Shine Lawyers is fighting for justice on behalf of thousands of Australian women who have been left with life altering complications after receiving Johnson & Johnson vaginal mesh or tape implants.
High Court Appeal
On Tuesday 6 April 2021, Ethicon and Johnson & Johnson (J&J) applied for special leave to appeal the decision of the Full Court of the Federal Court to the High Court of Australia.
A hearing will be held later this year for the High Court to determine whether special leave should be granted. If the High Court refuses to grant special leave to J&J, the decision of the Full Court of the Federal Court (handed down on 5 March 2021) will stand. If the High Court grants J&J special leave to appeal the decision of the Full Court, then the subsequent decision of the High Court will be final and there will be no further right of appeal.
This page will be updated when further information is available.
Federal Court Appeal Judgment - March 2021
On the 5th of March 2021, Shine Lawyers welcomed the Federal Court’s decision dismissing Ethicon and Johnson & Johnson’s appeal in favour of the thousands of women whose lives were destroyed by defective prolapse mesh and incontinence tape implants. This victory has been a long journey towards justice for Australian women left devastated by these products.
In a class action, there are a number of ways in which the case can proceed following an appeal judgment. This page will be updated when further information is available.
Federal Court Judgment - November 2019
On the 21st of November 2019 we welcomed the Court’s decision which found that Johnson & Johnson vaginal mesh and tape implants were not fit for purpose or of merchantable quality. Federal Court Judge Anna Katzmann also found that Johnson & Johnson and Ethicon Sàrl and Ethicon, Inc. were negligent and driven by “commercial opportunities”.
The judgment is available to view by clicking here.
What is the Johnson & Johnson / Ethicon Class Action about?
The class action, which is the largest women’s health action in Australian history, was filed by Shine Lawyers on behalf of thousands of Australian women who have been left with life altering complications after receiving Johnson & Johnson vaginal mesh or tape implants. This has been part of a global health crisis involving these products, which have had a devastating impact on hundreds of thousands of women whose lives were put on hold as they endured chronic and debilitating pain.
Shine Lawyers’ claim alleged that:
- the implants were defective and not fit for purpose;
- 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 severe and life-altering complications including erosion and chronic pain.
Can I join the Johnson & Johnson / Ethicon Class Action?
This class action includes any person who was implanted, in Australia, with one or more of the tape and mesh implants listed below used to treat stress incontinence or prolapse and suffered complication(s).
The implants are:
- Gynecare Prolift Pelvic Floor Repair Systems (Anterior, Posterior and Total);
- Gynecare Prosima Pelvic Floor Repair Systems (Anterior, Posterior and Combined);
- Gynecare Prolift+M Pelvic Floor Repair Systems (Anterior, Posterior and Total);
- Gynecare TVT;
- Gynecare TVT - Abbrevo;
- Gynecare TVT – Secur;
- Gynecare TVT Exact;
- Gynecare TVT - Obturator; and
- Gynecare Gynemesh PS Nonabsorbable polypropylene Mesh.
See our FAQs section below for further information on how to find out the type of implant you may have received.