• RH Lawyers and Richard Spoor announced a class action lawsuit against Johnson & Johnson, Ethicon, Coloplast, and others over pelvic mesh devices.
• The firms say the use of polypropylene is not a suitable material for the implant of pelvic mesh devices.
• They said the class members alleged the surgical implanting of the pelvic mesh devices resulted in them suffering bodily injuries.
• For more financial news, go to the News24 Business front page.

Law firms RH Lawyers and attorney Richard Spoor have initiated a class action lawsuit in the South High Court in Johannesburg against Johnson & Johnson, Ethicon, Coloplast, and Nuangle over pelvic mesh devices that they contend were defective and caused injuries.

The pelvic mesh devices in question are surgically implanted into the vaginal or pelvic region for the treatment of pelvic organ prolapse (POP) and stress urinary incontinence (SUI).

The matter between the firms and the companies has been on the table since at least 2021, but RH Lawyers and Spoor said in a statement on Wednesday that they were ready to pursue the class action suit.

Ethicon and Johnson & Johnson have already been ordered to pay $1.7 million (R31 million) 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 dismissed the companies’ appeal.

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In a statement, RH Lawyers and Spoor announced that the class action intends to seek compensation for South African women that had “defective” pelvic mesh devices implanted and suffered harm as a result.

“The pelvic mesh devices that are surgically implanted to treat the abovementioned conditions, are made in whole or in part from polypropylene and are intended to be implanted permanently. The mesh is porous and is designed in a way so that the patient’s tissue grows through the pores and effectively fuses the mesh to the patient’s body,” the statement said.

The two firms said polypropylene is not a suitable material for implants of this nature, since several scientific studies have shown that polypropylene degrades when implanted into the human body. This could result in degradation, the pelvic mesh device hardening, and becoming deformed.

“This can result in various complications such as 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 statement said the parties would wait for the court to grant the applicants permission to pursue a class action on behalf of those affected.

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The statement said applicants in the class action alleged that the pelvic mesh devices were defective, in that they did not fit, and resulted in the class members suffering bodily injuries.

“The applicants further allege that the respondents knew or ought reasonably to have known of the defects associated with the pelvic mesh device and to have taken appropriate steps to prevent the class members from suffering harm.

“Should the application for certification be granted by the court, the applicants will proceed to trial for determination on two aspects. Firstly, to determine the liability of the respondents; and secondly, to assess the quantum of damages payable to each class member.”

Spokesperson for Coloplast Peter Mønster said: “We do not comment on specific lawsuits. Our purpose at Coloplast is to make life easier for people with intimate healthcare needs.”

“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,” Mønster said.

News24 last week sent queries to Ethicon, Johnson & Johnson, Nuangle as well as Coloplast. Their comments will be added to the article once received.