The settlement of a class action for faulty DePuy knee implants has been approved by a judge in Australia´s Federal Court enabling compensation payments to get underway.
The DePuy class action suit was started in March 2010 by claimant Pamela Casey, who was just one of a number of individuals who had undergone revision surgery due to the failure of the DePuy LCS Duofix Femoral implant. There was a worldwide recall for the knee implant in July 2009 after higher than anticipated failure rates were seen in Australia – possibly due to Alumina particles within the implant creating pain and swelling in the area around the knee joint.
Under the terms set down within the settlement, DePuy are to pay A$30,000 to claimants who underwent one correction to the faulty knee implant but required no extra surgery. Claimants who were in need of two or more surgical procedures following the initial corrective surgery are to receive A$65,000, and claimants who have suffered complications or loss of amenity will have their claims for faulty DePuy knee replacements compensation assessed on an person-by-person basis.
After reviewing 430 inquiries into the proposed compensation settlement Justice Robert Buchanan approved the agreement, which had been struck in August in the Pamela Joan Casey v. DePuy International Ltd class action lead case. The Judge stated in his summing up that none of the few complaints he received gave reason not to go ahead approve the settlement of compensation for faulty DePuy knee implants.