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ASR HIp Replacements Toxic levels of cobalt and chromium

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Posted 14 March 2012 - 04:04 PM

Kiwi victims of failed hip joints target UK manufacturer
By Phil Taylor
3:49 PM Wednesday Mar 14, 2012


Hundreds of Kiwi patients have had surgery to replace the failed coblat and chrome metal hip. Photo / supplied
A group of New Zealand patients caught up in what is predicted to be the world's biggest medical device failure are taking legal action against the manufacturer in England.

Twenty eight people who were implanted with the failed ASR hip joint are this week being interviewed by English lawyer Hugh Preston.

The patients have had surgery to replace the failed cobalt and chrome metal hip and a few have had multiple operations.

Many have high readings for cobalt and chromium and are concerned about possible related health consequences.

Mr Preston, a specialist in product liability and personal injury, said more New Zealand patients may join the legal action as they became aware they could sue under English law.

Worldwide 93,000 people were implanted with the hip, 507 in New Zealand.

New Zealand patients are unable to sue here because of ACC legislation. They can sue under English law because the joint was made in Leeds by English company DePuy, a subsidiary of world medical giant Johnson & Johnson.


Johnson & Johnson is paying medical costs of revision surgery related to its recall of the ASR hips.

Class actions seeking damages have been filed in the United States and Australia but in New Zealand compensation is covered by ACC which is limited to a small weekly disability payment and the cost of necessary modifications to a person's home.

The ASR hip was recalled in August 2010 when the rate of joint failure after six years reached 12 per cent compared to a normal rate of about 4 per cent. The failure rate in Britain has since been reported to be 49 per cent and Mr Preston said some experts are predicting all will fail by 10 years.

Touted as a market leader when it came into use in 2003, the ASR has since been linked to loosening of the joint, toxic levels of cobalt and chromium and damage to surrounding tissue.

Mr Preston, who is being instructed by Wellington firm John Miller Law, said he would first approach Johnson & Johnson to see whether the matter could be settled out of court.

The ASR hip failure is predicted by some product liability experts to top the $US1 billion cost that resulted from the recall of a Sulzer Hip in 2001. The ASR recall involves three times as many people.

By Phil Taylor | Email Phil
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Posted 17 March 2012 - 07:54 AM

Hip patients: Why weren't we told?
By Phil Taylor
5:30 AM Saturday Mar 17, 2012
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Faulty hip joint patient Sanda Lawton believes she may never be able to move properly again. Photo / Richard Robinson
New Zealand patients are angry that medical authorities and some surgeons failed to act on warnings that their hip replacements had failed. As the victims join a British lawsuit against manufacturers Johnson & Johnson, Phil Taylor reports on their painful fight for justice

Sanda Lawton remembers to the day her first indication that there was a problem with her hip implant. It was October 2008 while she was hiking in the Hong Kong hills. "I stopped dead in my tracks because I was getting these terrible pains in my groin."

A gradual decline ensued in the otherwise fit and healthy 67-year-old. Unable to lift the infant she was caring for, she had to give up her job as a nanny in Hong Kong. Lawton has since had to give up the part-time work she found after returning to live in Auckland. "I really have doubts that I'll be able to bend from the waist again," she says.

The pain that began on the trail in Hong Kong led her on an odyssey that eventually resulted in surgery last October to replace the metal ASR cup with a ceramic one. This was almost four years after the ASR was fitted and in that time she says she was pain-free for just 11 months.

She regularly reported the pain to doctors but says it was dismissed. "So I just kept thinking the pain was in my head."


Eventually an ultrasound revealed a pseudo-tumour near her hip a painful mass of soft tissue and fluid surrounding the joint. A blood test revealed concerning levels for cobalt and chromium.

These discoveries came after she received a letter dated July 22 from her surgeon, Gary French, informing her of the ASR recall. This was 11 months after the hip manufacturer, Johnson & Johnson subsidiary DePuy, advised surgeons to inform patients of the recall, and three weeks after the Herald first reported the ASR failure in New Zealand.

