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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October 29th, 2009
A man who suffered brain injuries after he fell 20 feet into a supermarket car park is seeking compensation from Plymouth City Council.
Jonathan Harvey was a physiotherapy student and a keen sportsman in 2003 when he went on a night out with friends, the Plymouth Herald reports.
However, after getting out of a taxi, Mr Harvey allegedly tripped over a fence and plunged 20 feet onto concrete.
He was in hospital for eight months and still finds it difficult to walk and talk because of his brain injury.
The victim has taken legal action against Plymouth City Council for failing to ensure its land was safe for visitors under the Occupiers’ Liability Act.
A spokesperson for the council denied liability, insisting that Mr Harvey was to blame for the accident.
Anyone who suffers a personal injury should seek legal advice within three years of the incident in order to be able to claim compensation.
Tags: Brain Injuries, Brain Injury, Car Park, Concrete, Eight Months, Fence, Friends, Jonathan, Jonathan Harvey, Keen Sportsman, Legal Advice, Mr Harvey, Occupiers Liability Act, personal injury, Plymouth City Council, Spokesperson, Supermarket, Taxi
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October 16th, 2009
A woman who was left with a memory span of ten minutes after suffering from a brain haemorrhage has received a multi-million pound payout.
Cristina Malcolm, 41, collapsed in July 2002 with a terrible headache, but was told when she sought medical advice that it was a virus.
In fact, blood had already leaked into her brain and she then went on to suffer a more serious haemorrhage.
Mrs Malcolm was taken to Newcastle General Hospital to have half a litre of blood removed from her brain, but it was too late to reverse the damage and the patient was left brain damaged.
She now needs constant care from her husband Sandy, who describes her as "like a ten-year-old with Alzheimer’s".
GP Dr James Harrison, Durham and Darlington Acute Hospitals NHS Trust and Newcastle-upon-Tyne Hospitals NHS Trust all admitted to clinical negligence and have agreed to a compensation payout of £4.46 million.
Settlements for brain damage are typically larger than those for other injuries since the money must cover the long-term care of the patient. Anyone affected by cases such as this may wish to seek legal advice.
Tags: Acute Hospitals Nhs Trust, Brain Damage, Brain Haemorrhage, Clinical Negligence, Constant Care, Darlington, Dr James, Gp, Headache, Hospitals Nhs Trust, James Harrison, Left Brain, Legal Advice, Litre, Long Term Care, Medical Advice, Memory Span, Newcastle General Hospital, Quot
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October 14th, 2009
A man who suffered permanent injuries after falling from a moving bus has been awarded compensation.
Vincenzo Bollito, 36, had been on a night out with his family and friends in the West End in 2005.
He was on the 159 Arriva London Bus and had stood up to disembark. However, while he was still in between the doors, the driver closed them and accelerated off down the road.
Mr Bollito was thrown from the vehicle and sustained serious head injuries that left him with brain damage.
As a result, he now has memory problems and impaired sight which mean he is dependent on his family and cannot work.
Legal action was taken against Arriva and after a long battle, a judge has agreed that the driver was negligent in not taking into account the risks to Mr Bollito when he drove away.
The victim will now receive a £1.3 million lump sum and £31,500 annually for life in compensation.
Anyone who is injured as a result of a bus accident or from the driver making an error such as this may be entitled to damages and should seek legal advice.
Tags: Arriva Bus, Brain Damage, Bus Accident, Bus Driver, Damages, Doors, Family And Friends, Head Injuries, Legal Advice, London Bus, Lump Sum, Memory Problems, Moving, West End
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October 12th, 2009
A woman whose leg was unnecessarily amputated after doctors misdiagnosed her with cancer has been awarded a six-figure compensation payout.
Doreen Nicholls, 72, found a lump in her foot and was referred to the Royal Orthopaedic Hospital in Birmingham in August 2007.
A team of orthopaedic, radiology and histology medics advised an amputation of her leg below the knee after finding symptoms of a particularly aggressive soft tissue cancer.
However, after the grandmother underwent surgery in October 2007, it was discovered that the swelling had not been cancerous after all.
Ms Nicholls sought legal advice and pursued a compensation claim against the hospital. Although it has not admitted liability, it has agreed to a six-figure payout as part of an out-of-court settlement.
"I shall never forgive the hospital for what they’ve done to me. I just want my leg back, money doesn’t mean a thing," the victim remarked.
According to recent research from Imperial College London, as many as one in six NHS patients is currently being misdiagnosed.
Tags: Amputation, Compensation Claim, Court Settlement, Doctors, Grandmother, Histology, Imperial College London, Legal Advice, Medics, Money, Nhs Patients, Nicholls, Radiology, Royal Orthopaedic Hospital, Soft Tissue Cancer, Woman
Posted in Clinical Negligence News | No Comments »
