On the 21st of November 2019, the Federal Court handed down its judgment on the class action filed by Shine Lawyers against Johnson & Johnson, in favour of the thousands of women affected by faulty vaginal mesh or tape implants. On the 3rd of April 2020, Johnson and Johnson Medical, Ethicon and Ethicon Sàrl (the Respondents) lodged an appeal against the Court’s judgment. Shine Lawyers (the Applicants) will be defending this appeal. Group Members will be notified once further information is available regarding the timetable for the appeal.
Johnson & Johnson Class Action found in favour of Australian women
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 their manufacturers Ethicon Sàrl and Ethicon, Inc. were negligent and driven by “commercial opportunities”.
This victory has been a long journey towards justice for Australian women left devastated by these products, who can now bring individual damages claims for the often-irreparable damage that these implants have caused to their lives. The judgment is available to view by clicking here.
The Federal Court ordered that women who wish to participate in a settlement must have completed a Claimant Registration Form by 4:00PM on Thursday 9 April 2020. Although Registrations for a settlement in this class action have closed, you may still be able to join the class action for the purpose of a Court assessment process.
On 4 July 2017, the trial for the Johnson & Johnson Class Action began in Sydney in the Federal Court of Australia. 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.
The trial ran for over 7 months in the Federal Court and judgment had been reserved since February 2018.
Supporting Documents for the Johnson & Johnson Mesh Class Action
- Fifth Further Amended Originating Application
- Fifth Further Amended Statement of Claim
- Defence to the Fifth Further Amended Statement of Claim