"I looked at the letter and burst into tears. It was like, 'it's not in my head after all, I'm not going crazy'. Then I pulled myself together and got angry and I've been getting angrier ever since."

Her revised hip dislocated last month, possibly due to tissue destruction resulting from the ASR.

Lawton says she doesn't blame her surgeon for problems with the ASR but is disappointed at the delay in informing her of the recall.

Another of French's patients who suffered hip pain and has since had the ASR replaced told the Herald the surgeon notified her a year after the recall, by which time she had learned of it through the media.

French, who is overseas, did not respond in time for this article.

Stuart Willis, whose ASR hip was replaced last December after six years, was not notified at all by his surgeon, Jeremy Earl. Willis, a Whakatane accountant, 69, had high metal readings and is concerned about lost time caused by the failure to notify him and worried about possible health consequences.

Earl has apologised and told Willis he had moved from the region and understood a DePuy representative would notify his ASR patients. Earl refused to discuss the matter with the Herald.

The Herald asked Health Minister Tony Ryall whether he was comfortable that Medsafe did not list the ASR recall on its website when other product recalls were listed.

He replied; "As part of the new joint agreement with Australia, which comes into effect July 1, I would expect such recalls to be listed on the joint website. The fact that it hasn't reflects Medsafe's past practice and this will be changing."

In a statement last year attributed to its head of compliance management, Derek Fitzgerald, Medsafe said Johnson & Johnson notified it of the recall but the company handled communications itself. This had included hand-delivering letters about the recall to the 31 surgeons trained in installing the device, advising 44 hospitals, and mailouts to 218 general orthopaedic surgeons.

"Medsafe agreed with the company that, because of the need for clinical assessment, this was the most appropriate and effective means of communicating the recall."

There were two versions of the ASR prosthetic, a total hip replacement and a hip resurfacing option. Both used the same critical component, a solid metal cup that replaced a patient's hip socket.

There are claims that the component was flawed in design.

The concern is that as the hip replacements wear, metal particles can be released, potentially destroying muscle and ligaments surrounding the joint and producing toxic levels of cobalt and chromium. There is no conclusive evidence either way about the health implications of high levels of these metals, though a British government health committee in 2006 said "it gave rise to concern because this may present a potential risk of carcinogenicity [cancer] in humans".

Patients have reported a range of ailments including skin conditions, headaches and hearing problems which they worry may be related.

Up to 50 New Zealand patients have this week instructed a London barrister to seek compensation in England where the ASR was made. ACC legislation prevents them from suing for pain and suffering here.

In the wake of the recall the spotlight is on the lax system of checks on medical devices. The problem is that artificial hips, breast implants and other devices which are implanted in people do not undergo the same rigorous tests as drugs.

Drugs have to go through years of clinical trials but " you could get a device through with a two or three-day literature review and no clinical data requirement", Carl Heneghan, director of the Oxford-based Centre for Evidence-Based Medicine recently told the BBC.

In an internal email written a year before the ASR was recalled, a Johnson & Johnson executive reported that the United States Food and Drug Administration had refused to approve the ASR after reviewing company studies that showed it had failed prematurely in "significant" numbers, The New York Times reported last month.

The email, which was among thousands of company documents released to lawyers suing Johnson & Johnson, noted there had been "a significant number of revisions in the ASR group" compared to "very few in the control group".

The executive noted that providing more information may not change the FDA's decision and might carry "additional downside risk" for the company. The August 2009 email referred to complaints about early failures. At that time the device was being questioned in Britain and in Australia, where regulators were pressing DePuy to remove the artificial hip there or face having it forced off the market.

Three months later, in December 2009, DePuy withdrew the ASR from Australia and New Zealand, citing flagging sales. In August 2010 it recalled the device worldwide. The hip had been implanted in 93,000 people worldwide.

The recall came after data from the England and Wales hip registry showed about 13 per cent of the ASR hips were failing within five years, more than triple the usual rate. The failure rate in Britain has since been reported to be 49 per cent and some experts predict all of them will need to be removed.

