Appeal lodged in mesh class action judgment

Appeal lodged in mesh class action judgment

07 April 2020 By Jerome Doraisamy
Rebecca Jancauskas

Ethicon and Johnson & Johnson has confirmed it will appeal the Federal Court decision in favour of women impacted by pelvic mesh implants.

In late November 2019, the Federal Court of Australia found in favour of a class of women who suffered adverse health consequences from pelvic mesh implants sold by Ethicon and Johnson and Johnson which were “not fit for purpose”.

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The class action – “the largest women’s health class action in Australia’s history”, according to Shine Lawyers – commenced in October 2012 and culminated in a trial that ran over seven months starting in July 2017 before the 1,500-page findings were handed down in the Sydney registry of the Federal Court of Australia.

At the time, Shine Lawyers called it a win for “the brave women who spoke out about their suffering”, after pelvic mesh implants left them in “chronic and debilitating pain”.

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Following the judgment, Shine practice leader Rebecca Jancauskas spoke on The Lawyers Weekly Show (pictured) about juggling the class action whilst having a newborn.

However, as of Friday last week, Ethicon and Johnson & Johnson has confirmed it will appeal the judgment.

In a statement issued to Lawyers Weekly, Shine said: “This decision by Ethicon and Johnson & Johnson means that the thousands of Australian women impacted by their defective products which should never have been sold in Australia and who are a part of this successful class action will have to continue to fight and wait for the compensation they are entitled to receive.”

Friday was a “challenging day” for these women, the firm highlighted.

“Shine Lawyers will continue to fight for the women in this case to make sure they are heard during this process and remind women affected by these defective mesh products to register for this class action by 9 April,” said Shine lead of class actions Jan Saddler.

Appeal lodged in mesh class action judgment
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