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.
1. I have been injured; will the person who injured me, or his/her insurance company, hasten to fully compensate me? No, they will not. This is human nature and also implied in the social arrangements under which we live. 2. Will the Injuries Board ensure that my interests are fully looked after? No, it will not. It has a limited focus. It only addresses one question; the level of compensation the injured person ought to get. It does little to […]
This means that confusion as to who is or is not an employee need not deprive an injured person from securing proper compensation when injured in a workplace.
The Irish State has a very poor record in defending the constitutional right to compensation for personal injury.
Sometimes, counsel’s opinion is just plain wrong. Of course, sometimes clients get what they insist on having.
Once again, the remedy for such social ills is to hand; introduce forms of proceedings in court called Multi-Party Actions.
If a respondent is still trading (not in liquidation) it is open to the claimant to take the claim to arbitration with some prospect of making a recovery.