The US had requested clinical trials for the resurfacing version of the hip because that was a new procedure. Meanwhile this version was able to be sold elsewhere. While the clinical trials were under way, DePuy was able to market the total hip replacement version in the US from 2005 due to a regulatory loophole which allows through products similar to ones already on the market.

Throughout the episode the company blamed surgeons for the higher failure rate, saying doctors were not positioning the component properly. But the clinical findings rejected by the FDA came from ASR studies run by surgeons DePuy handpicked, including some who helped develop the implant and had received royalties and fees.

Concerns were raised last month in the British Medical Journal about all metal-on-metal devices where the pelvic cup and head of the femur are both made with a cobalt-chrome alloy.

The journal's investigations editor, Dr Deborah Cohen, wrote that "hundreds of thousands of patients around the world may have been exposed to toxic substances after being implanted with poorly regulated and potentially dangerous hip devices".

The use of metal grew because metal cups were more durable than plastic. But Cohen says the dangers arising from metal toxins escaping into the bloodstream as the device wears down has long been known. "Patients have been kept in the dark about their participation in what has effectively been a large uncontrolled experiment."

In response to the article, Britain's MHRA (Medsafe's equivalent) said there was "a small risk" of patients suffering complications from having metal-on-metal hip implants and recommended surgeons and doctors monitor them annually for the lifetime of their implant.

After studying metal hips in 2007, the regulatory body ruled that patients should sign a pre-surgery consent that spelled out the risks of metal debris. But, writes Cohen, the requirement was not communicated widely and no alert was put out to surgeons and patients.

Cohen says device regulation is not fit for the purpose and is in need of radical change. She quotes Nick Freemantle, professor of clinical epidemiology and biostatistics at University College, London: "Why is it that people are afforded different levels of protection depending on whether they have a heart attack, diabetes, or a hip replacement in their old age? The methods of device regulation seem to be more from the 1950s than the 21st century".

New Zealand's Health Ministry has been silent on the subject, leaving it to DePuy and surgeons. Consequently, some patients are still in the dark.

By Phil Taylor | Email Phil

Kiwi victims of failed hip joints target UK manufacturer
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Posted 14 April 2012 - 10:39 AM

Recall sparks hunt for hip patients
By Michael Dickison
5:30 AM Saturday Apr 14, 2012
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Doctors say they may struggle to find every recipient of metal implants which have a high rate of failure. Photo / Thinkstock
Forty-one New Zealanders are affected by a new international recall of a hip replacement device.

Medsafe said this week's recall, of Mitch THR hip implants, came amid an increasing scrutiny of similar devices.

A recall of ASR hip implants in 2010 affected more than 500 New Zealanders and led to class action lawsuits overseas.

"Companies are looking more closely at metal on metal replacements to see, in effect, if they behave the same way as ASR hips," said Dr Stewart Jessamine, Group Manager for Medsafe.

The Mitch hip implants have been found to have unacceptably high failure rates after three years, of 11 per cent in Britain.

The recall means the device will not be used in any new surgeries, and patients who already have the implants will need to be checked every year.

Dr Jessamine said the hip joint replacement was prone to loosening.

He said any recall of implanted devices was complicated by difficulties tracking down patients.


Only surgeons knew what kinds of replacements patients had received, for privacy reasons, and some patients would have shifted with no contact details available.

This was a big lesson from the ASR recall, Dr Jessamine said.

"We subsequently found out not all patients were contacted, so we're putting more resource and effort into trying to reach out to patients," he said.

"Globally, health regulators had possibly been a bit too dependent on the company getting all the advice out and the message out."

Medsafe would push the message through surgeons, GPs and other health sector channels as well as through websites and the media.

"We do have to accept at the end of the day, however, we're not always going to be able to get to every patient," Dr Jessamine said.

"Some would have moved to Australia, retired, passed away, changed their names ..."

The previous recall of the ASR device raised a controversy about how new medical devices were tested, verified and marketed.

