A decision was handed down on 21 November 2019 by Judge Katzmann in the Federal Court of Australia against Johnson & Johnson and related Ethicon companies.
After 7 years and a 6-month trial, the defendants were found to have breached the Trade Practices Act (now the Australian Consumer Law), supplied medical devices with defects and otherwise breached their duty of care to the representative plaintiffs in the class action.
This may not be the end of the matter as the defendants have already indicated an intention to appeal.
As I have noted previously in another newsletter, some claimants will be well served by such group actions. But there are some who would be better advised to seek individual legal advice and assistance from a Queensland based law firm with practitioners specialising in the area of medical negligence.
If a claimant has a significant economic loss claim or a significant domestic assistance care claim, then the best overall outcome is likely to be achieved by specialised attention to their claim alone. Bennett and Philp Lawyers recently settled a very significant claim for such a claimant. By being able to concentrate on her claim alone, a settlement was able to be reached within a relatively short time frame.
On the other hand, those claimants whose employment or income earning capacity has not been affected by the pelvic mesh implant and whose claim is one for general damages for pain and suffering only may be well served by a representative or class action. General damages for pain and suffering are terribly low in Queensland and an individual claim for such a claimant may not be economically viable.
Any woman who has been injured by a pelvic mesh implant where the procedure was undertaken in Queensland ought to consult with a Queensland based solicitor specialising in medical negligence law as soon as possible. There is a strict time limit of 3 years in which to commence a claim in Queensland. This may be extended in special circumstances but again, the sooner proper legal advice is sought, the better.
Individual liability limited by a scheme approved under professional standards legislation (personal injury work exempted).