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$105m settlement reached in mesh class action
A settlement agreement for over $100 million has been reached in a class action filed against Boston Scientific early last year.
Jerome Doraisamy
In late March 2021, proceedings were filed against Boston Scientific Corporation and Boston Scientific Pty Ltd, on behalf of women who were alleging injury as a result of mesh implants distributed by the defendant.
As reported by Nine at the time, Shine class actions practice leader Rebecca Jancauskas (pictured) said that “before the application was set for hearing, we reached agreement with AJB Stevens to stay their proceedings. Those orders were made with the consent of both parties.”
Nine also noted that AJB Stevens director Steven Mousas had said it was in the best interests of the group members that the issue was resolved between the parties, rather than expending unnecessary time and cost to have a court determine the issue.
The proceedings have now reached settlement, for the sum of $105 million. The settlement agreement, Shine said in a statement, does not equate to any admission of misconduct or liability by Boston Scientific, nor has there been any finding of liability by the court against them. The respondents deny the allegations made in the class action.
Speaking about the settlement, Ms Jancauskas – who spoke on The Lawyers Weekly Show in 2019 about juggling an intricate class action and a newborn at the same time, and how the Federal Court supported her in this process – said that “some women implanted with a vaginal mesh or sling, to treat prolapse and incontinence issues, experienced significant complications”.
“This settlement agreement will provide these women compensation that may be used to support their future treatment needs,” she proclaimed.
This class action includes any person who was implanted with one or more of the mesh and sling implants listed below in Australia between 2005 and 1 June 2022: Pinnacle™ Pelvic Floor Repair Kit, Pinnacle™ Lite Posterior, Uphold™ Vaginal Support System, Uphold™ LITE Vaginal Support System, Upsylon™ Y-Mesh, Advantage™ Transvaginal Mid-Urethral Sling System, Advantage Fit™ Transvaginal Mid-Urethral Sling System, Obtryx™ Transobturator Sling System, Obtryx™ II Transobturator Mid-Urethral Sling System, Lynx™ Suprapubic Mid-Urethral Sling System, Solyx™ Single-Incision Sling System; and/or Polyform™.
In late 2019, the Federal Court found in favour of claimants impacted by pelvic mesh implants sold by Johnson & Johnson and Ethicon that were “not fit for purpose”, in what Shine called “the largest women’s health class action in Australia’s history”.
An appeal was lodged in April of the following year, returning to court in February 2021 before the earlier decision was upheld in March of last year. The High Court then dismissed an appeal to that ruling in November, and in April 2022, the Federal Court ordered that class action members be compensated.
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.
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