Hundreds of claimants were left disappointed today after the high court ruled that the metal on metal hip replacements they had received were not ‘defective’.
Mrs Justice Geraldine Andrews ruled that the hip replacements were not responsible for the appearance of “abnormal” responses in some patients. This comes after hundreds of patients fitted with metal hip replacements started to complain of pain and difficulty walking or exercising after normal use of the metal cup and ball used in the hip replacement.
The metal on metal replacement has been at the centre of investigation and complaint with the British Medical Journal investigating in 2012. It was found that patients’ health was at risk because some regulators and bodies were prepared to license potentially dangerous implants. It was alleged that the use of metal in the replacement meant that continued wear would release metal particles into the tissue surrounding the joint, resulting in pain alongside other symptoms.
Dr Frank Chan raised a concern that the failure to properly clean the metal-on-metal system during laboratory testing could have caused friction within the joints that would have had “important clinical ramifications” for recipients of the device.
Around 23,000 of the devices fitted since 2003 were types made by DePuy, the company in question, who are part of medical giant Johnson & Johnson. However, hundreds of other claims against different manufactures had been postponed whilst waiting for the first ruling on a case of its kind to be given. This leaves claimants uncertain about their future claim and with no explanation about the cause of their injuries.
Moosa-Duke Solicitors are specialists in clinical negligence law. If you believe that you or a family member have been a victim of negligence, both privately or under the NHS, please do not hesitate to contact us on 0116 254 7456, so that we can discuss your concerns.