Posted in Medical Negligence on 09 December 2016

The first judgment from the Irish Courts against the hip implant manufacturer DePuy International was handed down in November 2016 by Mr Justice Kevin Cross.

This was the first case to run the full duration and the victim, Mrs Gillian O Sullivan was awarded a sum of €704,000 by the High Court for her severe injuries due to the DePuy ASR device.  It is a welcome development to see victims of this recalled device at last being adequately compensated for their injuries. 

We at Cantillons represent a number of clients in litigation against DePuy and have seen first-hand the injuries and disruption caused by these recalled DePuy ASR hip devices.  Many victims have required at least one revision surgery and due to the damage caused face further more complex revision surgeries.  Whilst Mrs O’Sullivan’s injuries were at the more severe end of the scale, many victims suffer from continuing and debilitating symptoms – in various degrees but many of considerable severity. 
In addition to daily disruption to mobility and lifestyle, a large number find themselves unable to work or enjoy previous hobbies.  In addition to the need for regular orthopaedic review and blood monitoring, victims face the prospect of further complex revision surgery and fear the potential adverse effects from raised metal ion levels.  

This Court award demonstrates that the Irish Courts acknowledge the pain and suffering endured by these victims, the poor future prognosis for their health and in general the adverse impact these recalled hip devices have had on their personal and working lives.

An alternative dispute resolution (ADR) process was put in place by the Courts in late 2015.  This means that any person seeking compensation on foot of being fitted with the recalled DePuy ASR hip resurfacing device or DePuy ASR XL total hip replacement implants must now pursue their case through this process in the first instance.  If a settlement is not agreed through this process, the claimant can then pursue their claim through the courts.  We at Cantillons Solicitors have experience at advising clients regarding the ADR process and the DePuy hip litigation and would be happy to advise and assist regarding this process.

We stress that legal time limits are looming in respect of these DePuy ASR claims.  Maybe people may well already be out of time to bring proceedings or to enter the ADR scheme, however each person’s circumstances are unique and the deadlines do vary.  We urge anyone who has any questions about the possibility of bringing a claim to contact a Solicitor without delay.

Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or info@cantillons.com if you would like more information.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement.


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