DePuy Hip Recall, Ireland
The HSE announced on 30th August 2010 that 3,500 patients who have had hip operations may need corrective procedures, including repeat surgery, following the recall of widely used hip implants (DePuy Hip Recall, Ireland).
The artificial hips were recalled on 26th August 2010 by its manufacturer DePuy Orthopaedics, a unit of Johnson & Johnson. DePuy’s implants are what are commonly called metal-on-metal devices and were used in hip resurfacing, a practice aimed at younger and more active patients.
Problems have arisen with two devices, the ASR XL Acetabular System and the DePuy ASR Hip Resurfacing System, which were discontinued last year. It is estimated that about 93,000 people globally use the DePuy hip devices.
UK data shows that up to 13 per cent of patients with these implants required a replacement hip within 5 years of their initial operation. It is anticipated that more than 400 Irish patients could require corrective procedures to remedy the hip problems experienced with these DePuy products.
From the information available Lavelle Coleman are of the view that the responsibility for this problem rests with the manufacturer of the product, DePuy, and not with the medical teams that implanted the devices in good faith.
It appears that what is happening with these hip implants is that metal particles are being released from other metals when they rub off each other, which in turn causes inflammation and can have severe side affects, including the complete breakdown of the hip joint.
International reports suggest that when metal particles are responsible, the procedures needed to replace the hip devices can be far more complex and can leave some patients with lasting complications.
Court proceedings have already been issued in the United States against DePuy. Lavelle Coleman is currently advising individuals who suspect that they may have received one of these metal-on-metal hip implants.
Your Rights
If you have received an artificial hip device manufactured by DePuy, you may have a right to receive damages against the manufacturer and distributor.
De Puy have circulated a Patient Consent Form to those who received an ‘ASR Products’ (ie the De Puy ASR Hip Resurfacing System and ASR XL Acetabular System), which if completed will authorise DePuy to have access to all of the person’s medical records as well as having authority to carry out tests on the ex-planted ASR product components.
**Please be advised that this form should not be completed under any circumstances**
In the event that an action is contemplated against De Puy, it is essential that all medical records and ASR product components are available during Court proceedings.
Please also note that strict limitation periods will apply, based upon active or constructive knowledge, associated with negligence actions, breach of contract actions and liability for Defective Product Act claims.
Different limitation periods are enforceable in respect of each of the foregoing heads of claim, all of which may apply to a Defective Device action.
Due to the complexity of this area of law, it is imperative that you seek legal advice as soon as is possible. Failure to institute proceedings within the appropriate limitation periods could hinder your entitlement to advance a successful Defective Device claim.
If after the risk assessment by your Consultant Orthopedic Surgeon you are still concerned, we are happy discuss matters with you in confidence. Please contact Lavelle Coleman’s dedicated Product Liability Solicitors who will review your case and discuss your options with you.
Contact Us: