About the DePuy Hip Recall in Ireland
The DePuy hip recall in Ireland affected more than three thousand recipients of the ASR Articular Surface Hip Replacement System and the ASR XL Acetabular Hip Replacement System after the two metal on metal devices were found to have a “higher than expected” failure rate.
The high failure rate was attributed to the “wide head” of the device, which created a greater amount of friction within the metal ball, which in turn produced metallic debris that weakened the bone to which the DePuy hip replacement system was attached and the soft tissues surrounding it.
The subsequent failure of the devices lead to a high number of hip replacement patients having to undergo painful and complicated revision surgery and, following data from other countries confirming the high failure rate, a DePuy hip recall in Ireland was announced in August 2010.
Offer of Compensation for the DePuy Hip Recall
An offer of compensation for the DePuy hip recall was made by DePuy Orthopaedics in which patients having to undergo revision surgery would have any medical costs refunded together with non-medical costs in respect of travelling to and from appointments, necessary overnight accommodation, time taken off from work to attend appointments and surgery, and childcare if applicable.
The Health Service Executive were willing to accept the offer of compensation for the DePuy hip recall, as it meant that they would save millions of Euros in health costs. However, for the individual who had to undergo revision surgery, it meant that they would not be compensated for their pain and suffering, the deterioration in their quality of life due to a long recovery period and substantial loss of earnings if they were unable to return to work immediately after a painful and complicated operation.
Furthermore, in order to be eligible for the offer of DePuy hip recall compensation, claimants had surrender their explanted hip to DePuy Orthopaedics and relinquish their right to any further DePuy hip recall claims should their health continue to suffer after revision surgery. With the potential for cardiovascular, neurological and carcinogenic health complications, solicitors rightly advised their clients not to sign the DePuy consent form and make their own DePuy hip recall claims for compensation.
The Injuries Board Ireland and DePuy Hip Recall Claims
Despite DePuy Orthopaedics admitting their negligence in providing a faulty product in contravention of the Consumer Protection Act 2007, the Injuries Board will not entertain applications for assessment of DePuy hip recall claims.
This is primarily because DePuy Orthopaedics will not agree to any assessment of their liabilities beyond what they have already offered, and the Injuries Board would only have to send you an authorisation to pursue your claim through the courts when their assessment was declined.
As it may take over six months for DePuy Orthopaedics to contest an Injury Board´s assessment, and you only have two years in which to make a claim for DePuy hip recall compensation, it is in your best interests to contact a solicitor at the earliest possible opportunity.
The DePuy Hip Recall Claims Process in Ireland
In order to claim compensation for the DePuy hip recall, you must have undergone revision surgery or have revision surgery scheduled. A solicitor will compile the strongest possible claim on your behalf based on the extent and severity of your injury, your age, gender and general state of health prior to sustaining a hip implant injury and the physical and emotional consequences of sustaining an injury due to a faulty hip implant.
The claim for DePuy hip recall compensation will then be registered with DePuy Orthopaedic´s loss adjusters — a company called Broadspire with offices in Dublin — at which point you will be sent a medical mandate form requesting authorisation for DePuy Orthopaedics to access your medical records. This is necessary for DePuy Orthopaedics to determine the strength of your claim, however the form should be completed with the assistance of a solicitor to ensure that all sections relating to the surrender of the explanted hip and relinquishing of future claims are deleted.
Once the medical mandate form is returned to Broadspire, they will commence their own investigation into your claim for DePuy hip recall compensation and your solicitor will keep you informed with its progress. With a “higher than expected” failure rate of 13%, around five hundred people will be entitled to make DePuy hip recall claims in Ireland. Therefore, it may take a considerable period of time until your DePuy hip recall compensation claim is resolved.
Further Information on DePuy Hip Recalls Claims for Compensation
If you or somebody close to you has been diagnosed with an injury attributable to one of the recalled DePuy hip replacement systems, we invite you to discuss your entitlement to claim compensation for the DePuy hip recall with a solicitor on our freephone solicitor advice line. Calls to our advisory service are free, and you are under no obligation to proceed with a DePuy hip recall compensation claim once you have spoken with us.
Our service will give you the opportunity to have a complete assessment of your entitlement to compensation, in complete confidentiality and by a solicitor with experience of making DePuy hip recall claims. This will enable you to answer any questions you may have about the procedures for making a DePuy hip recall claim for compensation and find out how much compensation you may be entitled to receive.
The number to call is free advice telephone service – 1800 989 995 and our lines are open from 8.00am to 10.00pm, seven days a week. It may help you to write down a few of your questions before you call, and keep a pen and paper by your side when you call in case you wish to make notes. If it is more convenient, you can request that a solicitor call you back at a specific time by completing your details in the box at the foot of the page.