Legal action against DePuy – European claimants urged to come forward

4 Apr 2016 | Firm news


Hugh James and Irwin Mitchell are representing claimants from the European Union who wish to pursue claims against DePuy International Limited  in the High Court in London. This follows claims that the ASR hip prosthesis manufactured by DePuy was found to have high failure rates.

In 2010 it was found that the ASR prosthesis tended to cause an adverse reaction to metal debris (“ARMD”). AMRD can cause damage to the soft tissue surrounding the hip as well as the bone and in some cases patients have needed surgery to replace the faulty prosthesis. DePuy subsequently recalled the ASR system.

A recent application for a group litigation order was unsuccessful on the basis that there are currently insufficient numbers of claimants to proceed. However, the court has given permission for the application to be reinstated in the event that there are further claimants who wish to come forward to pursue the claims.

Claimants can still peruse an individual case against DePuy, however the instigation of a GLO means that any ruling binds all cases. Citizens from the EU who have received a faulty ASR implant are urged to come forward as soon as possible to form a GLO.

On the basis of an earlier High Court decision in relation to foreign ASR claims, it was established that claimants who had received the ASR prosthesis before 11 January 2009 could bring a claim against DePuy International Limited in the courts of England and Wales.

Hugh James and Irwin Mitchell will accept instructions from European Union claimants and/or their lawyers to prosecute such claims and can act on a no win no fee basis.

Consideration is being given to reinstating the application when the court next looks at these cases at the end of June 2016. There are strict time limits for prosecuting such claims and therefore anyone considering bringing such a claim should contact Hugh James as soon as possible.

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