News Archive

Update on DePuy Hip Cases

In August 2010 DepPuy Othopaedic’s recalled their ASRXL and ASR Hip Implants. Some patients with such type of metal on metal hip implants have suffered early wearing and loosening of the components of the implant, soft tissue damage and increased levels of cobalt and chromium ion levels in their blood.

In Ireland, over 1,000 patients have instituted High Court Proceedings in such circumstances.

Further to such volume of cases, in October 2015, a High Court Judge urged legal representatives involved in such cases to explore “innovative ways” of resolving such cases, as for the court to deal with each case individually would take years.

Consequently, the Irish ASR Hip Alternative Dispute Resolution (“ADR”) Process was approved by the High Court on December 16th 2015. This ADR Process is only available to patients who have underwent revision surgery in Ireland between 180 days and 10 years of the initial surgery.

For those, who are entitled to and wish to avail of the ADR Process their claims can be evaluated by a member of a panel of 10 Evaluators, comprising retired High Court and Supreme Court Judges and Senior Counsel with expertise in Personal Injury claims.

The cost of the Evaluator will be borne by DePuy and the claimants costs are paid by DePuy subject to certain conditions.

The Evaluator can issue, in writing, a non-binding evaluation. If it is not accepted by the claimant or DePuy the High Court case can proceed.

The introduction of the ADR Process is to be welcomed and will hopefully lead to an early resolution of these cases for claimants. However, the Process is not available to claimants who have not undergone revision surgery within 10 years of the original surgery, and claimants in such circumstances have no choice but to pursue High Court Proceedings.

If you require further information or advice in this area please contact Mary Cashin (This email address is being protected from spambots. You need JavaScript enabled to view it.) or Sheila Lynch (This email address is being protected from spambots. You need JavaScript enabled to view it.) or telephone us on 065 6840060.

Cashin & Associates Solicitors,
3 Francis Street, Ennis, Co. Clare, Ireland
Dublin Office: 64 Francis Street, Dublin 8
T: 00 353 65 6840060  F: 00 353 65 6840034