Shine Lawyers' has second significant win in Mesh Class Action
05 March 2020
Shine Lawyers has had a substantial win today as orders were released in the firm’s class action against Johnson & Johnson for faulty pelvic mesh.
In today’s orders, Justice Katzmann said Johnson & Johnson will now be forced to include additional warnings about the health risks and complications associated with those trans-vaginal tape products still being sold in Australia.
After the 20th of March, the pharmaceutical company cannot distribute its products without updated labelling, as ordered by Her Honour. This includes warnings contained in the patient information leaflets, promotional material and the instructions for use of the devices.
Shine Lawyer’s Head of Litigation and Loss Recovery, Jan Saddler said, “This is significant as it ensures all women in Australia who might be prescribed this product in the future, are cognisant of the risks and complications associated with having the mesh inserted into them.”
“I echo Justice Katzmann’s sentiments read in her judgement today. The purpose of legislation is to protect individuals from harm and that is precisely what we have fought for in requesting this injunction.”
“We will still continue to seek compensation for those wronged in the past who are part of our class action, but take comfort in knowing that improved labelling and warnings will better protect women in future and prevent them from experiencing the life-altering and debilitating pain that registrants in our action have experienced and sadly, continue to experience every day.”
Shine Lawyers’ class action targeted nine mesh products, five of which are no longer on the market in Australia.
The four products used to treat female stress urinary incontinence that will be covered by the warnings are:
the Gynecare Tension-free Vaginal Tape System,
Gynecare TVT Obturator System, Gynecare
TVT Exact Continence System and
Gynecare TVT Abbrevo Continence System.
None of the four Johnson & Johnson products used to treat pelvic organ prolapse that was at the centre of the class action remains on the market in Australia.