This week, Her Honour Justice Katzmann SC of the Federal Court delivered her judgment in Kathryn Gill & ORS v Ethicon Sarl & ORS, a class action against Johnson and Johnson in respect of pelvic mesh used to repair pelvic organ prolapse in 1,350 women in Australia. This class action was commenced approximately two years ago.
Katzmann J held amongst other things that, “the applicants made out their case.” This judgment is a “win” in Australia given that Johnson & Johnson has paid more than $240 million already in settlements in the United States.
Bloomberg reports that Johnson & Johnson… “has paid more than $240 million in settlements over claims it hid risks and marketed [vaginal mesh] too aggressively. In addition, [a] California judge… is weighing whether to slap the company with about $800 million in penalties over the state’s claims the mesh devices were fraudulently marketed.”
Katzmann J also found that Johnson & Johnson knew there was a risk of erosion of the mesh product into the vaginal canal, that the product could cause chronic pain and discomfort and risks years later, and that multiple operations may be necessary to eliminate pain.
Katzmann J was satisfied having regard to all circumstances that, “…at all relevant times the product design had a defect and was unfit for the particular purpose required.” And further that the devices were oversold having not been adequately evaluated and that the product was “only ever suitable for use in a clinical trial.”
Our specialist health and medical lawyers have represented a significant number of women who have taken individual negligence actions against discredited gynaecologists who used the TFS mesh product causing serious and debilitating injuries. You can read about one of our client’s for whom we recovered significant damages.
If you – or a loved one – has experienced complications resulting from the use of TFS vaginal mesh, our caring, expert female lawyers can help advocate for you and seek justice. Please consider contacting us to talk about the options available to you.
