The High Court has dismissed a pharmaceutical giant’s application for special leave to appeal a decision that opened the door for thousands of victims to bring compensation claims.
In November 2019, the Federal Court found that defective pelvic mesh implants manufactured by Johnson & Johnson, which caused debilitating medical complications for more than 11,000 women, were “not fit for purpose” and carried risks that were “known, and not insignificant.”
The implants were used to treat stress urinary incontinence or uterus prolapse after childbirth. The court heard evidence that the products caused several serious complications, including infections, damage to surrounding organs, and chronic pain.
In a decision of 5 November 2021, the High Court dismissed the application, finding no point of law to be challenged and no prospect of success for the pharmaceutical companies.
According to the ABC, Rebecca Jancauskas of Shine Lawyers, who led the 1350-claimant class action, described the High Court’s dismissal as a “huge win”.
“There are over 11,000 Australian women who are now entitled to bring individual claims for compensation and they may be fighting Johnson & Johnson for their compensation for many years to come,” she said.
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