Kiwis with faulty DePuy hip replacements urged to join class action

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.

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 hips@mc.co.nz or 04 914 0530.

NZH