The key finding by the court in the Childrens Resource Centre Trust and other v Pioneer Foods 2013 (2) SA 213 (SCA) (the “Childrens Resource Centre Trust case”), was that it was appropriate to require the courts to first certify that a matter could proceed by way of a class action proceedings before summons could be issued. In seeking certification from the High Court, RH Lawyers Inc. (“RHL”) are required to place before the court an application, with draft pleadings and affidavits attached, setting out the basis for the proposed class action (the “Certification Application”).
Once the court has certified that the matter may proceed by way of class action, RHL are then able to finally approach the High Court to launch class action proceedings against Johnson & Johnson, Coloplast and various other associated manufacturers and distributors of pelvic mesh. Willis JA in the Childrens Resource Centre Trust case stated that “Class actions are a particularly appropriate way in which to vindicate some types of constitutional rights, but they are equally useful in the context of mass personal injury cases of consumer litigation”.
Once the proposed class action has been certified by the High Court, RHL will publish a notice informing potential class members of the details of the class action as well as which individuals constitute a “class member”. A person who fits the definition of a “class member” will be bound by the result of the class action as if they had started the proceeding themselves unless they have opted out of the proceedings. The High Court will determine a date by which class members can opt out of the class action, and this date will be included in the notice published by RHL.
Those class members that do not opt out, will be able to submit their claim for compensation upon the class action being successful or in the event of a settlement being reached.
If you or a loved one has suffered adverse complications after receiving a transvaginal mesh implant or undergoing revision surgery to remove mesh, contact RH Lawyers as soon as possible by visiting www.meshclassaction.co.za, or via the methods listed below:
Emailing: info@rhlawyers.co.za;
Calling 087 188 2698; or
Sending a please call me or WhatsApp to 062 973 9224”
