Following on from the recall issued by De Puy Orthapaedics on their hip implants in 2012, a recent decision has been made at the Court of Appeal over the defective hip replacement devices, where the Court has decided that a safety expectation test must be passed too.
Whilst the claimant Wilkes had suffered from an implant fracture 3-years after the hip replacement implant, the Court looked towards surrounding circumstances like ‘risk benefits’ and how it could have been avoided.
In passing judgement, the Court said “For the purposes of the Act, there was a defect in a medicinal product if the safety of the product was not such as persons generally were entitled to expect, taking into account all the circumstances.” The Court held that De Puy have done enough to ensure the safety of the product and the defect lied with claimant.
Whilst the manufacturer had a responsibility to produce medical devices free from defects, it is understandable that no medical device is expected to be 100% safe.
However, any risks should be properly highlighted and consulted with the patient. In this case, the physicians involved were reportedly provided with sufficient information from the manufacturer. The physicians in turn are then responsible for warning the patient of all the risks involved with the implant, including obesity and activity levels.
The Court did not find any defect with the product within its manufacturing nor its design. However, this case may be a standalone case as it was related to the use of the hip, rather than any defects in the product.
There have been a number of concerns over how De Puy have been handling their complaints as they have reportedly been trying to get their hands on patient data inappropriately as well as attempting to settle lawsuits before patients have even had a chance to speak to a lawyer.
Your rights…
Here in the U.K. consumers are protected by product liability laws. If a manufacturer makes and sells a product, it must be fit and safe for consumers to use as intended. For an individual who suffers from a personal injury from a defective product, they are legally entitled to bring a claim for financial compensation. This is to remedy the injuries and harm suffered as a result of the manufacturer’s negligence.
Under U.K law, the claimant must be able to prove that the defective product caused them harm. This means that it doesn’t always matter if the manufacturer knew if there was a defect or not. If there is proof that the product is defective and the claimant was harmed because of it, the manufacturer can be liable.
Are you affected?
If you think you have been affected by a defective product, you could be eligible for financial compensation. This is your legal right. This case may not seem like a walk in the park, but it just goes to show that bringing a personal injury claim can be very complicated. This is why prospective claimants should consult with specialist lawyers who have the expertise to deal with these types of cases. Our solicitors have a lot of experience in helping claimants win their cases. If we think we can help you, we can offer our services on a No Win, No Fee basis.