Byrne Carolan Cunningham Solicitors

Finding the Right Solution


DePuy Hip Recall*

De-PuyIf you or a loved one has received a hip implant recently or since 2004, and have experienced pain, swelling, or problems walking, you may want to consult your doctor to verify the device used.

Byrne Carolan Cunningham Solicitors are currently representing individuals adversely affected following upon their having been fitted with the De Puy ASR System in their hip replacement surgery. On 26th August 2010 De Puy Orthopaedics Incorporated recalled two hip replacement systems namely the De Puy ASR Hip Resurfacing System and the ASR XL Acetabular System.

De Puy advised that the information made available to them showed five years after the hip replacement/revision surgery approximately 12% of patients who had received the ASR Resurfacing System and 13% of patients who had the ASR hip replacement needed a second or revision surgery. Common complaints include infections, fractures, dislocations, metal sensitivity and difficulty walking.

It is estimated that up to 3,500 patients in the Republic of Ireland may be affected, they may have received the implant since the product first went on the Irish market in 2004. Based on these figures it is believed that possibly in the region of 400 Irish patients could require corrective procedures including repeat surgery to resolve the difficulties. It is however noted that corrective hip surgery is a more complicated procedure, more costly and on occasions less satisfactory than the initial operation.

YOUR LEGAL POSITION:

a) Every patient who has received a faulty device manufactured by De Puy has a potential claim as against the manufacturer and the distributor of the implant. It is understood that medical databases are currently being examined in Ireland for patients who received the implants in question and hereafter reviews with hospital visits and consultations may follow to decide the best course of action.

b) The Health Service Executive have notified staff including surgeons in all of the hospitals where Orthopaedic Surgery takes place advising that this product should not be used in any hip replacement surgery with immediate effect. Furthermore the HSE is currently attempting to identify any patients who may have received the device and all relevant patients will be contacted in due course.

COMPENSATION

De Puy have stated they will pay for the costs of doctors visits, the costs of tests and medical operations associated with the recall however to date no offer whatsoever has been made to compensate affected individuals in respect of the anxiety and obvious pain and suffering arising from the defective hip replacement.

WHAT DO I DO NEXT?

If you have undergone a hip replacement operation involving either one of the devices mentioned above you may be entitled to claim compensation in respect of all your expenses and indeed your stress, pain and suffering. YOU SHOULD NOT UNDER ANY CIRCUMSTANCES sign any “consent” or “information release” forms from De Puy Orthopaedics Incorporated until you have consulted this Firm.

STRICT TIME LIMITS APPLY

There are very specific time limits in relation to the pursuit of a claim of this nature and as such it is VERY IMPORTANT that you immediately contact this office if this matter relates to you.

HOW MUCH WILL THIS COST ME?

Byrne Carolan Cunningham Solicitors who have a long history of pursuing multiple litigation actions will take initial instructions from you, investigate matters on your behalf and thereafter advise you as to whether you have the basis of a claim. There is no fee for this initial investigating process.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

What to do next?

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