Johnson & Johnson/ Ethicon Class Action

If you've been hurt because of a faulty Johnson & Johnson/Ethicon Gynecare mesh or tape implant, you may be entitled to compensation. Our class action lawyers commenced a class action on 16 October 2012 and can advise you of your rights.

Template for submitting your experiences to the senate inquiry in transvaginal mesh implants

Submission to Senate Inquiry Template

Recent Johnson & Johnson and Ethicon news

Ethicon faces multiple actions for faulty implant

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Common questions about 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 should be able to give you a better idea of what to expect.
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 class action against Johnson & Johnson/Ethicon is set down for trial on 4 July 2017. This trial is estimated to run between 5 and 6 months.

The Applicants recently filed and served expert and lay evidence on the Respondents. This evidence involved both local and international experts who have the requisite qualifications and experience to comment on the complex issues in this case.

The Respondents now have until 6 December 2016 to provide their expert and lay evidence. Once this evidence is filed we will be permitted to submit evidence in reply. Evidence in reply will provide us with the opportunity to respond to the evidence put forward by the Respondents.

Further details regarding the progress of this matter towards 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

New South Wales

Queensland

Western Australia
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.

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

Queensland
mesh class action lawyers queensland

Jodie Willey, Brisbane
Kathryn Rayner, Townsville
Lisa Kinder, Toowoomba
Melissa O'Neill, Brisbane
Michelle Wright, Springwood
Peter Matus, Bundall
Roger Singh, Brisbane
Simon Morrison, Brisbane

VIC
mesh class action lawyers Victoria

Stuart Le Grand, Melbourne

NSW
mesh class action lawyers New South Wales

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

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