DePuy settles claims with 135 patients over hip implants

The ASR and ASR XL orthopaedic products were subject to a worldwide recall in 2010

DePuy International has settled claims from 135 Irish patients fitted with allegedly defective hip implants, according to court documents filed by the medical supplier.

The ASR and ASR XL orthopaedic products were subject to a worldwide recall in 2010 resulting in payouts of $2.5 billion in the US.

The settlements in Ireland were resolved without regard to liability issues but the compensation awarded has not been disclosed.

Approximately 1,000 proceedings have been issued against DePuy in this country and 73 cases have been set down for hearing in the High Court over the coming year.

Last week, Mr Justice Kevin Cross urged the parties involved to engage in innovative ways of resolving the cases to avoid putting pressure on court resources.

On Friday week, DePuy’s lawyers will put forward proposals for alternative dispute resolution to be overseen by a retired High Court judge.

John O’Shaughnessy, from the legal department of DePuy’s parent company Johnson & Johnson, said on affidavit that there is a “risk of injustice” to his side under the current listing system.

He said there was concern that the volume of cases would place unreasonable demands on DePuy’s expert witnesses, who are based in Britain and the US.

On the other hand, their absence, he argued, could fundamentally prejudice the medical supplier’s defence.

DePuy’s dispute resolution proposal, as outlined by O’Shaughnessy, includes a request for a stay on pending court proceedings which is likely to be opposed.

Solicitor Cian O’Carroll represents 115 patients suing the company for alleged personal injury.

He said they have already engaged in numerous mediation and settlement talks with DePuy.

“They are proposing an alternative, quasi-judicial system which they will run on the basis that everyone backs away from real court litigation which they do not like,” he said.

He indicated they would be reluctant to relinquish court dates they had spent five years struggling to secure in the face of repeated adjournment requests from DePuy.

“We will continue to meet them in mediations. What I am objecting to is this idea that you obstruct a citizen’s right of access to the courts to suit a multinational company,” he added.

A damages action brought by 79-year-old Kilkenny farmer Patrick Walsh against DePuy over a hip operation involving one of its products will continue before the High Court on Tuesday.