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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January 14th, 2011
Pryers Solicitors now act for a large and growing group of patients who have suffered the failure of their DePuy ASR hip. Some received the joint in total hip replacement surgery and some in hip resurfacing.
Most of the cases will be brought as product liability claims against the manufacturer, DePuy, but some may become clinical negligence claims, if the evidence shows that the joint was fitted incorrectly or was not suitable for the patient.
DePuy has already withdrawn the joint from the market and guidance has been issued by DePuy and also by the British Hip Society as to what investigations should be carried out to determine whether a particular patient’s joint has failed or not.
The problem is thought to be caused by the socket’s subhemispheric shape, that is to say that it does not cover as much of the head of the joint as other products do. This means that there is less surface area and therefore higher pressure between the two parts of the joint. Also, there is a groove around the inside rim of the socket, which further reduces the surface area and increases the pressure. The increased pressure forces the body’s natural lubricating fluid out of the joint causing the metal to rub against metal, which soon wears away.
As the joint surface wears, small metal particles break away from the surface of the socket, becoming imbedded in muscles and ligaments around the joint. This causes inflammation, pain and the joint rapidly fails, causing a wide range of other symptoms. The metal particles get into the patient’s blood stream, but it is not yet known what long-term effect this might have.
If the joint has failed, revision surgery will be required, which tends to be more difficult and carries higher risks of complications. Often, a revised hip will not work as well or last as long as a first hip replacement or resurfacing, meaning that the effects of the joint failure will often be life-long.
Studies published so far have shown that the failure rate of the ASR is much higher than that of other similar products and research to be published very shortly will show that the ASR fails more than 10 times faster than the market-leading hip resurfacing product.
Pryers have commissioned expert evidence from engineers and surgeons and are working with other law firms in England, Ireland and the USA towards proving that the ASR hip is defective and obtaining fair compensation for patients who have been injured.
If you have undergone hip replacement or hip resurfacing and have symptoms of joint failure, and believe you might have had an ASR joint, please contact Richard Starkie or Richard Greensit of Pryers Solicitors.
Richard.starkie@pryers-solicitors.co.uk
Richard.greensit@pryers-solicitors.co.uk
Telephone 0800 316 0166
Tags: Blood Stream, Clinical Negligence Claims, Depuy, Failure, Groove, Guidance, Hip Replacement, Hip Replacement Surgery, Hip Resurfacing, Inflammation Pain, Investigations, Ligaments, Metal Particles, Muscles, Product Liability Claims, Ra, Rim, Solicitors, Surface Area, Total Hip Replacement Surgery
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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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April 15th, 2010
Here at Pryers solicitors of York we are pleased to say we’ve settled a case for a man after replacement hip surgery. This clinical negligence case involved a hip replacement that went wrong on a man of 60 years. As a result of the hip replacement, the surgeon caused the prosthesis to fracture the femur which allowed a pocket of infection to develop. This caused the Claimant to require significant revision surgery and then for the full removal of the hip whilst the infection was cleared. As a result of his injuries he was ill health retired from his long standing employment. The matter proceeded against the individual’s surgeon because the treatment was private. At the final hearing the Defendant fully conceded liability for clinical negligence and causation and the case settled with a payment reflecting his pain and suffering, his loss of earnings and also the need for him to move to single storey accommodation. Interestingly, in this case the Defendant had offered £235,000 in settlement but at the final hearing the case settled without any evidence being given with the Defendant increasing up to £435,000 in settlement which was acceptable to the Claimant.
Tags: Accommodation, Causation, Claimant, Clinical Negligence, Defendant, Femur, Fracture, Hip Replacement, Hip Replacement Surgery, Hip Surgery, Ill Health, Loss Of Earnings, Negligence Case, Prosthesis, Solicitors
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