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Boston Scientific Mesh Class Action

Shine Lawyers is fighting for justice on behalf of Australian women who have received one or more Boston Scientific vaginal mesh or sling implants.

Important Update: Group Member Definition Expanded

On 1 June 2022, Shine Lawyers and the Respondents (Boston Scientific) attended a case management hearing in the Federal Court before Justice Lee.

The Federal Court ordered to change the group member definition to include women who:

  1. Received any of the following implants after 22 March 2021:
  • Advantage Implant
  • Advantage Fit Implant
  • Lynx Implant
  • Obtryx Implant
  • Obtryx II Implant
  • Pinnacle Implant
  • Solyx Implant
  • Uphold Implant
  • Uphold LITE Implant
  • Upsylon Implant
  1. Received a Polyform Synthetic Mesh Implant at any time.

The Federal Court also ordered that women who meet the above group member definition must be sent the following Notice which provides further information on the class action, including your right to opt out.

Please read the linked Additional Opt Out Notice carefully.

Those who wish to opt out of the class action must complete and return the Additional Opt Out Notice by 4:00PM on 1 July 2022.

Individuals who have become group members by reason of the change in definition, or who believe they have received a Boston Scientific implant and have not yet contacted Shine Lawyers, are encouraged to register to participate in the class action.

To complete your registration online, please click the ‘Register Now’ button below and fill out the form.

Register Now

What is the Boston Scientific Mesh Class Action about?

This class action is on behalf of women who have received Boston Scientific vaginal mesh or sling implants. The class action was filed in the Federal Court on the 22nd of March, 2021.

Shine Lawyers’ claim alleges that:

  • The implants were defective;
  • The information and warnings that accompanied the implants did not adequately disclose the nature and severity of the risks; and
  • The implants caused significant and sometimes chronic pain.

Can I join the Boston Scientific Mesh Class Action?

You should express your interest in this class action if you were implanted, in Australia, with one or more of the sling and mesh implants listed below to treat stress incontinence or prolapse. The implants are:

  • Pinnacle;
  • Uphold;
  • Uphold Lite;
  • Upsylon;
  • Advantage;
  • Advantage Fit;
  • Obtryx;
  • Obtryx II;
  • Lynx; and
  • Solyx.

If you believe you have received a Boston Scientific implant and wish to express your interest in joining the class action, please complete the following form.

How to express your interest in the Boston Scientific Mesh Class Action

To express your interest in the Boston Scientific Mesh Class Action on a confidential, no-cost, no-obligation basis, please click the ‘Express your interest’ button below and fill out the form.

Click the button below to express your interest

Express your interest in the Class Action

If you have any questions or require any assistance in expressing your interest in the class action, please contact our Boston Scientific Mesh Class Action team on 1800 884 139.

Case Documents

Additional Opt Out NoticeAmended Statement of ClaimAmended Originating ApplicationDefence

Common Questions

The class action includes any person who was implanted, in Australia, with one or more of the sling and mesh implants listed below to treat stress incontinence or prolapse.

The implants are:

  • Pinnacle;
  • Uphold;
  • Uphold Lite;
  • Upsylon;
  • Advantage;
  • Advantage Fit;
  • Obtryx;
  • Obtryx II;
  • Lynx; and
  • Solyx

You may request a copy of the operation report directly from the hospital where you underwent your mesh surgery. Alternatively, you can request this information from your treating surgeon who performed your mesh surgery.

Shine Lawyers can make these inquiries for you and assist you in confirming your implant type(s).

You remain a group member of this class action even if you have received a Boston Scientific implant and another implant from a different manufacturer and you should express your interest to join this class action.

If you have been implanted with a mesh or tape manufactured by Ethicon/Johnson & Johnson or American Medical Systems, you may also be a group member in these further class actions being advanced by Shine Lawyers. Further information regarding these class actions can be found at on our Prolapse Mesh Class Actions page.

If you are group member in this class action you will be required to supply some records relevant to your assessment – including medical records. We recommend keeping a record of any medical practitioners you have attended in relation to your mesh or tape complications.

Please be aware medical records are usually destroyed after a period of 7 years, we therefore recommend you contact your medical practitioner and request that your medical records are not destroyed. Please be assured that if your records are no longer available, you can still be a part of the Boston class action.

If you hold a copy of any records in relation to your implant or treatment, please send these to our mesh legal team by email at [email protected] or by post to:

Shine Lawyers – Class Actions PO Box 12011 George Street QLD 4003

We will keep a copy of any relevant records on file.

At this stage we are unable to provide any specific advice as to what compensation may be payable to group members who are found eligible to participate in compensation as part of any settlement or court framework.

Group members may be entitled to the following types of compensation depending on their individual circumstances:

  • pain and suffering;
  • past and/or future out-of-pocket expenses;
  • past and/or future care and domestic assistance;
  • past and/or future economic loss or loss of income.

As part of any award for compensation, certain refunds may be required to be paid back to Medicare, Private Health Funds and other entities such as Centrelink. Whether or not refunds are owed will depend on the specific circumstances of each registered group member’s claim and will be determined when calculating compensation.

Participating in the mesh class actions will not expose you to any out of pocket costs.

All costs will be initially covered by Shine Lawyers, and in the event of a successful outcome, any costs payable to Shine Lawyers will be deducted from, and will not exceed, any compensation you may be entitled to.

Unfortunately, it is not possible to provide time frames or estimates of when we expect the class action to resolve.

Future timeframes depend on many factors including whether a settlement can be reached or whether the case proceeds to trial in Court.

We will continue to send updates to group members advising them of developments as they are available.

As we are not medical professionals, we are unable to provide you with advice regarding your treatment options.

If you have any concerns regarding your own health, complications or treatment, we suggest that you speak with your doctor or specialist. If you are unhappy with your treatment or advice, it is advisable that you seek a second professional opinion.

We understand that women have suffered enormously in relation to their implants and that this can be overwhelming and cause you to feel alone. If you feel depressed, anxious or suicidal we urge you to contact your GP or Lifeline Australia to ensure you get the help you need. You can call Lifeline at any time on 13 11 14.

You may be angry or disappointed in your doctor and feel that they should have known the mesh was defective. You may also feel that your doctor was slow to respond to the side-effects you were experiencing.

While these feelings are completely valid, legally they don’t amount to negligence on the part of your doctor.

Because of this, our legal team has made the decision to pursue claims against the manufacturers rather than the doctors who prescribed them.