November 9th, 2010
Pryers Solicitors have been instructed by a number of patients to bring claims for compensation in relation to the failure of De Puy ASR hip implants, which have been recalled by the manufacturer.
Since the product was launched in 2003, over 10,000 people in the UK have been fitted with a De Puy ASR hip implant, either during hip replacement or hip resurfacing.
Towards the end of 2009, experts in Australia became concerned that a large number of ASR hips were failing prematurely, often requiring further surgery. Earlier this year, the UK Medicines and Healthcare Products Regulatory Authority (MHRA) issued a notice about the ASR hip, saying that there may be a problem. They began their own investigations. In September 2010, the manufacturer, De Puy, decided that the products should no longer be used; that unused stock should be returned to the manufacturer; and patients who had received an ASR device should be checked by their surgeons and, if they showed symptoms of failure of the device, revision surgery should be considered.
While the revision rate is still relatively low, at about 12 or 13% within five years, this is more than twice the rate that would be expected from other hip products. It is therefore expected that a very large number of patients will have hip pain and will require additional surgery due to the defect in the particular hip used. In many cases, such patients will be entitled to compensation from De Puy.
Pryers represent a number of people, from all over the UK, who have had problems with the De Puy ASR hip and who have required further surgery for revision, or are expected to require revision in the future. Claims for compensation will be brought against the manufacturer under the Consumer Protection Act, which requires manufacturers to pay compensation for injuries and financial losses caused by defective products. Most cases will be conducted on a “no win no fee” basis.
If you have been fitted with a De Puy ASR prosthesis, whether as a replacement or resurfacing, and are having hip pain or other hip symptoms, please contact Richard Greensit, a specialist medical solicitor at Pryers.
Richard can be contacted on 01904 556600 or at richard.starkie@pryers-solicitors.co.uk.
Update: Please see related post: DePuy ASR Hip Replacement Products
Tags: 7 September, Australia, Consumer Protection Act, David Sears, De Puy, Defective Products, Depuy, Failure, Family Member, Fee Basis, Financial Losses, Healthcare Products, Healthcare Products Regulatory Agency, Hip Implant, Hip Implants, Hip Pain, Hip Replacement, Hip Replacements, Hip Resurfacing, Hips, Investigations, Legal Advice, Litigation, Medical Device Alert, Medical Directors, Medicines, Medicines And Healthcare Products Regulatory Agency, Mhra, Regulatory Authority, Solicitors, Unused Stock
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January 31st, 2011
A patient group is to be formed, for those people affected by the failure of the DePuy ASR prosthetic hip joint.
It is hoped that the group will allow the opportunity to meet other people who have been affected, to discuss concerns and experiences on an informal basis.
While the group will be organised and run by the patients themselves, the first meeting is being arranged by Pryers Solicitors.
It is intended that the first meeting will take place in York on Saturday 12th February 2011.
If you would be interested in attending, please contact Richard Starkie or Richard Greensit at Pryers Solicitors on 0800 316 0166 or by email at richard.starkie@pryers-solicitors.co.uk or richard.greensit@pryers-solicitors.co.uk
Pryers Solicitors LLP is a York law firm specialising in medical law. Pryers acts for a large and growing group of clients in damages claims against DePuy International Ltd, in relation to the failure of the DePuy ASR hip products, which were withdrawn from the market in August 2010.
Tags: Acts, Damages, Depuy International Ltd, Email, Experiences, Failure, First Meeting, Informal Basis, Medical Law, Meeting Will Take Place, Patient Group, Patient Support Group, People, Solicitors, Specialising
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March 14th, 2012
Having already set up and run a highly successful law firm in the North East, Tim is a fantastic addition to the firm and will further strengthen the Pryers brand.
Pryers Solicitors has grown substantially over the last couple of years and have plans for further expansion in their key areas of medical law, product law and personal injury work. Principal Ian Pryer, commented “Tim’s appointment as Partner is a vital step in the continued growth and development of the firm. He comes with a pedigree of achievement in the legal sector”. He continued “This appointment helps to further establish Pryers Solicitors as a centre of excellence in the York region serving clients both locally and nationally”.
Tags: Appointment, Centre Of Excellence, Growth And Development, Key Areas, Legal Sector, Medical Law, Medical Product, Partner, Pedigree, Personal Injury Work, Pryer, Solicitors, Tim Gorman
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March 2nd, 2012
On 28th February, the Medicines and Healthcare Products Regulatory Authority (MHRA) changed its guidance for surgeons regarding the follow-up of patients with metal-on-metal hip replacements. The previous advice was that they should be seen once a year for five years but this has been extended to annual check-ups indefinitely.
This fits is with recent reports that many metal hips are failing at the junction between the ball or head and the stem, the long metal component that goes down the femur, or thigh bone. Recent data from the National Joint Registry suggests that this problem is particularly common at six or seven years after surgery, so check-ups for five years would often miss the problem.
It appears that the tapered junction between the stem and the head is particularly prone to failure. Over the years, the size of the heads has gradually increased, from 28mm, then to 36mm and now to as large as 63mm, while the length of the tapered junction has been greatly shortened. It is believed that the junction is now too small to withstand the extra forces applied by the larger heads and that this has caused failure.
