Farmer sues firm over allegedly defective hip implant

A farmer who claims he received an allegedly defective left hip implant has sued for damages. Patrick Walsh (79), Tinnislatty, The Rower, Co Kilkenny, has brought his proceedings at the High Court against DePuy International Ltd of Leeds, England.

The metal-on-metal contact between the components of the DePuy hip replacement parts meant metallic flakes went into the bloodstream, Pat Treacy SC, for Mr Walsh, said. At one stage, the levels of chromium and cobalt in Mr Walsh’s blood were “at a critical level”, Mr Treacy added.

In his claim, Mr Walsh alleges DePuy knew or ought to have known of the alleged dangerous defect inherent in the product prior to his operation on October 1st, 2007, and should have discontinued the use of the product prior to that date. He has also alleged failure to warn adequately, or at all, of the risks associated with its hip implants.

DePuy has denied all the claims and pleads the replacement hip was not defective and when the product was used it was in accordance with the approved level of scientific research at the time.

Mr Walsh has also lodged a claim for aggravated damages on grounds alleging the product should not have been used on him as, he alleges, DePuy knew it had distinct problems that required intervention. It is also alleged there was delay in treating Mr Walsh and he had revision surgery only after he got a second opinion privately.

Opening the case, Mr Treacy said DePuy recalled the product on August 27th, 2010, and a clinic was set up for those who had got the metal type hip implants. When Mr Walsh was recalled, he was showing no signs or symptoms associated with an adverse reaction.

However, on testing, his cobalt levels were 13 times over the normal and his chromium levels were seven times over what they should have been, Mr Treacy added.

The case before Mr Justice Kevin Cross continues.