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Tagged: Negligence

Injured? What to do.

Accidents are confusing. Meeting the unexpected (or just the unwelcome) is disturbing. Many personal injury victims have difficulty orienting themselves after an accident. For some, the difficulties are greater than others. Some accidents are more unexpected than others. Road accidents are relatively common, whereas to be hit by an object falling from a defective building is very unusual.

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What is wrong with DePuy hips?

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.

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DePuy litigation

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.

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PIP: A Mind Map

Why did such a doctor not read, presumably, a leading professional journal in his/her specialised field?

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The DePuy hip scandal; Your questions answered

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.

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Faulty DePuy Hip Implants: How to litigate the issue

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.

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Faulty PIP breast implants: The Time Problem

What are the actual relevant dates from which time is running?
For negligence claims the date is the date the woman received a letter from the clinic informing her she had PIP breast implants. For breach of contract claims the date is the day of the operation fitting the implants.

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The Injuries Board – some Questions and Answers

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 […]

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Independent Contractors

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.

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Compensation Culture

The Irish State has a very poor record in defending the constitutional right to compensation for personal injury.

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