DePuy Recall in Ireland

The DePuy Recall in Ireland has affected thousands of hip replacement recipients and caused considerable mental anxiety over potential system toxicity from metal on metal hip implants. Whether or not you have a DePuy metal on metal hip device, or irrespective of whether you hip device has already failed and you have undergone revision surgery, you should speak with one of our professional and courteous solicitors to receive impartial and accurate legal advice about your entitlement to compensation due to the DePuy recall in Ireland.

DePuy Litigation Delayed a Further Two Weeks

Posted on: September 16th, 2013

The start of the faulty hip replacement DePuy litigation which was due to commence on September 9th has been delayed a further two weeks to allow additional time for the two parties to prepare.

The latest rescheduling of the first ‘bellwether’ trial was due to a late substitution of case; with the original plaintiff Faye Dorney-Madgitz being replaced by Ann McCracken for reasons which have not been made public.

Although Ann McCracken´s case was originally listed to be heard in August, U.S. District Judge David A. Katz found it appropriate to delay the start of the DePuy litigation in order give both parties more time for discovery and for the consideration of other legal matters.

The judge has already agreed with DePuy´s lawyers that the worldwide recall of the DePuy ASR XL Acetabular Hip Replacement System and the ASR Articular Surface Hip Replacement System should not be referred to in court, as Ann McCracken´s injury would have occurred irrespective of whether her DePuy hip replacement had been recalled or not.

Ann originally received a DePuy ASR metal-on-metal hip replacement system in August 2009 which had to be removed in January 2011 after metallosis from the faulty medical device caused damage to the soft tissue around her hip and resulted in a painful hip dislocation.

The primary purpose of Ann´s trial – and the other ‘Bellwether’ DePuy litigation still to be scheduled – is to evaluate the strengths and weaknesses of the plaintiff´s cases and how the juries in each ‘Bellwether’ trial respond to them.

If verdicts are delivered in favour of the plaintiffs – and benchmarks are established for the value of DePuy hip replacement compensation settlements – DePuy would be expected to make offers of settlement for the remaining 7,800 DePuy injury compensation claims which are attached to the existing DePuy litigation.

Should it not be possible to calculate future settlements because of irregular awards of compensation in the `Bellwether` DePuy litigation, the outstanding claims (all 7,800 of them) would be returned to the U.S. District Courts in which they were filed to be heard individually.

This would have serious consequences for claims for DePuy personal injury compensation in Ireland, which would then each have to go through a court hearing before they could be resolved.

Annual Report Reveals Awareness of Right to Claim Personal Injury Compensation

Posted on: April 2nd, 2013

The Injuries Board Annual Report for 2012 has revealed a greater awareness of an injured party´s right to claim personal injury compensation when they have been hurt in an accident which was not their fault.

The report, which has been published on the web site, showed that applications for the assessment of personal injury claims in Ireland submitted to the Injuries Board had risen 4.7 percent in 2012 to 28,962 (excluding claims for DePuy Hip Replacement Compensation); mostly influenced by a significant rise in the number of personal injury claims for compensation following a road traffic accident (up 6.7 percent on 2011).

Just less than 35 percent of the assessments made by the Injuries Board were accepted by plaintiffs as acceptable (10,136) with the average settlement value being €21,502 and 75 percent of those being for road traffic injury compensation claims. Injuries at work accounted for 8 percent of accepted Injuries Board assessments, while people injured in a place of public access made up the remainder of those exercising their right to claim personal injury compensation.

In a press statement accompanying the release of the 2012 Annual Report, Patricia Byron – CEO of the Injuries Board – commented on the greater awareness of an injured party´s right to claim personal injury compensation by saying “The steady but consistent increase in claims volumes over the past five years is a real concern at a time when our roads have never been safer and we have fewer people at work”.

Ms Byron also expressed her fears that there was an “emerging claims culture” which, she hoped, would be addressed in the forthcoming Legal Services Bill, which is due to be introduced this coming summer by Justice Minister Alan Shatter.

DePuy Hip Replacement Personal Injury Claim Resolved in Court

Posted on: March 8th, 2013

The first DePuy hip replacement personal injury claim to be heard in court has resulted in an award of $8.3 million being made to a former prison officer.

The claim made by a South Dakota resident – Loren Kransky (65) – was brought forward ahead of the Multi District Litigation (MDL) due to be heard in May in Ohio, as Loren is terminally ill from diabetes, heart disease and kidney cancer.

Loren´s solicitors at the Los Angeles Superior Court claimed that Loren had to undergo a second hip replacement operation – causing him unnecessary pain and suffering – due to high levels of chromium and cobalt in his bloodstream caused by the metal-on-metal friction within his DePuy ASR XL Acetabular hip replacement system.

The solicitors claimed that Johnson and Johnson – the parent company of DePuy Orthopaedics – marketed the faulty hip replacement in full knowledge that the ASR systems were defective; effectively accusing the company of fraud in addition to negligence – which, had the jury agreed with the argument, would have entitled Loren to qualify for significant punitive damages.

