On Nov. 20, 2019, over 1,350 Australian women celebrated a legal victory in a seven-year class-action lawsuit against Johnson & Johnson and its subsidiary Ethicon as reported by Reuters. The lawsuit in question alleged that the corporation had misled patients and surgeons about the risks of their pelvic mesh implants. The Australian pelvic mesh lawsuit […]
On Nov. 20, 2019, over 1,350 Australian women celebrated a legal victory in a seven-year class-action lawsuit against Johnson & Johnson and its subsidiary Ethicon as reported by Reuters. The lawsuit in question alleged that the corporation had misled patients and surgeons about the risks of their pelvic mesh implants. The Australian pelvic mesh lawsuit victory marks a global precedent that is favorable to plaintiffs claiming that the Johnson & Johnson subsidiary Ethicon is responsible for their pelvic mesh complications.
Seven years ago, the Australian pelvic mesh lawsuit was filed on behalf of women who had developed complications after receiving pelvic mesh implants to treat urinary incontinence and pelvic organ prolapse. In 2019, the Australian Federal Court found in favor of the plaintiffs in the suit. According to the judge Anna Katzmann, Ethicon had negligently rushed their meshes to market without proper testing and they also failed to warn women and physicians of the “gravity of the risks” associated with the products.
Following Judge Katzmann’s verdict on the Australian pelvic mesh lawsuit, Ethicon released a statement in which they announced an intent to review the court’s decision and potentially appeal the verdict. A statement from the company informed readers that “Ethicon believes that the company acted ethically and responsibly in the research, development and supply of these [pelvic meshes].”
Judge Katzmann also released a statement as well as her judgment in which she states that the question of fact in the case was whether this conduct considered as a whole was misleading or likely to mislead. I believe it was.” Katzmann stated that the post-market evaluation of Ethicon’s pelvic meshes found the products to be deficient and fell well below the standard of care expected of a company.
Judge Katzmann also stated that a large amount of the information the company provided about the devices to physicians and women was “inaccurate” and at times made “false representations” and that the risk of severe complications was “ known, not insignificant and on Ethicon’s own admission, serious harm could ensue if they eventuated.”
The Australian pelvic mesh lawsuit is not the only time Johnson & Johnson has experienced a legal setback this year. In October the pharmaceutical corporation agreed to pay just under $117 million to resolve lawsuits against them in 41 U.S. states and the District of Columbia. The Australian pelvic mesh lawsuit will continue to the assignment of damages in February 2020.
The news of the Australian pelvic mesh lawsuit was not received with unilateral delight. Julie Davis, the original claimant in the case, said she was “incredibly pleased” with the decision but felt that it would not take away the pain and damage done to women. By her own statement, Davis said she felt that Ethicon “treated women essentially like guinea pigs, lied about it and done nothing to help.”
For more information about the potentially harmful effects of internal meshes visit Parker Waichman’s Hernia Mesh Lawsuit Lawyers Page.
Although the Australian pelvic mesh lawsuit happened across the globe, the legal arguments and evidence presented can help lawsuits in the United States, and the judgment favoring the plaintiffs also informs legal and public opinion with regard to whether Johnson & Johnson and Ethicon may have been in the wrong.
If you or a loved one have experienced complications, additional surgeries, injury, or wrongful death while using pelvic mesh, you may be entitled to financial compensation. To earn that compensation, you will need a legal firm that has the experience to handle complex litigation, and the resources to stand their ground in the face of massive corporations like Johnson & Johnson. That firm is Parker Waichman LLP.
At Parker Waichman LLP, teams of experienced trial attorneys are prepared to pursue your case to its utmost conclusion in order to gain the maximum amount of compensation that you are entitled to. Don’t wait, contact Parker Waichman today for a free consultation.