Injury Compensation News

Class Action for Faulty DePuy Knee Implants Settled in Australia

December 24, 2012

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.


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102 Year Old to get Hospital Injury Compensation for Premature Hospital Discharge

June 23, 2012

A 102 year old woman has been awarded hospital injury compensation for a premature hospital discharge after she was sent home from a hospital accident and emergency department despite having sustained a broken pelvis.

Lydia Eaton from Wigmore in Kent was taken to the Medway Maritime Hospital in Gillingham in March 2007 after falling near her home which resulted in a broken pelvis. Medics at the hospital tended to Lydia and discharged her after just eight hours, due to which – it was claimed in London´s High Court – Lydia´s condition deteriorated both physically and mentally and caused her to be moved to a specialist care home the following month.

Lydia´s daughter, Elaine Griffin, brought a compensation claim for premature hospital discharge compensation against the Medway NHS Trust, alleging that her mother was only provided with painkillers which made her ill and lose a considerable amount of weight. Elaine also claimed that, as Lydia´s condition worsened, she developed sores and ulcers, and neither support nor advice was forthcoming from the hospital on how to deal with the situation.

Judge Sweeney at the High Court heard that, as Lydia lost the ability to walk independently, she was moved to a second care home where she receives constant help and supervision. He agreed with the arguments made by solicitors representing Lydia and Elaine that, had it not been for the negligence of medical practitioners at the Medway Maritime Hospital, Lydia would still be able to walk.

Awarding Lydia 35,000 pounds in hospital injury compensation for premature hospital discharge, Judge Sweeney ordered that the funds be placed in trust to pay for Lydia´s care.

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Wrongful Death Injury Compensation Claim Admitted By Hospital

February 23, 2012

The family of a man who died in hospital due to “an unjustifiable delay” in his treatment have received an apology from the hospital in question and £400,000 award in settlement of their wrongful death injury compensation claim.

Barry Murphy, aged 38, was known to suffer from Crohn´s Disease – but was generally in good health – when he was admitted to the Hospital on the morning of 24th April 2008 complaining of abdominal pains. Barry was diagnosed as having a perforated bowl but, by the time the hospital operated on him, parts of his body had already shut down due to septic shock and he died at 11.15pm that evening.

His widow, Mary, claimed that the hospital had not cared for her husband by failing to operate on him in time, and that they were guilty of medical negligence in the wrongful death of her husband. The Hospital initially argued the claims, but in front of Mr Justice John Quirke at the High Court apologised to the family and admitted that the level of care that was provided for Barry fell short of an acceptable standard.

The apology and admission of liability for Mary Murphy´s wrongful death compensation claim was accompanied with an offer of compensation for delayed treatment amounting to £400,000. Mr Justice John Quirke approved the award, once he had Mary Murphy´s agreement that it was acceptable, and extended his sympathies to Mary and her two daughters – commenting that what had happened to Barry was “unthinkable” and “tragic”.

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