Why Claim Hip Replacement Compensation

Anyone who has had a hip replacement with implants using ASR XL Acetabular and the

ASR Hip Resurfacing systems which has developed problems may have a strong case for claiming hip replacement compensation.

The two systems were developed by DePuy Orthopaedics, a subsidiary of Johnson and Johnson, in 2003. Even though they had been thoroughly tested patents developed problems, some serious, and the systems were made subject to a hip replacement recall in July 2010, seven years after their introduction.

The problems suffered by patients fitted with DePuy hip replacements include extreme pain, swelling, the cup loosening, fracture of bones around the implant and metallosis - which is blood poisoning caused by the implants. Some have even had to undergo remedial surgery because of the effects.

Even those who had the implants but have so far not suffered any problems may have detrimental effects later in life. So if anyone has had a DePuy hip replacement fitted, or suspect they might have, it is essential that they make an enquiry about putting in a hip replacement compensation claim as quickly as possible, whether or not adverse physical effects have been suffered. And it should be noted that successful compensation claims have already been made following the DePuy hip replacement recall.

Before making such a claim the claimant should first check if he or she has been fitted with either the ASR XL Acetabular or the ASR Hip Resurfacing systems. This can be done by contacting the surgeon or the hospital where the operation was performed. It is also important to have a blood test to ascertain whether metallosis - a symptom of the DePuy implants - has set in.

There are several factors which may affect a hip replacement compensation claim and the level of compensation awarded. These include loss of earnings caused by the impact of the DePuy hip replacement systems, the need for any remedial surgery as well as injury and distress.

Those victims of the hip replacement recall may be entitled to make a claim for medical negligence as well as for defective product liability. This means, in broad terms, the claimant has up to three years to make a claim. However, it is in their own best interest to take proceedings as quickly as possible.

There are solicitors who specialise in representing clients in making hip replacement claims. Some legal practices handle these cases on a no win no fee basis. This means that if the claim is lost the client will not have to pay any legal fees. If it is successful the fees will be paid by the other side.

by: Tim Bishop

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