Some products have failed more often than others and there is particular concern regarding the combination of a Pinnacle joint on a Corail stem, made by DePuy.
The issue was covered recently by BBC Newsnight. http://www.bbc.co.uk/news/health-17192520
Richard Starkie and his team of solicitors at Pryers are investigating potential product liability claims regarding these products.
This particular problem is different from the failure of the DePuy ASR hips, which is caused by excessive wear at the bearing surface between the head and the cup, although some ASR total hip replacements have also failed at the taper between the head and the stem. Pryers now act for over 220 patients whose ASR hips have failed prematurely.
Email: – hips@pryers.co.uk
Tags: Bbc Newsnight, Check Ups, Corail, Excessive Wear, Femur, Healthcare Products, Hips, Medicines, Metal Component, Mhra, News Health, Pinnacle, Product Liability, Regulatory Authority, Seven Years, Solicitors, Thigh Bone, Total Hip Replacements, Ups, Www Bbc Co Uk
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February 24th, 2012
York Solicitors, Pryers, have been following the PIP breast implant scandal, which has progressed following the recent arrest of Jean-Claude Mas, the founder of the French company responsible for making the breast implants which are at the centre of an international health scare. He was taken into Police custody at the end of January and has been released on bail of $130,000 pending further investigations. He could face charges of “involuntary injury” though it seems that the charges of manslaughter have been dropped. His company in France was closed down in March 2010 after its regulators discovered that the silicone gel being used in the implants had not been approved for medical use.
This leaves 40,000 women in the UK worried about the health risks of rupture and leakage of their PIP implants. Testing has shown that implant covers have an increased risk of rupture, though the effects of the silicone are unknown, with unconfirmed risk of toxicity damage other than the symptoms of inflammation and other reactions to any known irritant.
Women are receiving conflicting advice from health professionals. The NHS are advising against routine removal of the implants, but the British Association of Plastic, Reconstructive and Aesthetic Surgeons are recommending removal, due to the uncertainty of the health risks. This leaves women with uncertain advice as to what to do, where to go and how to fund it.
A number of private clinics which provided the PIP implants have now ceased trading. This leaves some women without recourse, although the NHS have confirmed that they will remove (but not replace) implants which have ruptured, if your doctor agrees there is a clinical need.
The following private clinics have said they will replace PIP implants free if clinically necessary: Holly House, Highgate Hospitals, Make Yourself Amazing, Ramsay Health Care, Spire Healthcare, BMI Healthcare, Nuffield Healthcare and HCA International. The Transform medical group has said it will remove the implants free for its patients who had them fitted since 2001 and The Hospital Group said it would offer free removal to patients it operated on from 2001-2009; both will charge for replacements.
Women are still entitled to compensation for breach of contract, to cover the cost of any surgery and for any damage they have sustained.
Medical advice to women with the PIP implants is that you should see your doctor if you have any of the following symptoms:
- lumpiness of the breast
- lumpiness or swelling in the area around the breast
- change in shape of the breast
- deflation of the breast
- redness
- tenderness of the breast
- swelling of the breast
- pain or sensitivity
Pryers Solicitors of York, who have successfully mounted product liability claims for patients affected by the faulty DePuy ASR hips, are acting for a number of ladies to ensure legal redress by way of support and recourse.
If you have had a breast implant which is a PIP silicone implant and wish to discuss your options , contact Robyn or Carmel at Pryers on PIP@Pryers.co.uk or 01904 556600.
Question and Answer
Q. I have had a breast implant. What do I do?
A. See your doctor and contact the clinic where you had the implant – find out what kind of implant you had.
Q. If I had a PIP implant, what do I need to do?
A. It depends where you had the implant and whether you are suffering any symptoms. You are advised to contact the clinic where you had the implant and see what recourse they are offering.
Q. Should the implants be removed?
A. Different countries are offering different advice. Europe and South America are advising that the implants be removed. The NHS Medical Director, Sir Bruce Keogh, does not recommend routine removal of the implants. The British Association of Plastic, Reconstructive and Aesthetic Surgeons (BAPRAS), are recommending all implants come out.
Q. Is there a risk to my health?
A. An increased rate of rupture has been reported. Evidence of toxicity or increased risk of cancer has not yet been confirmed, but rupture can result in the formation of scar tissue which can change the shape and feel of the breast. The gel can be an irritant, causing pain and inflammation. It can also be more difficult to remove an implant once it has ruptured.
Q. What recourse do I have?
A. If you had the implant at one of the clinics listed above, then you may be able to obtain recourse by way of removal and replacement free of charge. You will still be entitled to compensation for damage caused to your body and any other related losses. If you are not able to contact the clinic, the NHS may agree to remove your implant if your doctor identifies that there is a clinical need. We recommend that you contact the team at Pryers to discuss your options.
