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A judge has tossed out an application by a group of surgeons who formerly worked for The Cosmetic Institute to declass a representative proceeding on behalf of 13,500 patients who claim they suffered injury or complications from breast augmentation surgery.
A declassing bid by nine doctors in a class action on behalf of women allegedly injured by a one-size-fits-all approach to breast implant surgeries must apply to the entire proceeding, not just the claims against them, a court has heard.
The applicants in a class action against The Cosmetic Institute and twelve doctors over allegedly "incompetent" breast augmentation surgery have won court approval to expand their case to allege misleading and deceptive conduct and breaches of the consumer guarantees in the Australian Consumer Law.
A Sydney law firm that brought a class action against Boston Scientific over allegedly defective pelvic mesh products has agreed to stay its case while a class action by Shine Lawyers moves ahead.
Despite a judge's urging for the parties to arrive at a "pragmatic solution", the lawyers behind competing pelvic mesh class actions against Boston Scientific will duke it out for carriage of the proceedings.
Hoping to avoid a lengthy trial like the 89-day hearing in the pelvic mesh class action against Johnson & Johnson's Ethicon, a judge has suggested splitting up a class action hearing over TFS Manufacturing and IVS pelvic mesh products to focus on the question of the devices' safety and efficacy first.
A judge has approved an application to join the insurer of a former doctor into a class action seeking compensation for defective pelvic mesh implants and wants to fast-track the matter for trial next year.
Medical device maker Covidien has lost a bid to have the applicant in a product liability class action over allegedly defective pelvic mesh front $300,000 as security for its legal costs in the event it wins the case.