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Ben Slade, Class action, DePuy, Hip Replacement, hip resurfacing, Maurice Blackburn, Orthopedic surgery, Port Lincoln
Hip implant class action grows
David Jean From The Advertiser August 01, 2011 12:00AM
An orthopedic surgeon studies a patient’s X-ray as he performs a hip replacement
SOUTH Australians with faulty hip implants are likely to share in millions should a class action succeed.
South Australians make up a disproportionately large amount of the 700-odd group members Sydney firm Maurice Blackburn is acting on behalf of, in a case principal Ben Slade says is one of the “biggest international product liability disasters ever”.
DePuy International implants were recalled globally last year and there have since been many cases reported in which patients recorded high levels of cobalt and chromium in their blood.
About 14 per cent of those who received a conventional hip replacement have required revision surgery, along with 11 per cent who had hip resurfacing surgery.
Mr Slade predicted a successful case would result in damages ranging from $50,000 to millions, depending on individual cases.
South Australians were the recipients of roughly 1500 of the 5500 potentially faulty hips implanted nationally before the recall.
Many of the implants in this state were carried out at Sportsmed SA by now-retired surgeon Dr Roger Oakeshott.
“It is a defective product that in South Australia was aggressively promoted and sold to hapless victims who deserve some form of compensation,” Mr Slade said.
Some victims have joined Brisbane-based firm Shine, which will proceed with a class action to America, while others are considering individual proceedings.
Mr Slade said a federal class action in Australia had advantages.
Individuals would have no cost impost from the firm representing them and any Australian affected by a dodgy DePuy hip would be represented unless they opted out.
Mr Slade met a group of victims in Port Lincoln last week.
He has spoken with firms representing about 250 South Australians so far about the class action.
In May, leading orthopaedic surgeon Professor Ross Crawford – speaking on the ABC’s Four Corners program – warned that recipients of metal-on-metal hips may be suffering from blood poisoning even if their device was not failing.
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- Australia – Hip surgery ruins lives (earlsview.com)
- British Woman files product liability lawsuit against Wright Medical Technology (earlsview.com)
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the range of the damages that these faulty hip implant doesn’t only limited to the US Based Patients. Moreover the widespread failure of those implants has gone world wide. The Medical Field should address this issue.
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Are there any class actions taking place in New Zealand?I am about to have my feral DePuy hip replaced and I am interested in joining a class action against the Company.My email address is stuartandna @xtra.co.nz
Hi Stuart
I am a Kiwi too – living on the Gold Coast along with most other Kiwis!
I had my first replacement in NZ and my understanding is that the ACC system precludes us from suing the surgeon or the device manufacturer…
So it may be possible to join an Aussie based class action – there are a few listed on my blog or perhaps you can join a US one – not something I have investigated as I haven’t had the spare cash to talk to any lawyers.
All the best for the revision. You will find it more of a relief than the replacement was the first time around – you don’t realise how bad these nasty bits of metal make you feel. Mine was Smith & Nephew and a total hip replacement – not put in well and so it wore quickly and caused me all the grief.
It seems to be hard to hang onto the device post operation so make sure that you ask for it to be kept – mine was sent off to Smith & Nephew without my knowledge or approval. Something I have yet to resolve unless I signed something when I was drugged!
I would not trust DePuy as far as I could kick them so make sure you have the device kept – get it in writing.
What revision hip are you getting? I got a Zimmer ceramic on ceramic which my surgeon did an excellent job with – and I must say that I hardly know it is there! Sure it is taking time to learn to walk properly again (had two bone grafts too) but it is a dream compared to the last piece of shit I had – it hurt the whole time and the range of motion was no where near as good as what I have now. In fact it is better than my left hip – it is arthritic and awaiting a replacement.
All the best.
Earl