Hundreds of women living with pain and complications after they were fitted with pelvic mesh devices rejoiced in November last year when they won a seven-year landmark class action case against Ethicon, a subsidiary of Johnson & Johnson.
But the pharmaceutical manufacturer has now lodged an appeal against the judgement, leaving more than 1,350 class action members wondering what will happen next.
Urogynaecological meshes, sometimes known as transvaginal meshes, are inserted into women as a treatment option for pelvic organ prolapse (when the connective tissue securing the vagina and uterus to the pelvis gives way after childbirth), or urinary incontinence.
Shine Lawyers, which ran the class action on behalf of the women, alleged the warnings accompanying the implants were inadequate and that the implants caused an unacceptable rate of complications including erosion, incontinence and chronic pain.
In November, Federal Court justice Anna Katzmann found the manufacturer had acted negligently and engaged in misleading and deceptive conduct, and that the women should be compensated.
Justine Watson was fitted with an Ethicon product in 2010 and still suffers ongoing complications. After a seven-year legal fight, she is not surprised Johnson & Johnson has launched an appeal.
"We have a lot of people that are feeling that [the appeal] is prolonging the agony and re-traumatising us," Watson told BuzzFeed News. "It means it will take a lot longer for people to get compensation and in the current financial climate people are really struggling just to get decent healthcare."
Watson said she and others were worried the case might now drag on for another three years.
"I can't afford proper rehabilitation and I've had the [implant removed] but if I had some of that money now I would be doing more physiotherapy and have more at-home help," she said.
Shine Lawyers head of class actions Jan Saddler said Ethicon and Johnson & Johnson lodged its appeal last week.
"This decision by Ethicon and Johnson & Johnson means that the thousands of Australian women impacted by their defective products — which should never have been sold in Australia — and who are a part of this successful class action will have to continue to fight and wait for the compensation they are entitled to receive," Saddler told BuzzFeed News. "Friday was a challenging day for these women."
Saddler said women who had been affected by defective mesh products had one more day to register for the class action.
A Johnson & Johnson Medical spokesperson told BuzzFeed News Ethicon believes it acted "ethically and responsibly" in the research, development and supply of pelvic mesh devices.
"Ethicon empathises with those women who have experienced complications following pelvic organ prolapse and stress urinary incontinence surgical procedures," the spokesperson said.