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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September 9th, 2009
A recycling worker from Wiltshire is in line for a seven-figure compensation payment after a botched neck operation left him severely disabled.
Michael Hart underwent surgery to remove a compressed disc at John Radcliffe Hospital in Oxford in September 2008, in what should have been a routine procedure.
However, an error by surgeons led to complications which caused irreversible damage to Mr Hart’s spinal cord.
As a result, he is now confined to a wheelchair, with only limited movement in his hands.
Following his release from hospital in April this year, he began a medical negligence claim against Oxford Radcliffe Hospital NHS Trust, which has now admitted full liability for the mistake made by its staff.
A compensation figure is still to be agreed, but it is almost certain to be more than £1 million, as it will take into account loss of earnings and the cost of long-term care for Mr Hart.
The news comes after the NHS Litigation Authority’s annual report revealed the health service spent £807 million to settle compensation claims in the 2008-09 financial year.
Tags: Compensation Claims, Compensation Payment, Health Service, Hospital Nhs Trust, Irreversible Damage, John Radcliffe Hospital, Litigation, Long Term Care, Loss Of Earnings, Medical Negligence Claim, Michael Hart, Nhs Litigation Authority, Oxford Radcliffe Hospital, Oxford Radcliffe Hospital Nhs Trust, Recycling, Routine Procedure, Spinal Cord, Wheelchair, Wiltshire
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September 7th, 2009
Nottingham University Hospitals NHS Trust has paid £150,000 compensation to the family of a man who died after staff failed to diagnose a serious heart condition.
David Whittaker, 61, died after suffering a torn artery, a condition known as aortic dissection.
However, staff at Queen’s Medical Centre failed to spot this when he went to the hospital after complaining of chest pains.
Staff carried out some tests on Mr Whittaker, but did not undertake an electrocardiogram – a scan which may have identified the condition and enabled doctors to treat it appropriately.
He was discharged from hospital, but died the following day.
Mr Whittaker’s widow pursued a medical negligence claim against the trust, which admitted there had been shortcomings in his treatment and agreed a settlement, which included the six-figure compensation payout.
"[The settlement] accepts that an inappropriate failure to diagnose and treat her late husband’s aortic dissection on July 24th 2006 and that, had appropriate treatment been provided, her late husband would probably have survived," a spokesman for Nottingham University Hospitals NHS Trust said.
News of the payout comes just weeks after the NHS Litigation Authority revealed the NHS spent £807 million to settle compensation claims in 2008-09.
Tags: Aortic Dissection, Chest Pains, Compensation Claims, David Whittaker, Doctors, Electrocardiogram, Failure, Hospitals Nhs Trust, July 24th, Litigation, Medical Centre, Medical Negligence Claim, Nhs Litigation Authority, Nottingham University, Queen, Serious Heart Condition, Shortcomings, Spokesman, University Hospitals Nhs Trust
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March 13th, 2009
A man who may be unable to have children after a delay in the treatment of a fertility problem is to receive compensation.
Leon Whitworth had an accident in December 1999 which ruptured his urethra. A subsequent investigation found that he had a particularly low sperm count and may be unable to have children.
"Most men have 20 million sperm cells but I have only three, not three million, just three," he commented.
Although Mr Whitworth thought his fertility problem occurred when doctors did not adequately treat his urethra, his solicitors found that a delay in treatment of an undescended testicle when he was eight is likely to have reduced his ability to father children.
He launched a negligence claim against the Norfolk and Norwich Hospital and has now received £25,000 in compensation in an out-of-court settlement, which is to be used to pay for IVF for him and his partner.
A spokesperson for the NHS Litigation Authority – which was established in 1995 and is responsible for handling negligence claims made against NHS bodies in England – declined to comment on the specifics of the case.
Tags: Court Settlement, Fertility Doctors, Fertility Problem, Ivf, Litigation, Negligence Claim, Negligence Claims, Nhs Bodies, Nhs Litigation Authority, Norwich Hospital, Partner, Solicitors, Specifics, Sperm Cells, Spokesperson, Subsequent Investigation, Undescended Testicle, Urethra, Whitworth
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