Kiwi Victims of Failed Hip Implants File Proceedings

Kiwi Victims of Failed Hip Implants File Proceedings Against UK Manufacturer

Patients who received harmful ASR metal-on-metal hip implants are taking legal action against transnational surgical manufacturer DePuy International, which recalled the product only after it had been put in around 400 New Zealanders.

20 New Zealand based claimants - the ASR victims - are seeking compensation for bodily injury including metal poisoning and for financial losses, such as loss of earnings and the cost of care, as well as exemplary damages. An Australian Senate committee reported in November 2011 that it “was shocked by the intolerable, and unacceptable, experiences of patients who received the DePuy hip and hip resurfacing system”.

Some of the recipients have been left with lifetime permanent disabilities. DePuy, a global subsidiary of Johnson and Johnson, has paid for the claimants’ revision surgery, to replace the ASR joints with safe implants, and some of the claimants’ out of pocket expenses, but has refused to pay compensation that meets the recipients’ major losses.

In litigation overseas DePuy has argued that New Zealanders cannot sue it because the ACC regime prevents victims suing for compensation. However, DePuy’s actions in designing and manufacturing the ASR implants took place outside New Zealand, and DePuy has not contributed to the ACC scheme by paying levies or taxes in New Zealand. This case will test whether the ACC bar applies where harm is caused to a New Zealander by the conduct of a foreign company outside New Zealand.

The group is encouraging anyone else who had a faulty hip replacement to join their legal action.

They are being represented by Liesle Theron, a partner at Meredith Connell, and David Goddard QC.

Patients who were implanted with DePuy's ASR XL Acetabular System or ASR Hip Resurfacing System who would like more information or to join the claim should contact the ASR victims group through their lawyers, Meredith Connell on hips@mc.co.nz or 04 914 0530.

ENDS

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