Johnson and Johnson denied that they knew the ASR hip replacements were faulty in 2007 – the year in which Loren underwent his original hip replacement surgery – and contested Loren´s claim for DePuy hip replacement personal injury compensation on the grounds that his pain and suffering was due to his pre-existing medical conditions.

After lengthy deliberations, the jury at the Los Angeles Superior Court found that Johnson and Johnson had not acted “with malice” by fraudulently marketing their product in 2007, but agreed that the product was defective and awarded Loren $8 million in settlement of his DePuy hip replacement personal injury claim, with a further $338,000 to account for the medical expenses he has incurred to date.

Johnson and Johnson announced immediately after that the company intends to appeal the jury´s decision, as the precedent of an $8 million settlement in compensation for pain and suffering could be greatly used as a basis to determine levels of compensation for plaintiffs who do not have a terminal illness when the DePuy MDL action is heard in Ohio.

Notices to be Served Against DePuy in High Court Action

Posted on: October 18th, 2012

Mr Justice Michael Peart has given permission for notices to be served on DePuy Orthopaedics Inc and others as the first High Court action against the company responsible for thousands of faulty hip replacement systems in Ireland begins to take shape.

The serving of preliminary notices only informs DePuy Orthopaedics Inc., DePuy Inc., DePuy International Ltd and parent company Johnson and Johnson that a case is to be heard against them in Ireland, but is a necessary point of law as the primary defendant and its subsidiaries are not incorporated in Ireland and normally outside of Irish jurisdiction.

Once notices of the case are served, solicitors acting on behalf of the claimant –  Irene Pierson  of Navan, County Meath  – will then be able to serve notice of proceedings when a court date is confirmed on the four overseas defendants, plus Johnson and Johnson (Ireland) Ltd and the Health Service Executive.

Before permission for the notices to be served was granted, Mr Justice Michael Peart heard how Ms Pierson had received a DePuy Orthopaedics hip implant at the Navan General Hospital for her right hip in March 2007 and had returned to the hospital in September 2008 to have a DePuy Orthopaedics hip replacement system implanted in her right hip.

In her claim for compensation, Ms Pierson alleges that she entered into a contract with the Health Service Executive for two hip replacements which were not of merchantable quality and which have both started to malfunction. In support of her claim, Ms Pierson´s solicitors provided a letter she had received in October 2010 informing her of the worldwide recall of DePuy hip replacement systems. It is claimed in the action that the six named defendants have all acted in breach of contract.

Ms Pierson´s claim for compensation against DePuy Orthopaedics is the first of 605 which have been authorised by the Injuries Board for court action in Ireland since the worldwide recall of the DePuy ASR Hip Replacement Systems was announced in August 2010. The first court cases in America against DePuy Orthopaedics have already been scheduled for January 2013.

Injuries Board Makes Interim 2012 Report

Posted on: September 28th, 2012

An interim report from the Injuries Board has shown an increase of 4.1 percent in the number of personal injury claims in Ireland submitted to the authority for assessment.

In the first six months of 2012, the Injuries Board received 14,669 applications for assessment – the majority of which were for traffic accident claims (59.4 percent) with the remainder comprised of public liability claims (27.2 percent) and work injury claims (13.4 percent).

Although fears of an anticipated spike in personal injury claims in Ireland due to the “recessionary environment” did not materialise, the Chief Executive of – Patricia Byron – noted that there had been a tendency for more claimants to pursue lower value claims.

She also acknowledged that information on the Internet had also had an impact on the number of personal injury claims in Ireland – an indication that people in Ireland are becoming more aware of their rights to claim personal injury compensation when they have been injured in an accident for which they were not to blame.

The proportion of Injury Board assessments which were accepted by claimants and respondents remained steady at approximately 35 percent, while there was a slight decrease in the average value of Injuries Board assessments – from 21,086 Euros in 2011 to 21,049 Euros during the first six months of 2012 – which was attributable to a slightly lower volume of work injury claims.

Ms Byron also highlighted that there had been an increase in issue-specific applications for assessment which the Injuries Board were unable to process – most notably individual applications submitted by members of the Irish Thalidomide Association and those making DePuy compensation claims after the recall of the faulty metal-on-metal hip replacements.

Commenting on these two issue-specific cases, Ms Byron said “Currently when multiple issue-specific claims first arise, is obliged to release these cases to the Courts until a compensation benchmark has been established. As litigation costs typically add over 50% to the cost of underlying awards this can mean additional costs of €500,000 per €1million in awards, even in circumstances where liability is not in dispute. Assessing these cases through a non adversarial process, such as, could result in substantial savings.”

This is an Information site only – if you feel you have a potential claim, you should discuss your situation with a solicitor registered with the Law Society of Ireland.