Kranz v Astora Women's Health LLC
[2022] QSC 203 · Freeburn J
Belinda Kranz had a pelvic mesh device surgically implanted in 2016 and removed in 2018. She was originally part of a Federal Court class action against the United States manufacturer Astora Women's Health over the mesh, but after learning she would receive very little from a proposed settlement she opted out to pursue her own claim. Her personal injury claim faced several obstacles: she had not completed the pre-court steps required by Queensland law, her limitation period was about to expire, the company was overseas and hard to serve, and Astora had entered bankruptcy in the United States. Kranz asked the court for urgent permission to start her claim despite not finishing the pre-court steps. The company did not appear at the hearing, though it had received notice. The court allowed the hearing to go ahead without the company present and granted permission for Kranz to start her claim, which would then be immediately paused. This decision did not resolve her injury claim, it only kept the door open for it.
Incident & injury
Personal injuries arising from the surgical implantation of an allegedly faulty pelvic mesh device (inserted 31 March 2016, removed 17 December 2018)
- Body regions
- Abdomen / pelvis, Pelvic
- Diagnoses
- Pelvic mesh device complications
- Incident date
- 31 March 2016
- Location
- Queensland
Quick facts
- Date of judgment
- 23 September 2022
- Claim type
- PIPA Medical Negligence
- Proceeding
- Interlocutory
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Not stated
Outcome
The court granted the plaintiff leave under s 43 of the Personal Injuries Proceedings Act 2002 (Qld) to start a proceeding for personal injury damages despite non-compliance with PIPA pre-court procedures, being satisfied there was an urgent need given the imminent expiry of an extended limitation period. Any proceeding so commenced would be immediately stayed by operation of s 43(3). Costs were reserved.
Defendant
1 Astora Women's Health LLC
Product manufacturer/successor (pelvic mesh)
- Judgment against this defendant
- $0
Key issues
Kranz v Astora Women's Health LLC [2022] QSC 203
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