Deadline Set for ASR Hip Implant Victims to Join Proceedings

MEDIA RELEASE
5 APRIL 2016

Deadline Set for ASR Hip Implant Victims to Join Proceedings

Patients who received faulty ASR metal-on-metal hip implants have until 16 September 2016 to join the New Zealand proceeding against the manufacturer, DePuy, according to orders made by the High Court at Wellington. As of today 26 claimants have signed up to the claim.

A hearing has been scheduled for 21-22 September 2016 to determine preliminary questions, including whether the ACC bar applies where harm is caused to a New Zealander by the conduct of a foreign company outside New Zealand. In litigation overseas DePuy has argued that the ACC regime prevents New Zealand 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.

The New Zealand based claimants 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.

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.

On 31 March 2016, the settlement of the Australian class action against DePuy was announced. That case has settled for $250 million after a 17 week trial in the Federal Court last year.

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.

© Scoop Media