There were lawsuits overseas, but New Zealand's no-fault ACC system has held back legal action here.

Hip recalls

ASR (2010): 507 New Zealanders affected
MITCH TRH (this week): 41 New Zealanders affected.

do not report that you have an allergy.
allergy is instant, inflammation, red, painful and pretty much straight away...acc will batter you sideways!

you need to use the word HYPERSENSITIVY TO THE METAL LEACHING, so please make sure your specialists/Gp use the right terminology...

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#4 User is offline   hukildaspida 

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Posted 08 June 2012 - 05:46 PM

http://www.nzherald....jectid=10811708

More faulty hip implants recalled
4:40 PM Friday Jun 8, 2012


Hundreds of Kiwi patients have had surgery to replace the failed coblat and chrome metal hip. Photo / supplied

A third metal-on-metal hip implant has been recalled by its manufacturer, affecting New Zealanders fitted with the device.

UK company Smith and Nephew has recalled a hip implant with a metal liner in New Zealand and worldwide, saying the R3 "is not performing as well as desired''.

139 of the implants were supplied to New Zealand.

It is the third such recall in recent years.

In April Medsafe announced a recall of 41 Mitch THR hip implants, and in 2010 525 ASR implants were recalled.

Medsafe, New Zealand's medicines and medical device regulator, said today that Smith and Nephew was contacting surgeons to alert them to the latest recall, asking them to contact affected patients and advising them of the need for greater monitoring of their patients.

Medsafe head of compliance management Derek Fitzgerald said many patients with R3 implants and other metal-on-metal implants would not be affected.

"The recall does not mean patients with the implant will necessarily require revision surgery. However, as a precaution, patients with this implant will be followed up more frequently by their doctor.

"If patients experience any discomfort or pain they should see their GP or surgeon as they normally would following any surgery on a joint,'' he said.

Medsafe said the three recalls represented less than 1 per cent of the hip replacements done in New Zealand in the past 11 years.

70,889 hip implants had been carried out in that time. Of those, 6225 had been metal-on-metal implants.

The Smith and Nephew R3 metal liners were first used in Europe and Australia in 2007, NZ in 2008 and globally from 2009.

Smith and Nephew recalled the product as the UK and Australian joint registries were reporting the metal liners, the bearing surface or cup, were having higher revision rates than for R3 implants that used other liners.

- APNZ
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Posted 04 October 2012 - 02:31 PM


Hundreds of NZ hip replacements are faulty
2:55 PM Thursday Oct 4, 2012
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Posted ImageEXPANDFile photo / ThinkstockAlmost 400 New Zealanders' hip replacements are faulty and patients who have the metal-on-metal implants will require more regular checks.

British manufacturer Smith and Nephew has said its Birmingham hip modular head (BHMH) used for total hip replacements was not performing as well as expected.

Medsafe, New Zealand's medicines and medical devices safety authority, said Smith and Nephew was in the process of contacting surgeons in New Zealand to notify them and ask them to contact affected patients.

Medsafe group manager Dr Stewart Jessamine said the fault with the metal-on-metal hip implants did not mean patients would require further surgery, but they would need more regular checks.

This is the fourth international action relating to the use of metal-on-metal implant components since 2010, with three actions happening just this year.

Dr Jessamine said there had been 486 of the BHMH implants supplied to New Zealand, and 396 had been registered for use in total hip replacements.

The BHMH device was first used in New Zealand in 2005.

Labour's health spokeswoman Maryan Street has renewed a call for an urgent inquiry into the safety of metal-on-metal hip replacement devices.

"This is the fourth time in three years that there has been worldwide action taken over these components, and the second since June."

More than 6000 New Zealanders have had the various metal-on-metal hip implants.

"Given the huge concern about the risks from these devices - and they are obviously greater and more widespread than previously thought - it seems only sensible and responsible to hold a full inquiry, looking into procedures around the acceptability of the implants, better and more comprehensive advice to all potentially affected patients and a check by the Ministry of Health that these patients have been approached by their surgeons."

