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Hip implant patients to lose out on claims

Fears are growing that hundreds of Irish patients who received faulty hip replacements from a global medical device giant may lose out on six-figure compensation packages because they are unaware of the looming deadline for claims.

Recent figures have revealed that of the 3,317 patients in this country who received DePuy implants, 357 have had them replaced and another 166 have been pencilled in for revisions.

But only upwards of 100 patients damaged by the scandal are understood to have filed claims against the international medical parts manufacturer.

With less than four weeks remaining before the August 24 cut-off point for filing claims, concerns have been raised that some patients may not be aware of the impending deadline and may miss out on an estimated €100,000 compensation package.

And warnings were issued over the weekend for patients to act immediately, as accessing vital medical files as part of the legal process for each claimant is likely to cause further delays.

Cork-based solicitor Declan Duggan said: “On behalf of several affected patients, we are taking precautionary action to file claims and thereby stop the clock.

“To do so before August 24, medical records have to be reviewed and a number of legal steps are required to be taken. It is urgent that patients act now, so as not to be deprived of their rights.”

The scandal surfaced almost two years ago when DePuy issued a recall of hips that had been implanted surgically in 93,000 patients worldwide over an eight-year period.

For many patients, this meant a second operation to remove the offending materials, and implantation of new parts.

Common symptoms faced by affected patients — believed to be triggered by increased levels of particles of chromium and cobalt in the blood — include pain, discomfort, infections, fractures, pseudo-tumours, and difficulty walking.

But the possible long-term effects for patients who have metals in their bloodstream is not yet fully known.

Although DePuy has agreed to cover the medical bills and associated costs of those needing corrective surgery, patients have not received offers of compensation.

Mr Duggan added: “No offers of compensation have been made for the pain experienced before, during, and after the repeat surgery or for the distress and uncertainty endured.

“The majority of patients will be unaware that there is a two-year time frame for filing legal claims to protect their rights.

“There are exceptions to the two-year rule, but for many the deadline will mean that their rights to claim compensation will have passed if they do not act immediately.”

Ireland has a 15% failure rate for hip replacements, which is broadly in line with percentages elsewhere.

A total of 30 hospitals here had used the product before it was recalled on Aug 24, 2010 and it is understood that approximately 700 of the Irish patients are having their blood monitored.

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