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DePuy Hip Litigation

Patients who have received defective hip replacements are currently attending Malcomson Law for the purpose of inital interview. These interviews comprise, in general, discussion upon the follwing issues:

Patients who have received defective hip replacements are currently attending Malcomson Law for the purpose of initial interview. These interviews comprise, in general, discussion upon the following issues:

1. The nature and extent of the problems that have materialised from the original DePuy Hip Implant.

2. The location of all medical records, scans, x-rays and blood test results.

3. Procedures for the retention of any excised hip implant as part of any hip revision process contemplated.

4. Advice in relation to appropriate time limitation periods, i.e. periods when any claim that may exist will become time barred or statute barred in circumstances where the entitlement to proceed with a civil action could be lost.

5. The identity of witnesses who will be engaged for the purposes of undertaking independent evaluation of the excised hip implant/patient's medical records.

6. The risk of advancing civil litigation in the Irish jurisdiction, including issues of legal costs.

7. What is happening in other jurisdictions?

8. The quantification of losses associated with care costs, loss of earnings, loss of pension entitlements, etc.

9. The preservation of the excised hip implant in circumstances of a hip revision so that same will be available for future testing by relevant experts.

10. A plethora of other issues that are particular to the individual circumstances of the patient/client. Each and every person has unique consequences that arise from receipt of a defective hip implant which require a specific and appropriate response to that particular issue.

At Malcomson Law, the process of interviewing, collecting and collating medical records, etc, is ongoing for the purposes of representing our clients' interest.

In addition, we have liaised with the HSE for the purposes of seeking to achieve a situation where appropriate procedures were implemented to protect our client's interests.

There are certain situations that are now becoming apparent, including the following;

1. Many persons are indicating that they have been suffering ongoing pain arising out of the potential receipt of a defective hip implant.

2. Many persons have experienced adverse blood test results that are suggestive of metalosis.

3. It is clear that a significant proportion of recipients of DePuy Orthopaedics ASR Total Hip Replacement, or the ASR Hip Resurfacing System, will find themselves in a situation where their hip implant is likely to fail in the coming five year time period. The statistical detail that is becoming apparent far exceeds what was originally envisaged. At our conference in January 2011, detail, arising from research, became available suggestive that up to 60% of hip implants would fail within a 5/6 year time period.

Also, it is now becoming apparent that many DePuy Hip Implant recipients do not realise or appreciate the full implications associated with receipt of a potentially defective hip implant, i.e. that future surgical intervention may be required.

Many people have not appreciated, or fail to appreciate in an appropriate manner, the strictness associated with the Statute of Limitations or the necessity to protect their legal entitlements within a defined time period. In other words, many people will lose their legal entitlements if they fail to act in a proper, proactive and effective manner to protect their position by instructing a Solicitor to do so. Such people do not appreciate the potential future costs that may be incurred by them arising out of the receipt of such a potential defective hip implant.

In those circumstances, it is clear that a minority of persons have moved in an effective way to protect their position by obtaining appropriate legal advice.

This news section contains stories of interest from publicly available news sources. Where we are representing the clients referred to in the news material we will say so. Where we do not represent individuals or bodies mentioned or quoted, the inclusion of the news story in our news section is not intended nor should it be taken to imply that we act for the individual or body concerned.