- APNZ

http://www.nzherald....jectid=10838356





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Posted 01 December 2012 - 08:34 AM

and knee surgery

the time period for problems to occur is roughly 3 years...

http://www.drugwatch...cement/recalls/

ZimmerNexGen LPS, CR and MIS
Natural Knee SystemStrykerScorpio CR and PS components*
Duracon Total Knee*
Unicompartmental Knee System*Smith & NephewOxinium Genesis II and Profix II*
Journey Uni Tibial Baseplate*BiometVanguard CR*

the exact hardware within your body will be in your operation notes, within hospital records...so that the medical staff are aware of exactly which hardware was used....

you have legal access to your hospital records directly if you write an official information requests to the Hospital Medical Records Department...

the staff can access / photocopy these on your behalf....
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#7 User is offline   Gloria Mitchell 

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Posted 02 December 2012 - 07:43 PM

View Postnot their victim, on 01 December 2012 - 08:34 AM, said:

and knee surgery

the time period for problems to occur is roughly 3 years...

http://www.drugwatch...cement/recalls/

ZimmerNexGen LPS, CR and MIS
Natural Knee SystemStrykerScorpio CR and PS components*
Duracon Total Knee*
Unicompartmental Knee System*Smith & NephewOxinium Genesis II and Profix II*
Journey Uni Tibial Baseplate*BiometVanguard CR*

the exact hardware within your body will be in your operation notes, within hospital records...so that the medical staff are aware of exactly which hardware was used....

you have legal access to your hospital records directly if you write an official information requests to the Hospital Medical Records Department...

the staff can access / photocopy these on your behalf....



Your surgeon with also give you these details from your file.

Gloria
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#8 User is offline   Molly 

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Posted 29 January 2013 - 06:14 AM

Hi, I am new to this forum and recently found out I have the Asr device.
I have just registered with the helpline.
I would like to connect up with others in NZ who are also going through the process of monitoring and or revision.
Any comments, advise appreciated.
Regards
Karen




View Postnot their victim, on 14 March 2012 - 04:04 PM, said:

Kiwi victims of failed hip joints target UK manufacturer
By Phil Taylor
3:49 PM Wednesday Mar 14, 2012


Hundreds of Kiwi patients have had surgery to replace the failed coblat and chrome metal hip. Photo / supplied
A group of New Zealand patients caught up in what is predicted to be the world's biggest medical device failure are taking legal action against the manufacturer in England.

Twenty eight people who were implanted with the failed ASR hip joint are this week being interviewed by English lawyer Hugh Preston.

The patients have had surgery to replace the failed cobalt and chrome metal hip and a few have had multiple operations.

Many have high readings for cobalt and chromium and are concerned about possible related health consequences.

Mr Preston, a specialist in product liability and personal injury, said more New Zealand patients may join the legal action as they became aware they could sue under English law.

Worldwide 93,000 people were implanted with the hip, 507 in New Zealand.

New Zealand patients are unable to sue here because of ACC legislation. They can sue under English law because the joint was made in Leeds by English company DePuy, a subsidiary of world medical giant Johnson & Johnson.


Johnson & Johnson is paying medical costs of revision surgery related to its recall of the ASR hips.

Class actions seeking damages have been filed in the United States and Australia but in New Zealand compensation is covered by ACC which is limited to a small weekly disability payment and the cost of necessary modifications to a person's home.

The ASR hip was recalled in August 2010 when the rate of joint failure after six years reached 12 per cent compared to a normal rate of about 4 per cent. The failure rate in Britain has since been reported to be 49 per cent and Mr Preston said some experts are predicting all will fail by 10 years.

Touted as a market leader when it came into use in 2003, the ASR has since been linked to loosening of the joint, toxic levels of cobalt and chromium and damage to surrounding tissue.

Mr Preston, who is being instructed by Wellington firm John Miller Law, said he would first approach Johnson & Johnson to see whether the matter could be settled out of court.

