Johnson & Johnson reaches record $300 million settlement over defective pelvic mesh implants

Two class actions against Johnson & Johnson have settled for $300 million, finalising almost 10 years of legal fighting.

Three women sitting at a table

Rebecca Jancauskas (left) from Shine Lawyers, pelvic mesh victim Peta Bennett (centre) and her daughter Allison Welch (right) pictured during a press conference in March, 2021. Source: AAP

Two class actions over defective pelvic mesh products have settled for $300 million in what is thought to be the largest ever legal win of its type.

The settlement follows multiple court proceedings involving more than 11,000 claimants, the pharmaceutical giant Johnson & Johnson, and its subsidiary Ethicon.

In an announcement Monday, Shine Lawyers revealed the mammoth settlement which will go towards women injured by being implanted with pelvic mesh and vaginal tape devices.

"We welcome this settlement which brings the litigation to an end. If the Federal Court approves the settlement our focus will shift to the important task of distributing the settlement to group members," said Shine class actions practice leader Rebecca Jancauskas.

After a seven-month trial which ran from July 2017 to Febuary 2018 in the Federal Court, Justice Anna Katzmann ruled against the medical company.
The first class action was launched almost 10 years ago.

In November 2019, the judge found the company acted negligently and concealed the true extent of complications from the devices.

Challenges to this decision went all the way to the High Court, which dismissed the appeal in November last year.

A second class action was filed on April 2021 for women who were not eligible to participate in the first class action against Johnson & Johnson because they received their implants after July 2017.

Women who were implanted with Gynecare Prolift, Prosima, TVT or Gynemesh devices up until 30 June, 2020 may get a slice of the $300 million settlement if it is approved by the Federal Court.
Pelvic mesh manufacturers have faced thousands of lawsuits from women who said they suffered chronic pain, urinary problems, bleeding, erosion into organs and other serious injuries from the implants. The total settlements for the companies have been more than $8 billion so far.

Shine is also funding two separate but ongoing class actions against Astora Women's Health and Boston Scientific over similar pelvic mesh products. These cases have yet to settle.

AAP has contacted Johnson and Johnson for comment.

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2 min read
Published 13 September 2022 8:21am
Source: AAP, Reuters


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