Judgment regarding application for class closure
As you may be aware, on 12 December 2018 the Respondents (Ethicon Inc., Ethicon Sàrl and Johnson & Johnson) filed an application that would allow some group members to complete a registration form by a certain date. If group members did not complete this form by that date, their rights to share in compensation as a result of judgment1 or settlement2 would be terminated. The Respondents’ registration form did not allow for the registration of claims relating to TVT-O, TVT, TVT Exact, TVT-A or the Gynemesh PS.
On 4 February 2019, Justice Lee heard and dismissed this application. Instead, the Court found that a registration process should be available for all implants including claims for TVT-O, TVT, TVT Exact, TVT-A or the Gynemesh PS implants.
The new registration process
The new registration process will not impact a woman’s rights to share in a successful judgment should they fail to register. However, the registration process may impact their rights if a settlement is reached. If the parties reach a settlement agreement that is approved by the court, those who failed to register their claim may be excluded from the settlement.
At this stage, we cannot provide any further information regarding the registration process, as these details have yet to be determined. No settlement agreement has been reached, and we are still waiting to receive a judgment.
Please note that no action is required from your end at this stage. We will be in contact with you when further information regarding the registration process is available.
Status of judgment from trial
We are still waiting for judgment to be delivered by Justice Katzmann following the trial which concluded in late February 2018. Given the size and complexity of the matter and issues presented at trial, it is not unusual to wait this length of time and longer for judgment to be delivered. While we had hoped the judgment would be delivered in the first half of this year, we cannot advise on when a decision is expected. Following receipt of the judgment there may be a lengthy appeal process.
Reminder: Social Media Usage
As part of the class closure application, the Respondents provided evidence of Facebook screenshots related to mesh injuries and the proceedings.
We again remind you to please be cautious and conscious of any information you are publishing on social media or other public forums regarding your personal situation in relation to the vaginal mesh implants. It is not possible to guarantee the audience you are posting to even within ‘closed’ groups or how that information may be used in the future.
Important Notice: Cold Calls & Scams
We have received reports of cold calls being received in relation to this matter and other legal proceedings requesting payment of outstanding fees. Please note that Shine Lawyers has not asked any person to provide a payment of money in relation to these proceedings. Please be mindful of providing personal information to third parties. Please report any calls you suspect to be scams to ACCC’s ScamWatch through www.scamwatch.gov.au.
In most cases, health providers need to keep medical records for a minimum of 7 years (this timeframe may be longer depending on your state or territory). After this time, these records may be destroyed and therefore will not be able to be requested at a later date. We do not know what records will be required to support your claim should we be successful; however, records may be important.
We suggest that you contact your hospital, surgeon or treatment provider and request that they do not destroy your medical records. Alternatively, you may wish to obtain a copy of these records yourself to ensure they are not destroyed. Shine does not request complete medical records for all potential group members.
- A judgment is the official decision of a court given at the end of a trial.
- A settlement is a resolution between disputing parties reached outside of court.