Tags: Bmi Healthcare, Breast Implant, Breast Implants, French Company, Hca, Hca International, Health Risks, Health Scare, Highgate, International Health, Irritant, Manslaughter, Nuffield, Pip Implants, Police Custody, Private Clinics, Ramsay Health Care, Silicone Gel, Solicitors, Spire
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January 27th, 2012
Pryers Solicitors of York now act for over 200 patients who have suffered the premature failure of their metal-on-metal hip replacements and resurfacings. Claims for compensation are being brought against DePuy International Ltd, the UK distributor of the ASR and ASR XL hip products.
The team, headed by Richard Starkie, has been strengthened by the recruitment of two more solicitors, Lucy Macklin-Smith and Lindsay Perryman, who join Aftar Waris and Jamie Paddock.
The ASR hip was introduced in July 2003 and used extensively in a few areas of the UK, particularly York, North Tees, Surrey, Rotherham, Merseyside and Cardiff. By 2007, a number of surgeons raised concerns that they were experiencing a higher than expected failure rate with the ASR. DePuy’s response was that this was a problem with surgical technique, rather than a problem with the product. However, as concerns grew, DePuy withdrew the product form the Australian market in December 2009 and from the rest of the world in August 2010.
Since then, hospitals have been recalling patients for tests, including blood tests; ultrasound and MRI scans; and aspirations of fluid from the hip. Hundreds of people have been found to be suffering from excessive wear of the components, which can lead to damage to the soft tissues around the joint and even to the bone. Revision surgery is then required, with a lengthy recovery period. Patients frequently fail to make a full recovery and many require further surgery after revision.
Although, at the time of the product recall in August 2010, DePuy put the 5 year failure rate at 12-13%, some surgeons now estimate the 6 year failure rate as being as high as 49%. If that is correct, it is likely that several thousand people in the UK alone will require further surgery.
Over the last 18 months, Pryers have worked with some of the world’s leading biomechanical engineers, biotribologists, metallurgists, metrologists, surgeons, toxicologists, epidemiologists, histopathologists and microbiologists.
We have been one of the leading law firms in the investigation of these claims and in the discussions with DePuy.
We have carried out extensive work the following: -
- the precise nature of the design defect;
- the testing procedures and how they failed;
- the manufacturer’s delay in recalling the product;
- establishing causation in individual cases and excluding other potential causes of joint failure;
- determining prognosis after an ASR failure;
- establishing causation of cobalt and chromium toxicity;
- and the long-term health risks posed by exposure to these metals.
We have also been instrumental in establishing and co-ordinating a patient support group for the North of England, called Altogether ASR, which has had several meetings and will shortly be launching a website. The group’s next meeting will be in March 2012. Please contact Pryers for details.
If you or a relative has suffered the premature failure of a metal-on-metal hip replacement or resurfacing, particularly the DePuy ASR, please contact Pryers Solicitors on 0800 316 0166 or by email at hips@pryers.co.uk.
Tags: Aftar, Asr, Blood Tests, Depuy International Ltd, Excessive Wear, Failure Rate, Hip Patients, Hip Replacements, Lengthy Recovery, Macklin, Mri Scans, North Tees, Perryman, Premature Failure, Product Recall, Recovery Period, Soft Tissues, Toxicologists, Uk Distributor, Waris
Posted in Clinical Negligence News, Help and Advice, News, Personal Injury News | No Comments »
December 1st, 2011
Pryers Solicitors of York now act for over 200 patients who have suffered the premature failure of their metal-on-metal hip replacements and resurfacings. Claims for compensation are being brought against DePuy International Ltd, the UK distributor of the ASR and ASR XL hip products.
The team, headed by Richard Starkie, has been strengthened by the recruitment of two more solicitors, Lucy Macklin-Smith and Lindsay Perryman.
The ASR hip was introduced in July 2003 and used extensively in a few areas of the UK, particularly York, North Tees, Surrey, Rotherham, Merseyside and Cardiff. By 2007, a number of surgeons raised concerns that they were experiencing a higher than expected failure rate with the ASR. DePuy’s response was that this was a problem with surgical technique, rather than a problem with the product. However, as concerns grew, DePuy withdrew the product form the Australian market in December 2009 and from the rest of the world in August 2010.
Since then, hospitals have been recalling patients for tests, including blood tests; ultrasound and MRI scans; and aspirations of fluid from the hip. Hundreds of people have been found to be suffering from excessive wear of the components, which can lead to damage to the soft tissues around the joint and even to the bone. Revision surgery is then required, with a lengthy recovery period. Patients frequently fail to make a full recovery and many require further surgery after revision.
Although, at the time of the product recall in August 2010, DePuy put the 5 year failure rate at 12-13%, some surgeons now estimate the 6 year failure rate as being as high as 49%. If that is correct, it is likely that several thousand people in the UK alone will require further surgery.
If you or a relative has suffered the premature failure of a metal-on-metal hip replacement or resurfacing, particularly the DePuy ASR, please contact Pryers Solicitors on 0800 316 0166 or by email at hips@pryers.co.uk.
Tags: Asr, Blood Tests, Depuy International Ltd, Excessive Wear, Failure Rate, Hip Replacement, Hip Replacements, Lengthy Recovery, Macklin, Mri Scans, North Tees, Perryman, Premature Failure, Product Recall, Recovery Period, Rotherham, Several Thousand, Soft Tissues, Solicitors, Uk Distributor
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