Soni Satti
The Australian Federal court upheld a landmark class-action lawsuit against Johnson & Johnson for “negligent” marketing of pelvic mesh implants. This had resulted in the paving of the way for thousands of women to receive compensation in a costly setback for the US pharma giant.
Johnson & Johnson had appealed the 2019 ruling that found the company guilty of “negligent” marketing and “deceptive conduct” while supplying thousands of pelvic meshes in Australia. Hundreds of the synthetic implants eroded, extruded, or caused infection without warning – leaving women in chronic pain and with damage to surrounding organs.
“The risks were known, not insignificant, and on the respondents’ admission, could cause significant and serious harm,” the judge said in the initial ruling.
A three-judge panel at the federal court dismissed the appeal, a decision that
“confirmed that these women are entitled to be compensated for the losses and the life-altering complications that they have suffered as a result of these implants,” said Rebecca Jancauskas, a lawyer for the claimants.
Responding to the ruling, Johnson & Johnson said it
“empathizes with all women who experience medical complications” but would review the court decision and “consider its options”.
Worldwide, more than two million women have had the mesh products implanted in their bodies and the Australian ruling is just one in a series globally. More than 10,000 women are due to share in hundreds of millions of dollars in compensation after Johnson & Johnson failed to overturn a landmark ruling finding it concealed the true extent of complications of damaging medical devices.