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Manufacturers face multiple actions for faulty implants worldwide

Ethicon Mesh

Australia is not the only country in which litigation has been brought challenging the safety of Ethicon’s pelvic floor implants. Similar trials have been brought in Belgium, Canada, England, Israel, Italy, the Netherlands, Scotland, and Venezuela.

In January 2016, Johnson & Johnson offered a settlement of $120 million dollars (USD) to approximately 2,000 to 3,000 litigants across the United States. This first transvaginal mesh settlement came when Ethicon were facing a total of 42,400 cases in the United States alone.

As of April 27th, 2016, there were 90,131 filed litigation cases in the Southern District of West Virginia in the Multi District Litigation (MDL) against Ethicon, and similar companies, in relation to a range of pelvic mesh and tape devices. In addition, on July 19th 2016, there were 169 pelvic mesh trials waiting to begin in the Philadelphia Courts of Common Pleas; and, on July 21st 2016, there were 8,887 pending Ethicon Pelvic Mesh litigations filed in the Atlantic City to Bergen County Multicountry Litigation (MCL).

In 2015, a $5.7 million verdict was awarded against Ethicon in the trial of Perry v. Ethicon. In this matter, Ms Perry received a TVT Abbrevo implant and suffered long term complications as a result. During its fourth day of deliberations, the jury found Ethicon liable for defects in the design of the device. The jury held that Ethicon acted with malice and negligently failed to warn of the risks associated with this product.

One day after the Perry judgment was announced, the matter of Bellew v. Ethicon, which was due to proceed to trial, settled. Dianne Bellew was also implanted with a Prolift device.

To date, the highest jury award reached in the US is $11.1 million, which was awarded in a State level litigation to Linda Gross, for injuries she sustained from her Gynecare Prolift implant.

In the first Ethicon MDL trial in September 2014, the jury awarded $3.27 million to Jo Huskey, who sustained complications resulting from her TVT-Obturator mesh device.

Further bellwether cases, specifically Edwards v. Ethicon and Mullins v. Ethicon are yet to be tried.

Shine Lawyers have an ongoing class action against Johnson & Johnson Australia, Ethicon Inc. and Ethicon Sarl in relation to their allegedly defective pelvic floor repair system devices. The action is brought on behalf of Australian women who have suffered injuries as a result of these implants, which were designed to treat urinary incontinence and pelvic organ prolapse.

Click to read more information about the Johnson & Johnson and Ethicon class action in Australia

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