Dozens of hip implant cases depend on outcome of appeal

The fate of dozens of cases against the makers of an allegedly defective hip replacement depends on the outcome of a court hearing today.

Three judges of the Court of Appeal are due to hear an appeal by a woman who says she has suffered severe ongoing pain following hip surgery. Her appeal is against a High Court ruling limiting her claim.

Randa Murphy, from Ennis, Co Clare, is suing DePuy International Ltd, owned by Johnson & Johnson, makers of the controversial replacement hips that were the subject of an international product recall in 2010.

Last January the High Court ruled Ms Murphy’s claim required authorisation from the Personal Injuries Assessment Board (PIAB) before it could proceed to a court hearing. That decision, if confirmed by the Court of Appeal, could lead to a number of similar cases being struck out.

Ms Murphy received a DePuy ASR resurfacing hip implant system in 2005 and underwent further surgery in 2010 to deal with the pain she experienced.

In the case, lawyers for DePuy argued successfully that her case could not proceed because she had failed to obtain authorisation from the PIAB.

All injury claims, except medical negligence claims, must obtain authorisation from the board before they can proceed. DePuy’s lawyers argued medical negligence was not involved because it was the manufacturer of the product and not the provider of a health service.

Earlier this month the company settled a case with a retired Co Tipperary man over his allegedly defective hip replacement. The settlement with John Heeney was made on confidential terms.