, state and e-mail.
The Mesh Product and Company Name implanted in you.
Short list of Complications and the impact on your life. (2 short paragraphs at most)
Next describe your feelings about your lawyers treatment as follows. This does not violate your confidentiality agreements but merely describes your treatment by your lawyers related to getting you to sign the settlement agreement:
Can you please describe if you were pressured by your lawyers to sign legal documents without a full understanding of how much of the money is going to the lawyers, and how potentially little in comparison is going to you?
Why don’t you feel that your lawyers have been responsive to your questions or kept you fully informed about where the settlement money is going?
Have your lawyers fully explained why you are being offered the specific amount of money they are pressuring you to settle for, and not some other amount?
And could you describe any other ways in which you think your lawyers have not adequately represented you or kept you fully informed, or left you frustrated by their conduct in your case?
Did you feel intimidated or bullied or disrespected by your attorneys? If so, in what way?
LINK TO LIST OF ALL SENATORS 115TH CONGRESS & CONTACT INFO 2017
Cruz, Ted (TX), Chairman Cornyn, John (TX) Crapo, Mike (ID) Sasse, Ben (NE) Graham, Lindsey (SC)
Blumenthal, Richard (CT), Ranking Member Durbin, Richard J. (IL) Franken, Al (MN) Coons, Christopher A. (DE)
PLEASE SUPPORT MY WORK TO HELP YOU!
I am working in D.C. to expose the fraud and corruption at the FDA to get mesh off the market through the House Government Oversight and Reform Committee.
I am also working to get the Senate to take up HR 985, a bill that already passed the House March 2017. There is language being added for transparency in the settlements in pelvic mesh litigation and other benefits to the mesh injured. No one is protected by lawsuits. Except plaintiffs attorneys who are already extremely wealthy. No your civil rights will not be lost and there will not be an end to class actions or mass torts.
HR985 does not change substantive law. It defines the federal proceedings and how much plaintiffs will be paid, > 80% mimimun in Multidistrict Litigation < . Class Actions will be categorized so the most injured will have their day in court.
Your rights are CURRENTLY BEING VIOLATED in the Multidistrict Litigation in West Virginia.
Hard to explain my strategy. Guess it's like a salesman who keeps calling on a customer to get them to buy a product. Except I want them to take action which will lead to taking mesh off the market. J&J Boston Scientific American Medical Systems C.R. Bard all have millions and millions to pay lobbyists to go to Congress to keep their products on the market. I use my knowledge and experience from being a medical device expert and legal consultant to present irrefutable facts of the harm caused by mesh to get them to take real action to remove it from the market.
HR985 will never be signed into law as it is currently written. The Senate will pass it's version and it will go back to the House. And so on and so on like any bill going through the legislative process. With any luck, this will rock the world of the Plaintiffs Attorneys who have abused Plaintiffs long enough.
Elizabeth Burch who opposes the bill wrote a 64 page doc in 2014 "Judging Multidistrict Litigation" explaining how a handful of Attorneys "Repeat Entrenched Players" and their law firms control ALL the MDL's. I know those guys personally and they are cheating you guys just like they cheated me. I have worked within the MDL system for 7 years now and it is ugly. Just as ugly as the FDA. Just as ugly as mesh companies. The companies, the doctors, the hospitals, the FDA and EVEN YOUR OWN ATTORNEYS make billions of dollars while you suffer the consequences of the injuries from their #MESH products and never see fair compensation for horrible, horrible permanent injuries!
Always find out who is behind the articles you read against HR985 before you decide to accept it as fact. It is very complex. Look at the mission statements of the group's and their websites and their actions over a long period of time.