IVS/TFS Class Action

Mesh implants are most commonly used to treat pelvic organ prolapse and stress urinary incontinence in women.

There are many mesh implant products produced by several manufacturers, and AJB Stevens have commenced a class action in the Federal Court of Australia specifically against the manufacturers and distributors of the TFS and IVS Products.

By accessing your hospital records we will be able to tell you if you have a TFS or IVS product.

If you are unsure whether your mesh implant is a TFS or IVS product, please get in touch with us.

In a range of cases, there have been issues and complications surfacing as a result of this surgery. The product design and implantation appear to be responsible for life-altering complications in a number of women.
These products have left women suffering from various conditions including:

• chronic pain
• nerve pain
• worsening of incontinence or prolapse symptoms
• difficulty voiding and defecating
• difficulty with sexual activity, and constant infections.

The legal action that AJB Stevens has commenced on behalf of affected individuals is called a ‘class action’. This is a legal proceeding brought on behalf of a group of people, rather than one individual. One person, known as ‘lead plaintiff’, ‘lead applicant’ or ‘representative plaintiff’ becomes the designated leader of the group for legal purposes.

This class action claims that the provision of certain mesh products breached the Australian Consumer Law, as well as a duty of care to the affected individuals.

A class action means that one case can settle many similar claims. This reduces the cost to individuals (who would otherwise have to bring an individual case), and reduces the time it would take to conclude many separate legal cases.

Several criteria must be satisfied before a class action can commence:

• Seven or more individuals must be making claims against the one individual or company.
• Their claims must arise out of the same or similar circumstances.
• The claims must result in a substantial common issue of law or fact.

No, in Australia, class actions are “opt-out”. This means that if you fall within a defined group, you stand to benefit if the claim is successful. The definition of this group will be contained in documents associated with this legal proceeding.

If you are unsure whether it covers you, please get in contact with us.

At a certain point in the proceedings, the Court will require that an “opt-out” notice is circulated. This will mean any individual can remove themselves from the claim if they want no part in it.

If you register your interest in this action with us, we will be able to keep you updated about the progress of the claim. Registering with us does not commit you to anything and you will have the choice to cancel your claim.

This means that you can bring your own individual legal claim against the manufacturers and distributors of IVS or TFS mesh products.

Note, however, that this also means that you will not receive any benefit from the class action (if it is successful).

This class action alleges that the defendants breached Australia’s consumer protection laws and their duty of care to consumers, in producing a device that has serious risks of harm, and also in failing to warn consumers about these risks so that women could make an informed choice about their options.

This is particularly important considering there were other options available that were equally as effective but considerably safer, and which did not involve these kinds of risks.

The claim covers all individuals who had any of the TFS or IVS devices implanted from August 2000 onwards, and who subsequently suffered injuries as a result of these devices.

The compensation entitlements will depend on the progress and outcome of this case.
Once your AJB Stevens mesh implant compensation expert has assessed your situation they will be able to advise you of possible outcomes.

The compensation that results from this case may cover:

• Loss of income
• Hospital expenses
• Rehabilitation Costs
• Home Assistance
• Pain and Suffering
• Loss of Life Enjoyment

Our lawyers will assess your situation to ensure that you are eligible to join this class action. If so, we will register your details with our firm and this will ensure you are kept in the loop regarding developments in regards to the class action.

At AJB Stevens, we understand that many Australians may not seek legal help for mesh implant compensation cases as they believe the cost to be too much. This is why we always stand by our No Win No Fee claim. This means that if we don’t win this case, you don’t pay our legal fees.

This policy backs our claim that we believe every Australian deserves the right to legal representation when they need it most, regardless of their financial situation. If the class action is successful, we will provide you with a cost agreement.