Pryers Instructed in Ankle Replacement Claim

July 1st, 2011

pryersimg1Pryers Solicitors have been instructed to investigate a potential product liability claim concerning the Biomet Ankle Evolution System (“AES”) ankle replacement components.

The AES was designed and manufactured by a French company called Transysteme SA, but imported to the UK and marketed under the Biomet name. The joint consists of two metal components, made of a cobalt/chromium alloy, with a polyethylene floating bearing sandwiched between them.

In 2004, the Leeds Teaching Hospitals NHS Trust received funding from Biomet to become a “centre of excellence” in the use of the AES ankle and many patients in the Yorkshire area were fitted with the joint.

Initial results were thought to be encouraging, but by 2009, reports were emerging that the joint was associated with a very high rate of osteolysis. This occurs when the body detects tiny particles of foreign material and reacts against them, also causing damage to healthy bone. The bone becomes soft and gradually disintegrates.

Some studies have reported osteolysis occurring in more than 50% of patients with this particular product. In some cases, the osteolysis can be seen on x-ray but causes the patient no symptoms. In other cases, it can lead to failure of the joint and destruction of the bones around the ankle. In the most extreme cases, it has required amputation of the lower leg.

The AES joint was withdrawn from the market in the UK, but was not subjected to any formal action by the medical product authorities. However, it continued to be sold in France, under the Transysteme name, until being formally recalled by the authorities in January 2011.

Pryers are now working with some of the world’s leading experts in ankle surgery to determine whether the AES is defective and whether the problems encountered could and should have been identified before the product came onto the market.

If you have suffered problems with a Biomet AES ankle replacement, please contact Richard Starkie on 01904 556600 or by email at richard.starkie@pryers-solicitors.co.uk.

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Lancashire parents sue hospital after daughter is paralysed

October 28th, 2009

Lancashire parents sue hospital after daughter is paralysed

The parents of a girl who was left paralysed after having an operation on her back are suing the hospital where she was treated.

Laura May, now 15, had begun to develop a curvature of the spine when she was 11, the Lancashire Evening Post reports.

The girl’s parents agreed that surgery was necessary and Laura was admitted to Royal Preston Hospital in February 2005.

However, surgeon Roger Battersby Smith got too close to the spinal cord during the procedure and now Laura is unable to move from the chest down.

Christine and William May have taken legal action against Lancashire Teaching Hospitals NHS Foundation Trust, alleging that the surgeon did not adequately monitor the distance between his tools and the girl’s spine and was therefore negligent.

The hospital claims it took "reasonable care" to ensure Laura was safe.

Earlier in 2009, the Telegraph reported that three NHS patients every month are now receiving compensation of over £1 million each because of failures in their care in hospital.

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Family sues after Leeds woman’s death in hospital

October 6th, 2009

Family sues after Leeds womans death in hospital

A family is taking legal action against the bosses of a hospital in Leeds after an incident in which a woman died during surgery.

Christine Tunnicliffe, 63, was admitted to Leeds General Infirmary in May 2007 after complaining of stomach pains, the Yorkshire Evening Post reports.

She was put onto a ventilator and taken in for an exploratory laparotomy. However, she continued to experience problems after the operation and was examined again the following day.

It was only then that a six-centimetre tear in her windpipe was discovered that was likely to be the result of the anaesthetist having to make three attempts to put her breathing apparatus in.

Ms Tunnicliffe died ten days later and her family said they are "astounded" that the tear was not noticed sooner.

"We truly believe this contributed to our mother’s sudden death," said her daughter Lynne Bradshaw.

The family is now taking legal action for clinical negligence against Leeds Teaching Hospitals NHS Trust.

An exploratory laparotomy is the medical term for surgery performed on the abdomen using a full-sized incision, rather than a minimally invasive approach.
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£55k settlement for family of woman who died in hospital

April 14th, 2009

㿣k settlement for family of woman who died in hospital

The family of a woman who died after an operation is to receive a compensation payout of £55,000 after it was ruled that her death had been preventable.

Kathleen Doherty, then 29, went into the Royal Preston Hospital in March 2006 to have her gall bladder taken out, the Lancashire Evening Post reports.

However, she began to bleed internally afterwards, a fact that was not noticed by hospital staff.

Ms Doherty died a few hours later and her family went on to launch a clinical negligence claim.

The coroner ruled that medics had not properly monitored Ms Doherty and said that had they been checking her, she would not have died.

Lancashire Teaching Hospitals has agreed to a payout of £55,000 and has apologised to the family, adding that it has addressed issues within the hospital since the death.

Ms Doherty’s mother Frances said: "All I wanted was justice for Kathleen, and to make sure this never happens to anyone else. I hope the hospital have learned from it."

According to the Telegraph, almost 500 people have been seriously disabled by the lack of care they have received in hospital since the Clinical Negligence Scheme for NHS Trusts was established 13 years ago.

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HSE warning after patient’s fall leads to serious injury

February 27th, 2009

HSE warning after patients fall leads to serious injury

The Health and Safety Executive (HSE) has issued a warning to care providers that they must ensure the safety of their patients.

Its warning comes after a man staying at the Northern General Hospital in Sheffield tried to open a window in May 2004.

Although the window was not supposed to open more than ten centimetres, it had not been properly maintained and swung open fully.

The 18-year-old fell 12 metres to the floor below, suffering a serious internal injury and several fractures.

Sheffield Teaching Hospitals NHS Foundation Trust was fined for breaches of the Health and Safety at Work Act 1974.

HSE inspector Kirsty Welsh said hospitals need to ensure that vulnerable people are not put at risk.

"The risk of falls from windows is well-known in the care sector. Hospitals have a responsibility to ensure they have preventative measures put in place," she added.

Anyone who is injured within a hospital or care home may be able to claim personal injury compensation and should seek the advice of a solicitor within three years of the incident.


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