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Faulty DePuy Hip Implants: How to litigate the issue

A) Hire a solicitor. Give all your information to him/her. The important information is; the date of the hip implantation; the date you were notified you had a DePuy hip; the date you learned it was defective, if that date was different.; the identity of the surgeon who fitted the hip; the hospital where it was fitted; the price you paid for the operation and the method of payment.

B) Get a medical report confirming your injury, or your prospective injury. (The solicitor does this.)

C) Get a medical report confirming the negligence of the surgeon and the hospital and an opinion on the behaviour of DePuy. (The solicitor does this.)

D) Discuss the heads of claim and the identities of the proposed defendants with the solicitor. The defendants will be; DuPuy; the Hospital; the HSE, possibly; the surgeon, possibly;

E) The heads of claim will be; Liability for defective product. (DePuy is liable on this head); Breach of Contract. (The hospital and the surgeon and the HSE are liable on this head of claim); Negligence. (DePuy and the hospital and the surgeon are liable under this head);

F) Calculate, with the solicitor, the various periods of limitations for the various heads of claim. They are; 3 years for a claim under the Liability for Defective Products Act (never exceeding 10 years); 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.

G) (From the perspective of a lawyer planning the production of evidence, proving breach of contract is the easiest claim to prove. The other heads of claim offer creative possibilities to defence lawyers.)

H) Decide, with the solicitor, to issue proceedings immediately to stop time running. Seek leave of the High Court to issue proceedings against the DePuy entity that manufactured the defective hip product/s. (That entity is in the USA. To litigate a claim against it here requires leave of the High Court.)

I) Issue the proceedings and serve them, or notice of them, on the defendants.

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