DePuy ASR – European Union Claims

Hugh James is currently representing claimants from the European Union who wish to pursue claims against DePuy International Limited who recalled its ASR Hip resurfacing and XL total hip replacements after the devices suffered a higher level of failure than expected.

In 2010 senior executives of DPIL and Depuy Orthopaedics Inc., concluded after an internal review that the ASR systems were defective products.  The market action strategy recommended was identified as “Class A”, reserved for a “defective product that would affect product performance and/or could cause health problems”.  It was found that they tended to cause an adverse reaction to metal debris (“ARMD”) with a consequential need for revision surgery.

On the basis of an earlier High Court decision in relation to foreign ASR claims, claimants from the European Union if successful will be entitled to compensation under the law of England and Wales.  That is often higher than is the case in many European jurisdictions.

A recent application for a group litigation order (GLO), a form of class action, was unsuccessful on the basis that there are currently insufficient numbers of claims to warrant the making of the order. However, claimants will still be able to bring their claims in their own right. 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.

Whether or not a GLO is eventually ordered Hugh James will accept instructions from European Union claimants and/or their lawyers to prosecute such claims and can act on a no win no fee agreement, subject to conditions.




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