Sheena McKie

Clayton Utz
Special Counsel Sydney

Recognised as a Rising Star in Product Liability

– Rising Stars Awards Asia-Pacific, IFLR

Overview

Sheena is an experienced commercial litigator, having advised on some of Australia's most high-profile, large-scale class actions, complex commercial and product liability litigation. She has a broad-ranging regulatory and advisory practice relating to all types of products, with a particular focus on the healthcare and life sciences sector, involving pharmaceutical and medical devices.

Notable Work
  • Johnson & Johnson Medical Pty Ltd, Ethicon Sàrl and Ethicon, Inc.: acts in two class actions in the Federal Court concerning pelvic mesh medical devices.
  • Philips Electronics Australia Ltd and Philips RS North America LLC: acts in a class action relating to named CPAP and BiPAP devices for the treatment of sleep apnoea, which are also the subject of a global recall, which began in mid-2021, and associated regulatory investigations.
  • Jaguar Land Rover Australia Pty Ltd: acts in a class action about the diesel particulate filters in diesel combustion engines.
  • Volkswagen Group Australia Pty Ltd: acted successfully in a class action relating to the Takata airbag recall (affirmed on appeal).
  • App platform: acting in class action proceedings commenced on behalf of consumers and developers seeking compensation arising from alleged overpayments on in-app purchases.
  • Merck & Co., Inc. and Merck Sharp & Dohme (Australia) Pty Limited: acted successfully in a class action in the Federal Court concerning VIOXX, a prescription medicine.
  • Novartis Pharmaceuticals Australia Pty Ltd: acted in litigation against the Department of Health over the Minister's refusal to exercise discretion to reverse a price reduction.
  • Local and international companies: advises about strategy and legal issues relating to pricing and reimbursement for pharmaceutical products, specifically the Pharmaceutical Benefits Scheme and regulatory pricing frameworks.
  • Australian and overseas clients: acts in product regulatory, product safety and recall issues under the Australian Consumer Law, including regulatory liaison and recall implementation for products including therapeutic goods (medicines and medical devices), animal health products, food, cosmetics and other consumer goods, and novel products.
  • Local and international companies: advises on how to address class action risk in the context of corporate mergers and acquisitions.
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