Johnson & Johnson loses court case over surgical mesh

Johnson & Johnson have been described as negligent during a case within Australian federal court over the vaginal mesh implant.

The surgical mesh has previously been used in the repair of pelvic organ prolapse as well as for stress urinary incontinence. Originally it was thought to be a less invasive treatment option alternative to surgery, however, the use of the mesh has been widely reported due to a significant number of women reporting negative experiences with the device.

A group named, ‘Sling The Mesh’ focuses on “raising awareness of the life changing risks of a ‘simple’ day case operation” alongside other groups such as, Mesh Survivors Ireland. Many other women are also turning to social media to voice their concerns over the surgery.

The Australian federal court has recently ruled in favour of hundreds of women who suffered pain following the vaginal mesh implant. During the case Judge Anna Katzmann explained how there was “overwhelming” evidence showing the medical device creator Ethicon, who is owned by Johnson & Johnson, was “negligent.”

Katzmann also said how Ethicon had misled both surgeons and patients. She claimed Johnson & Johnson were aware of the fact that they were pushing an “inaccurate” product that was unsafe, and the company failed to make doctors and patients aware of this. Katzmann added: “While the law does not require that goods be absolutely free of risk, it does require that manufacturers and suppliers disclose the risks.

“Unless the manufacturer provides frank warnings about the risks associated with its products, medical devices included, persons generally are entitled to expect that the products do not carry those risks."

Speaking about the verdict, manufacturer Ethicon said: "Ethicon believes that the company acted ethically and responsibly in the research, development and supply of these products.” The company is currently considering options to appeal the court decision.

Compensation will be awarded by Katzmann in February.

The mesh is continuing to hit headlines all around the world. Earlier this year, in the United Kingdom, The National Institute for Health and Care Excellence (NICE) published updated guidance on the use surgical mesh products. However, these guidelines were met with disappointment from both politicians and campaigners. Meanwhile in Ireland a group of more than 500 women who form Mesh Survivors Ireland are currently in talks with the minister for health, Simon Harris over the use of the device.