What is the issue? In August 2010, Depuy, a US conglomerate, owned by Johnson & Johnson “recalled” some of its medical products. The recall included the Depuy ASR XL Acetabular System, a type of artificial human hip. These hips are fitted to consumers in the course of major surgery in hospitals. The recall was of the unused products; the used products were in patients. In fact, many of the hips were failing early and the patients were undergoing early, avoidable, […]
Every six months or so, the Injuries Board issues a press release. These follow a fairly standard formula. The board praises itself for saving notional sums of fantasy money. It castigates dastardly solicitors for representing clients, even though the Constitution guarantees clients that right. It darkly suggests- without providing any evidence- that only its constant vigilance prevents dishonest claims from running riot. And then, because it probably knows that this sort of thing isn’t much of a hook on which to hang […]
This is a reference guide to help people with defective Metal-On-Metal hip implants, specifically the recalled DePuy ASR XL Acetabular System. It deals with the information to give to your doctor that he/she needs to make a full assessment of your needs. Tell your doctor if you are having any pain or discomfort. Tell your doctor if you’ve noticed any changes in your hip(s) or your gait. Tell your doctor if you have noticed any stiffness or resistance in the […]
The main problem with defective DePuy hips is the design failure. The hip will fail mechanically. This is a serious matter. Instead of ease of movement, the hip will hinder movement. Movement will be painful, probably noisy, and anything but smooth.
It is essential to know that the Injuries Board has no role in the DePuy hip scandal. If a victim lodges an application to the Injuries Board, it is a mistake. The Injuries Board will, in due course, reject it. Worse than that, time will continue to run against the plaintiff while the application is being made and considered. In short, it is a waste of valuable and scarce time.
That’s the theory; but, if there are no lawyers in DEPUYLAND, who is to alert the patients to the existence of their right to make a claim?
A plaintiff must prove the defect and damage. The fact of the DePuy “recall” is useful to prove the defect, but it would be necessary to engage an expert in the issue. The damage would vary from case to case, but it is difficult to see how any plaintiff with a DePuy hip would avoid ex-plantation before the expiration of the expected use life of the hips, 10 to 15 years.
Calculate, with the solicitor, the various periods of limitations for the various heads of claim. They are; 2 years for a claim under the Liability for Defective Products Act; 6 years for breach of contract; 2 years for negligence resulting in personal injury. Two or more of these periods are coming to an end. This is a crisis for victims who have not issued proceedings.