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Ethicon class action members to be compensated, Federal Court orders
Members of a class action dubbed “the largest women’s health class action in Australia’s history” will now be closer to compensation after a recent Federal Court ruling.
Lauren Croft
In November 2019, Justice Anna Katzmann of the Federal Court of Australia found in favour of women impacted by pelvic mesh implants sold by Johnson & Johnson and Ethicon that were “not fit for purpose”.
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The class action – led by plaintiff law firm Shine Lawyers – commenced in October 2012 and culminated in a trial that ran over seven months starting in July 2017.
It was a win, the firm said at the time, for “the brave women who spoke out about their suffering” after vaginal mesh and tape implants left them in “chronic and debilitating pain”.
On Friday (22 April), the Federal Court ruled that, with the consent of the parties, a claims resolution process should commence to begin to compensate class action members who suffered “significant and sometimes severe and life-altering complications” from defective mesh implants.
The court appointed a senior barrister to inquire into a range of “sample claims” from group members and is due to report back to the court by 31 July. The assessments of the claims is then expected to “expedite the payment of damages” to group members.
In April 2021, Shine launched a second class action against Ethicon and Johnson & Johnson, on behalf of women who were impacted by the faulty mesh implants during different periods to those who fell under the first class. These group members will also benefit from the Federal Court orders.
Shine had submitted that the implants should not have been sold, that the warnings accompanying the implants were inadequate and that the implants caused an unacceptable rate of complications, including erosion, incontinence and chronic pain. It is estimated that over 12,000 women have joined the class action. Therefore, the court expects the administration and assessments to take place over several years.
Shine head of class actions Jan Saddler said the firm welcomes the “latest orders to progress the assessment of our clients’ claims”.
“No amount of money can compensate for the life altering complications suffered by our clients, but this outcome brings long-awaited accountability closer,” she added.
Shine managing director and chief executive Simon Morrison added: “This has been an extraordinary journey for all the women impacted by these products, who are an inspiration to their families, friends and Shine. The team worked tirelessly over many years in the face of extraordinary challenges and maintained a resilience and determination to seek justice for all the affected women.
“I am extremely proud of all the Shine team. The Mesh cases demonstrate our commitment and passion to ‘right wrong’ one case at a time.”
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