The ASR hip failure is predicted by some product liability experts to top the $US1 billion cost that resulted from the recall of a Sulzer Hip in 2001. The ASR recall involves three times as many people.

By Phil Taylor | Email Phil

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Posted 29 January 2013 - 09:24 AM

Wellington firm John Miller Law,


Molly....Class action by John Miller Law...but, it might just be clients he already has on his books???


please phone the law company and find out


Mark has posted the details on another link for you...


thanks Mark..


good luck Molly
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#10 User is offline   hukildaspida 

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Posted 12 March 2015 - 01:43 PM

Faulty breast implants hit New Zealand taxpayers' pockets
DEIDRE MUSSEN
Last updated 05:00, March 3 2015

http://www.stuff.co....xpayers-pockets

Faulty breast implants and hip replacements may be to blame for a surge in claims for failed surgical implants that have cost taxpayers $6.4 million in the past 2 1/2 years.

Nearly half the 537 claims accepted by Accident Compensation Corporation in the past decade for failed implants have been since July 2012, about the time that two global health scares about metal-on-metal hip replacements and dodgy breast implants grabbed headlines in New Zealand.

In May 2012, the Ministry of Health revealed 18 Kiwi women had received substandard silicone breast implants by a then-retired Wellington plastic surgeon, who imported them in 2003.

The implants were made by French company Poly Implant Prosthese, which was shut down in 2010 after French authorities discovered industrial-grade silicone was used for about 300,000 implants sold worldwide, prompting an international outcry. PIP's founder, Jean-Claude Mas, was jailed for four years for fraud in 2013 and a multimillion-dollar international class action for damages is continuing against the German firm that certified the implants.

At least nine of the affected Kiwi women chose to have the implants removed, and all were recommended to speak to ACC about its cover for treatment, the ministry said in mid-2012.

ACC was unable to state yesterday how many of the 26 claims accepted since July 2005 for breast implant failures were PIP implants, although it previously confirmed it could cover ruptured breast implants if the injury occurred as a result of treatment by a registered health professional.

In June 2012, Medsafe and the New Zealand Orthopaedic Association publicly revealed that 525 ASR hip replacements were implanted in 400 patients between 2004 and 2010. The metal-on-metal implants were recalled worldwide in 2010 by a subsidiary of manufacturing giant Johnson & Johnson because of a high rate of replacement surgery. Three other types of metal-on-metal implants were also recalled in 2012 because of high failure rates.

By May 2012, ACC had accepted 14 treatment injury claims relating to metal-on-metal hip replacements, which had cost it $152,000.


"Please note having a prosthesis in place that is known to fail does not of itself constitute a physical injury - there must be evidence that the prosthesis has failed or is causing soft tissue damage," ACC said at the time.

That number was likely to have grown significantly since, because 42 per cent of conventional ASR hip replacements needed to be redone, according to the Orthopaedics Association's Joint Registry 15-year report, published in October last year.


It said metal-on-metal hip replacements had performed the worst of all hip replacements in New Zealand, including having a poorer survival rate.

ACC said it had accepted 408 hip replacement claims since July 2005, although it was unable to confirm yesterday how many were faulty metal-on-metal hip replacements. The highest number of ACC claims for faulty implants was in 2012-13, when 121 people's claims were accepted. The next year, 93 claims were accepted and, up to the end of January, 47 claims had been paid.

An ACC spokeswoman confirmed yesterday it had not sought costs from offending companies because it was a no-fault scheme.

An earlier version of this story incorrectly stated that the ACC scheme prevents Kiwis from joining international class actions in suing overseas firms for compensation. It does not.

- The Dominion Post
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#11 User is offline   hukildaspida 

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Posted 04 April 2016 - 04:03 PM

NZers eye Australian hip implant compo payment

10:36 am on 3 April 2016

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http://www.radionz.c...t-compo-payment

A compensation payment for hundreds of Australians fitted with faulty hip implants is giving hope to New Zealanders fighting for compensation from the same manufacturer.

