Law firms RH Lawyers and attorney Richard Spoor have initiated a class action lawsuit in the Gauteng High Court (Johannesburg) against Johnson & Johnson, Ethicon, Coloplast and Nuangle over pelvic mesh devices that they contend were defective and caused injuries.
Ethicon and Johnson & Johnson have already been ordered to pay $1.7m to three women in Australia after a court in that country determined that the companies misled patients and surgeons about the risks of using the devices. Supporting affidavits from nine women were also provided to the court. A full Bench of the Australian High Court has already dismissed the companies’ appeal.
The pelvic mesh devices in question are surgically implanted into the vaginal or pelvic region to treat pelvic organ prolapse (POP) and stress urinary incontinence (SUI), reports News24.
The South African matter between the firms and the companies has been on the table since at least 2021, but RH Lawyers and Spoor have said in a statement they are now ready to pursue the class action suit, to seek compensation for women who had “defective” pelvic mesh devices implanted and suffered harm as a result.
“The devices … are made in whole or in part from polypropylene and intended to be implanted permanently. But the mesh is porous, designed in a way .. the patient’s tissue grows through the pores and effectively fuses the mesh to the patient’s body,” their statement said.
The two firms said polypropylene is not a suitable material for implants of this nature, since several scientific studies have shown that it degrades when implanted into the human body. This could result in degradation, the pelvic mesh device hardening, and becoming deformed.
“This can result in complications … cutting into the tissue, chronic inflammatory responses, excessive scar tissue build-up, and mesh perforating tissue or eroding through the pelvic wall.”
The statement said the parties would wait for the court to grant the applicants permission to pursue a class action on behalf of those affected.
“The applicants further allege that the respondents knew or ought reasonably to have known of the defects associated with the device and to have taken appropriate steps to prevent … harm.”
Spokesperson for Coloplast Peter Mønster said: “We are committed to the women’s health business and believe our mesh products improve lives and are a safe and valuable option for surgeons who treat women with pelvic organ prolapse and stress urinary incontinence.”
See more from MedicalBrief archives:
SA vaginal mesh class action following landmark judgment
SA group plans vaginal mesh class action
J&J: Australia court awards damages for faulty pelvic mesh implants
FDA halts sale of all surgical mesh products in the US