Sydney: An Australian court upheld a landmark class-action lawsuit against Johnson & Johnson for marketing “negligence” of a pelvic retinal implant Friday, paving the way for thousands of women to seek compensation in a costly setback for the US pharmaceutical giant.
Johnson & Johnson has appealed the 2019 ruling that found the company guilty of “negligent” marketing and “deceptive behavior” while supplying thousands of aquarium networks in Australia.
Victims said the network – Designed to support the weak muscles that hold the pelvic organs – It has caused catastrophic side effects including enuresis, infections and chronic pain.
The judge said in the preliminary ruling: “The risks were known, not minor, and based on the defendant’s confession, they could cause great and serious harm.”
A panel of three judges in the Federal Court rejected the appeal on Friday, a decision that “affirmed that these women are entitled to compensation for the life-changing losses and complications they suffered as a result of these transplants,” he said. Rebecca Yankasukas, the attorney for the plaintiffs.
Shine Lawyers, who led the class action, said it would now aggressively pursue compensation claims that could run into hundreds of millions of dollars.
The three women participating in the 2019 lawsuit were awarded compensation ranging from A $ 556,000 to A $ 1.28 million.
The remaining members of the class action will now present their individual claims to court.
In response to Friday’s ruling, Johnson & Johnson said it “empathizes with all women with medical complications,” but will review the court’s decision and “consider its options.”
Around the world, more than two million women have undergone implanted mesh products, and the Australian verdict is only one in a chain globally.
Early last year, a California judge ordered Johnson & Johnson to pay $ 344 million for false and deceptive marketing of aquarium net products used by tens of thousands of women in the state.
The company settled similar claims with Washington State for $ 9.9 million and Allied 42 other states for $ 117 million.