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J&J Fails in Latest Offer to Appeal Australian Pelvic Mesh Class Action Decision


MELBOURNE, Nov. 5 (Reuters) – Australia’s High Court on Friday refused to hear an appeal that Johnson & Johnson sought to overturn a federal court ruling that its affiliate, Ethicon, had sold faulty pelvic mesh implants , said a spokesperson for the tribunal.

J&J and Shine Lawyers, who led the class action, said the case will now be referred to Federal Court to put in place a process to determine payments to the more than 11,000 plaintiffs in the largest liability class action lawsuit. due to products from Australia.

“Ethicon is disappointed that it was unsuccessful in its request for special leave to appeal,” Johnson & Johnson said in a statement.

The three main class members, Kathryn Gill, Diane Dawson and Ann Sanders, will now be eligible to receive A $ 1.276 million ($ 943,000), A $ 555,555 and A $ 757,372 respectively, Shine Lawyers said in a statement.

The claims of the other class members would be assessed separately.

The pharmaceutical giant wanted to appeal a March decision of the full panel of the Federal Court of Australia that upheld a November 2019 decision by a federal court judge. Read more

This judge found that Ethicon had sold implants to treat urinary incontinence and pelvic organ prolapse without warning women and surgeons of the risks and had rushed the products to the market before proper testing.

Shine Lawyers filed a second class action lawsuit against Ethicon and J&J in Federal Court in April on behalf of women implanted with a defective mesh product from July 2017, to include women who were not eligible to join a first class action that was filed in 2012.

The allegations of the second class action are basically the same as the first. It will be up to the court to decide how this plays out, Shine Lawyers spokesperson Miriam Sawan said.

J&J has faced similar lawsuits over its pelvic mesh products in the United States, Canada and Europe.

($ 1 = AU $ 1.3526)

Reporting by Sonali Paul Editing by Robert Birsel

Our standards: Thomson Reuters Trust Principles.


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