Judge approves surgical mesh class action in bid for compensation

A judge has given the go-ahead for more than 80 people to pursue a US-style class action compensation claim against the manufacturers of a surgical mesh.

Following an earlier hearing at the Court of Session in Edinburgh, Lady Haldane gave permission for the group proceedings against Covidien LP.

Those involved all had treatment for hernias using mesh products made by the firm.

Lawyers for Covidien previously opposed permission for the group proceedings to be be brought.

The firm's advocate Astrid Smart KC told the court that the claims were too diverse to be dealt with as a group action.

She said there were differences in the type of the mesh products used, in the type of hernias and the specific medical circumstances of each of the cases.

However, in the judgement published on Friday, Lady Haldane rejected her arguments.

The judge said the legal test, which needed to be applied at this stage of the process, was not to study each individual claim but to assess whether the cases raised issues that were the same, similar or related.

She added: "On the question of commonality, the statutory test is whether the proposed proceedings raise issues that are the same as, or similar, or related to each other.

"The issues are not identical, that much is true. The group members had a variety of mesh products implanted to treat various types of hernia.

"The common factor is that all were manufactured by the respondent."

Lady Haldane said the case, which has been brought by 84 patients, would examine whether the company was negligent.

The judgement does not determine whether Covidien was negligent or whether any of its products were defective.

The judgement also does not establish whether any member of the group is entitled to damages.

Those issues will be decided at a later stage.