29 August 2019

Pelvic Mesh Implants – Medical Negligence and Class Actions

John Harvey
John Harvey Compensation Lawyer

There have been recent reports of a Sydney law firm running actions for over 200 women who have suffered injuries arising from pelvic mesh implants. There are also a couple of other firms running class-actions in relation to pelvic mesh implants.

Although some claimants will be well served by such group actions, there are some who would be better advised to seek legal advice and assistance from a Queensland based law firm with practitioners with expertise in the area of medical negligence.

If the 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 expert 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 in comparison to that of claimants who are one of many in an on-going class-action.

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 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 with expertise in medical negligence law as soon as possible. There is a strict time limitation 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).

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