J&J fails in final bid to appeal Australian pelvic mesh class action ruling

J&J fails in final bid to appeal Australian pelvic mesh class action ruling

MELBOURNE, Nov 5 (Reuters) – Australia’s Excessive Courtroom on Friday refused to hear an appeal that Johnson & Johnson sought to overturn a federal courtroom ruling that its subsidiary, Ethicon, had offered faulty pelvic mesh implants, a courtroom spokesman stated.

J&J and Shine Attorneys, which led the class action, stated the matter would now return to the Federal Courtroom to arrange a course of to decide funds to the greater than 11,000 claimants in Australia’s greatest product legal responsibility class action.

“Ethicon is disappointed that it has not been successful in its application for special leave to appeal,” Johnson & Johnson stated in an announcement.

The three lead members of the class action, Kathryn Gill, Diane Dawson and Ann Sanders, will now be eligible to obtain the A$1.276 million ($943,000), A$555,555 and A$757,372 they have been awarded, respectively, Shine Attorneys stated in an announcement.

The claims of the remaining members of the class action could be assessed individually.

The pharmaceutical large needed to appeal a March ruling by the complete bench of the Federal Courtroom of Australia that upheld a November 2019 determination by a federal courtroom decide. learn extra

That decide discovered that Ethicon had offered implants to deal with urinary incontinence and pelvic organ prolapse with out warning ladies and surgeons concerning the dangers and had rushed the merchandise to market earlier than correct testing.

Shine Attorneys filed a second class action in opposition to Ethicon and J&J in the Federal Courtroom in April on behalf of ladies implanted with a faulty mesh product from July 2017, to embrace ladies who weren’t eligible to be part of a primary class action that was filed in 2012.

The allegations in the second class action are mainly the identical as these in the primary. It will likely be up to the courtroom to resolve how that can proceed, Shine Attorneys spokesperson Miriam Sawan stated.

J&J has confronted related lawsuits on its pelvic mesh merchandise in the US, Canada and Europe.

($1 = 1.3526 Australian {dollars})

Reporting by Sonali Paul
Enhancing by Robert Birsel

Our Requirements: The Thomson Reuters Trust Principles.

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