NZers in hip suit

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% compared with a normal rate of about 4%. The failure rate in Britain has since been reported to be 49%, 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.

 

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