Print this page

DEPUY HIP REPLACEMENTS

Patients who have had a hip replacement manufactured by DePuy, where a faulty artificial hip device has been used, face the possibility of undergoing revision surgery for the purposes of replacing the artificial hip.

The HSE has written to all Hospital Orthopaedic Units requesting that they withdraw or recall all DePuy ASR™ hip implants. This notice is part of a worldwide withdrawal of the hip replacement product. It has been estimated by the HSE that 3,500 persons received this product in Ireland.

In the United States DePuy (a division of Johnson & Johnson which is a leading pharmaceutical company with very significant commercial interests) said that recent data on its ASR™ XL Acetabular System and the ASR™ Hip Resurfacing System showed an increase in the number of people who have had a second hip replacement surgery, also called a 'revision' surgery.

The company said that the information showed that, 5 years after implantation, approximately 12% of patients, i.e. 1 in 8 patients, who had received the ASR™ Resurfacing device and 13% of patients who had the ASR™ total hip replacement needed a second or revision surgery.

The problems that have resulted from such hip implants included, but were not confined to, pain, swelling, problems with walking, etc.

As a consequence of these difficulties with such a faulty artificial hip replacement device, a look-back review has commenced in Ireland to trace all recipients of such faulty hip devices and to undertake appropriate risk assessments to see which patients may require additional surgery to address any problems.

It should be noted that corrective hip revision surgery will be much more complicated and more costly than primary surgery as Surgeons have less bone with which to work and, in addition, much more scar tissue to traverse during the process.

Legal Issues

1.Each person who has received a faulty artificial hip device, manufactured by DePuy, has a potential action or claim against such a manufacturer and also the distributor of such a hip implant product.

2.DePuy have requested that persons or patients who availed of a DePuy ASR™ Hip Resurfacing System and ASR™ XL Acetabular System should complete a form allowing DePuy to have access to all their medical records and deliver the ex-implanted ASR™ product component, i.e. the removed faulty hip replacement.

Under no circumstances should that form be completed. If any proceedings are contemplated against DePuy then the detail that DePuy is seeking, i.e. the ex-implanted faulty hip replacement, will be required for Court proceedings.

3.If, after the risk assessment by your Consultant Orthopaedic Surgeon, it is indicated to you that you may require a revision hip replacement then you should consult your Solicitor. It should be noted that there are strict limitation periods, based upon active or constructive knowledge, associated with negligence actions, breach of contract actions and Liability for Defective Product Act claims. In short, different limitation periods apply to each of the foregoing heads of claim, all of which may apply to a Defective Device action. This is a complex area of law upon which precise legal advice should be obtained. It should be noted that, if you fail to institute proceedings within the appropriate limitation period, you will lose any entitlement that may exist to advance a successful Defective Device claim. In short, obtain professional legal advice as soon as is practicable.

Conclusion
At Malcomson Law we have, over a period of 20 years, been involved in various class claim actions, both in Ireland and in other jurisdictions, arising out of defective products including blood products, pharmaceutical products and medical devices. In that regard, we are very familiar with the principles that are required for the purpose of advancing such defective product litigation. It should be noted that this litigation is extremely complex, difficult to advance.

Raymond Bradley, Managing Partner of Malcomson Law on RTE News, click here to view.

If you are affected by the circumstances surrounding the consequences of the withdrawal of a faulty DePuy hip replacement implant/defective device then please feel free to contact Malcomson Law at (01) 8744422 or complete an Online Enquiry Form.

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.