Orthopaedic surgeon in operating theatre with replacement hip stem (file) Photo: AFP

The $A250 million ($NZ278m) settlement in Australia has ended a long court battle in that country against the company, DePuy International.

About 1700 Australians will be eligible to share in the settlement.

Of the 400 to 500 New Zealanders fitted with the device prior to a global recall in 2012, 25 are seeking compensation for damages.

Meredith Connell partner Liesle Theron said the win in Australia did help their case but they first needed to overcome a legal hurdle with ACC around compensation for personal injury.

Ms Theron said a hearing over whether they could seek compensation was set for later this year.

There was no admission of liability by the makers of the ASR DePuy hip replacements as a part of the settlement in Australia, the ABC reported.

DePuy International is a subsidiary of Johnson & Johnson.

- RNZ/ABC
Related

More decisions expected after hip implant recalls
Metal hip replacement device recalled
New Zealanders join hip replacement legal action
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#12 User is offline   hukildaspida 

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Posted 04 April 2016 - 04:28 PM

Five people with faulty hips take legal action against ACC

DEIDRE MUSSEN

Last updated 19:08, February 16 2016

http://www.stuff.co....gainst-acc.html

Hawke's Bay man Kerry Sellwood, 75, is fighting ACC to accept his medical injury claim for getting a faulty De Puy ASR hip implant.

Chronic pain after numerous surgeries because of a faulty hip implant forces Hawke's Bay ex-navy man Kerry Sellwood to down 16 painkillers a day.

"One time, my wife had to ring 111 because I was unconscious with pain," the 75-year-old says.

His life started turning into a nightmare within six months of having a metal-on-metal hip implant in 2008 to ease his osteoarthritis pain. After many patients worldwide suffered major problems with the same type of hip replacements, British-based manufacturer De Puy, a subsidiary of medical giant Johnson & Johnson, recalled its articular surface replacement (ASR) implants in 2010.

READ MORE:
* Hip implant class action gives Kiwis hope
* Faulty breast implants hit taxpayers' pockets

Since then, the Accident Compensation Corporation has accepted 75 of the 85 treatment injury claims for patients who had the recalled ASR implants by last October 30, but has rejected 10 patients' claims.

Sellwood and four others with rejected claims are taking their fight to the Wellington District Court this week in a bid to overturn ACC's decision, after all five had unsuccessfully appealed against its rulings.

He is one of a group of Kiwis who joined a class action in Britain to sue De Puy, but the courts rejected their bid because they can gain ACC compensation in New Zealand. As a result, he joined 19 other Kiwi claimants in filing court action in the High Court in Wellington in December to sue De Puy in New Zealand.

Last month, ACC said it had paid out $1,036,912 to 67 ASR hip claimants up until the end of last year. That averaged more than $15,000 per person.

But Sellwood says he is not out for money. He just hopes his court case will succeed and helps others in the same or worse predicament.


"Really, it's to make sure other people don't have to go through what we are going through. I just feel a bit depressed at times that ACC won't do anything at all."

After 27 years in the navy, he started a catering business with his wife in Hawke's Bay.

His hip replacement was supposed to be a wonder panacea, but within six months, he was in worse pain and eventually he had to retire.

After his surgeon contacted him in 2010 about the implant recall, he had it replaced with another type, but that also started causing him serious pain within three or four months after the revision surgery.

His hip has been cut open five more times since the first hip replacement to try to resolve his pain, leaving his hip with tissue and nerve damage. Nothing has worked.

"I'm in pain 24/7 and can't do anything without taking pills."

Sellwood lives with wife Heather in Waipukurau, but avoids driving further than a kilometre or two because he fears his strong pain drugs risk making him unsafe behind the wheel.

"It's just awful," he says of his life's restrictions.

Brittany Peck, of John Miller Law, said Sellwood and the other four patients were arguing that their faulty hip implants were treatment injuries.

"We are saying [ACC] is applying the legislation too rigidly. If you have a defective product implanted in you, that is a personal injury and you should have cover for that. No-one would consent to having a product put in them that has such a bad rap and there's a world recall.

