Johnson & Johnson / Ethicon Class Action

Shine Lawyers have commenced a class action which has been brought on behalf of all women who have been implanted with one or more of the following implants in Australia and suffered complications as a result:

• GYNECARE PROLIFT Total, Anterior and Posterior Pelvic Floor Repair Systems;
• GYNECARE PROLIFT+M Total, Anterior and Posterior Pelvic Floor Repair Systems;
• GYNECARE PROSIMA Anterior, Posterior and Combined Pelvic Floor Repair Systems;
• GYNECARE TVT Tension-free Vaginal Tape System;
• GYNECARE TVT ABBREVO Continence System;
• GYNECARE TVT Obturator System;
• GYNECARE TVT SECUR System; and
• GYNECARE TVT Exact Continence System; and
• GYNECARE GYNEMESH PS Nonabsorbable PROLENE Soft Mesh.

Johnson & Johnson/Ethicon’s mesh implants are used to treat pelvic organ prolapse and stress urinary incontinence caused by weakened or damaged pelvic floor tissue.

It’s claimed that the implants were not fit for their purpose, were not of merchantable quality and were not safe as persons are generally entitled to expect in contravention of the Trade Practices Act. It is also alleged that Ethicon Sárl and Ethicon, Inc. and Johnson & Johnson were negligent.

We are aware that there are other companies who manufacture polypropylene mesh and tape such as Boston Scientific. We are not investigating these implants or polypropylene mesh used in hernia repair.

If you have a American Medical Systems (AMS) mesh or tape implant, you may also have a claim for compensation. Shine lawyers are investigating claims and can inform you of your rights. Information on this class action can be found by clicking here.

Many women have suffered complications because of the faulty mesh implants, including:

• Erosion
• Organ perforation
• Recurrent prolapse
• Recurrent stress urinary incontinence
• Vaginal scarring
• Pain
• Infection
• Bleeding
• Painful/uncomfortable intercourse
• Urinary problems.

Mesh erosion, also known as mesh extrusion or exposure, occurs when the mesh erodes through the vaginal wall or into nearby organs.

The US Food and Drug Administration (FDA) issued an announcement on 20 October 2008 advising of the serious complications associated with surgical mesh placed through the vagina to treat pelvic organ prolapse.

On 13 July 2012 the FDA issued an update advising that the serious complications associated with transvaginal mesh for pelvic organ prolapse were not rare.

The short answer is no, however the manufacturers have ceased supplying the following implants:

• GYNECARE PROLIFT Total, Anterior and Posterior Pelvic Floor Repair Systems;
• GYNECARE PROSIMA Anterior, Posterior and Combined Pelvic Floor Repair Systems;
• GYNECARE PROLIFT+M Total, Anterior and Posterior Pelvic Floor Repair Systems; and
• GYNECARE TVT SECUR System.

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.

What you can claim depends upon your individual circumstances and whether or not your injuries are ongoing.

You may be able to claim for:

• Pain and suffering as well as loss of enjoyment of life
• Past and future loss of earnings
• Loss of earning capacity
• Paid care and help such as nurses, gardeners, etc.
• Past and future medical expenses
• Out-of-pocket expenses.

The amount you will be able to claim will depend on the particular facts of your situation.

Once we have put together all of the evidence we will be able to provide you with a better idea of what you can expect to recover.

We work on a No Win No Fee basis and you’ll only pay our fee if you win your case at the end of the claim.

Your legal costs will be determined by the amount of work required to resolve your claim.

The Johnson & Johnson Class Action trial began on 4 July 2017 in the Australian Federal Court.

The trial is expected to run for at least six months. Evidence will be heard from Australian and International medical experts, as well as testimonies from Australian women who have been fitted with the mesh.

Shine’s Barrister Tony Bannon SC will present opening submissions from Tuesday 4 July to Friday 7 July. Johnson & Johnson’s lawyers will present their opening submissions on Monday 10 July.

Further details regarding the progress of the trial will be provided in due course, so it is recommended to regularly check the Shine website for any updates.

Where you are located isn’t necessarily a barrier when it comes to obtaining the services of a lawyer. Shine Lawyers have offices in the following locations, but as part of our service offering, home or hospital appointments can be arranged at your convenience.

Victoria

• Ballrat
• Dandenong
• Geelong
• Melbourne
• Reservoir
• Sunshine

New South Wales

• Fairfield
• Liverpool
• Newcastle
• Parramatta
• Sawtell
• Sydney CBD

Queensland

• Brisbane
• Bundaberg
• Bundall
• Caboolture
• Cairns
• Carindale
• Chermside
• Cleveland
• Dalby
• Gladstone
• Gold Coast
• Gympie
• Helensvale
• Hervey Bay
• Ipswich
• Logan
• Mackay
• Maroochydore
• North Lakes
• Robina
• Springwood
• Stones Corner
• Sunshine Coast
• Toowoomba
• Townsville

Western Australia

• Perth

Shine Lawyers have expert No Win No Fee lawyers that can help you determine your rights and ability to make a claim for compensation. The below links contain further information regarding your legal options.

Why choose Shine

Client stories

Our history

Meet the team

Shine Lawyers also have accredited specialists in personal injury law in:

Queensland

Jodie Willey, Brisbane
Kathryn Rayner, Townsville
Melissa O’Neill, Brisbane
Roger Singh, Brisbane
Simon Morrison, Brisbane

VIC

Stuart Le Grand, Melbourne

NSW

Ron Kramer, Fairfield
Susan Newman, Sydney
Zlatko Mackic, Liverpool