Aussies paid $105m on pelvic mesh implants

A $105m settlement agreement has been reached in a class action filed against US-based Boston Scientific by Shine Lawyers on behalf of Australian women who received pelvic mesh implants.

The case, which went before the Federal Court of Australia in March 2021, covered women who received any of 12 pelvic mesh and incontinence sling implant products from 2005 onwards.

A $105m settlement agreement has been reached in a class action filed against US-based Boston Scientific by Shine Lawyers on behalf of Australian women who received pelvic mesh implants.

In a statement on Wednesday, Shine acknowledged the agreement “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,” the Shine statement said.

The case, which went before the Federal Court of Australia in March 2021, covered women who received any of 12 pelvic mesh and incontinence sling implant products from 2005 onwards.

There are hundreds of women in the action, but the number could go much higher. The agreement is subject to approval by the Federal Court expected in the next two to three months. It will set a deadline by which further claims must be registered.

“Some women implanted with a vaginal mesh or sling to treat prolapse and incontinence issues experienced significant complications,” said Shine’s class actions practice leader, Rebecca Jancauskas, who ran the action.

“This settlement agreement will provide these women compensation that may be used to support their future treatment needs.” Mesh products have been the subject of many complaints, as well as legal action in Australia and in other countries. In 2018, evidence to a Senate inquiry estimated surgery involving transvaginal mesh had been performed on about 150,000 women in Australia.

The inquiry concluded this surgery should be “a last resort when other treatment options had been properly considered and determined unsuitable”. 

The lead applicant in the action, Debra Fowkes, a mother of five children, was operated on in 2015, when she was 50, for pelvic organ prolapse and urinary incontinence. Following the surgery, during which she received a sling implant, she experienced vaginal pain and by May 2017 was suffering from vaginal discharge and pain, and urinary incontinence.

Corrective surgery was performed on Mrs Fowkes in 2017 and in 2019, but by February 2020, she was experiencing a painful burning sensation in her vagina.

Included in her loss and damage claim were personal injury including complications from the implant, economic loss including health care and out-of-pocket expenses, and special care.

Shine’s class action against Boston Scientific is one of three against pelvic mesh manufacturers that involve Australian women. The firm is also still representing women in actions against Johnson & Johnson and two Ethicon subsidiaries, and Astora Women’s Health.

The action against Johnson & Johnson and its subsidiaries, brought in 2017 involved thousands of Australian women. A Federal Court trial was decided in favour of the women in 2019.

Johnson & Johnson and subsidiaries appealed to the Full Court of the Federal Court.

This was dismissed in March 2021 but then Johnson & Johnson applied for special leave to appeal to the High Court. This was dismissed in November 2021.

The damages claims are now being assessed. The action against Astora Women’s Health is still before the Federal Court.