"[ACC] is meant to be a safety net for people here, but they're being left out of it."

On Tuesday, an ACC spokeswoman said it was unable to comment publicly because the cases were currently being considered by the court.

- Stuff
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#13 User is offline   hukildaspida 

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Posted 07 April 2016 - 03:07 PM


Court date for faulty hip implant Kiwis


Wednesday, 06 April 2016
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The New Zealand Herald
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http://m.nzherald.co...jectid=11617719

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The DePuy hip joint has been recalled worldwide. Photo / Natalie Slade

Kiwis who received faulty metal-on-metal hip replacements have only a few more months to get behind a class action against manufacturer DePuy.

Orders made by the High Court at Wellington have set a date for September 16, 2016, for patients that received the faulty ASR implants to join proceedings.

So far 26 claimants have signed up, but hundreds of Kiwis are thought to have received the faulty implants.

Meredith Connell, the lawyers acting on behalf of the claimants, said in a statement compensation was being sought for bodily injury including metal poisoning and for financial losses, such as a loss of earnings and the cost of care, as well as exemplary damages.

Some of the recipients have been left with permanent disabilities.

Meredith Connell said while DePuy paid for the claimants' revision surgeries, implant replacements and some out of pocket expenses, it has refused to pay compensation that meets the recipients' major losses.


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A hearing has been set down for September 21 to 22 at the High Court in Wellington which will look at addressing key questions, including whether the ACC bar applies where harm is caused to a New Zealander by an offshore foreign company.

In overseas litigation DePuy has argued the ACC regime prevents New Zealand victims from suing for compensation.

However, the lawyers stated the company's actions in designing and manufacturing the implants took place out of the country and it had not contributed to ACC through levies or taxes.

A similar class action in Australia settled for A$250 million ($277 million) after a 17-week trial in the Federal Court last year.

Patients who were implanted with DePuy's ASR XL Acetabular System or ASR Hip Resurfacing System who would like more information or to join the claim should contact the ASR victims group through their lawyers, Meredith Connell on [email protected] or 04 914 0530.

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Posted 07 April 2016 - 03:08 PM

Deadline Set for ASR Hip Implant Victims to Join Proceedings
Tuesday, 5 April 2016, 5:17 pm
Press Release: Meredith Connell

http://www.scoop.co....proceedings.htm

MEDIA RELEASE
5 APRIL 2016

Deadline Set for ASR Hip Implant Victims to Join Proceedings


Patients who received faulty ASR metal-on-metal hip implants have until 16 September 2016 to join the New Zealand proceeding against the manufacturer, DePuy, according to orders made by the High Court at Wellington. As of today 26 claimants have signed up to the claim.

A hearing has been scheduled for 21-22 September 2016 to determine preliminary questions, including whether the ACC bar applies where harm is caused to a New Zealander by the conduct of a foreign company outside New Zealand. In litigation overseas DePuy has argued that the ACC regime prevents New Zealand victims suing for compensation. However, DePuy’s actions in designing and manufacturing the ASR implants took place outside New Zealand, and DePuy has not contributed to the ACC scheme by paying levies or taxes in New Zealand.

The New Zealand based claimants are seeking compensation for bodily injury including metal poisoning and for financial losses, such as loss of earnings and the cost of care, as well as exemplary damages.

Some of the recipients have been left with lifetime permanent disabilities. DePuy, a global subsidiary of Johnson and Johnson, has paid for the claimants’ revision surgery, to replace the ASR joints with safe implants, and some of the claimants’ out of pocket expenses, but has refused to pay compensation that meets the recipients’ major losses.

On 31 March 2016, the settlement of the Australian class action against DePuy was announced. That case has settled for $250 million after a 17 week trial in the Federal Court last year.

Patients who were implanted with DePuy's ASR XL Acetabular System or ASR Hip Resurfacing System who would like more information or to join the claim should contact the ASR victims group through their lawyers, Meredith Connell on [email protected] or 04 914 0530.


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