Get 40% Off
👀 👁 🧿 All eyes on Biogen, up +4,56% after posting earnings. Our AI picked it in March 2024.
Which stocks will surge next?
Unlock AI-picked Stocks

Johnson & Johnson loses pelvic mesh class action in Australia

Published 11/20/2019, 10:57 PM
Updated 11/20/2019, 11:04 PM
Johnson & Johnson loses pelvic mesh class action in Australia

MELBOURNE (Reuters) - More than 1,350 Australian women won a seven-year-old class action lawsuit on Thursday against Johnson & Johnson (J&J) for misleading patients and surgeons about the risks of the pharmaceutical giant's pelvic mesh implants.

The suit is one of many J&J has faced in the United States, Canada and Europe over the implants, used to treat urinary incontinence and pelvic organ prolapse, in which organs shift from normal positions. J&J in October agreed to pay nearly $117 million to resolve claims in 41 U.S. states and the District of Columbia.

Australia's Federal Court found that J&J subsidiary Ethicon had sold the devices without warning women about the "gravity of the risks", and was negligent in rushing the products to market before proper testing. The judge in the case, Anna Katzmann, has set February for the next hearing in the case, where damages will be discussed.

Ethicon said it was reviewing the court's decision and would consider its options to appeal.

"Ethicon believes that the company acted ethically and responsibly in the research, development and supply of these products," the company said in a statement.

Judge Katzmann ruled that much of the information the company provided about the devices was "inaccurate" and at times made "false representations".

"The question is whether this conduct considered as a whole was misleading or likely to mislead. I believe it was," Katzmann said in her judgment.

"The post-market evaluation of all the Ethicon devices was deficient," she said. "It fell well below the level of care required of a reasonably prudent manufacturer."

3rd party Ad. Not an offer or recommendation by Investing.com. See disclosure here or remove ads .

"The risks were known, not insignificant and on Ethicon's own admission, serious harm could ensue if they eventuated," the judge said in her ruling.

Patients said they had suffered chronic pain, bleeding and severe discomfort during sexual intercourse after having the mesh surgically implanted.

Dozens of women involved in the class action welcomed the court's decision.

Julie Davis, the original claimant in the case, said she was "incredibly pleased" with the judgment but said it would not take away the pain and damage done to women.

"They have treated women essentially like guinea pigs, lied about it and done nothing to help," she told reporters at a televised media conference outside the court in Sydney.

Latest comments

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.
Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.
Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.
It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.
Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.
© 2007-2024 - Fusion Media Limited. All Rights Reserved.