Johnson & Johnson reaches $300m settlement over pelvic mesh implants
Pelvic mesh implant manufacturer Johnson & Johnson group has reached a $300m settlement in two class actions, after thousands of women worldwide reported complications from the mesh products including chronic pain, painful sexual intercourse and incontinence.
It marks the largest settlement in a product liability class action in Australian history, and is subject to federal court approval.
The net-like meshes, which come in a number of forms, including a “sling”, “tape”, “ribbon”, “mesh” and “hammock”, aim to treat pelvic organ prolapse by giving permanent support to weakened pelvic organs, and to repair damaged tissue.
Shine Lawyers led the Australian class actions and alleged Johnson & Johnson failed to properly test the devices and played down their risk to both surgeons and patients. Women have suffered complications including mesh exposure and erosion – when the mesh pokes through the vaginal wall or cuts through internal tissue – vaginal scarring, fistula formation, painful sex, and pelvic, back and leg pains. Some of these complications may occur years after surgery and can be difficult to treat.
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The first class action was filed in the federal court on 15 October 2012, and ran to trial over seven months between July 2017 and February 2018. In November 2019, a landmark judgment was delivered in favour of the 1,350 women who were part of the class action and who had mesh and tape products implanted to treat pelvic prolapse or stress urinary incontinence.
Johnson & Johnson Medical and Ethicon appealed to the full court of the federal court, which dismissed the appeal in March 2021.
The full court agreed with the primary judge’s finding
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