Go-ahead for alternative dispute system over defective implants

A High Court judge has given the go-ahead for a new voluntary alternative dispute resolution system aimed at settling more than 1,000 cases brought against DePuy International over allegedly defective hip implants.

The move is aimed at freeing up the High Court personal injury list and ensuring the cases against DePuy International will be decided speedily.

A retired High Court judge is to be asked to oversee the scheme, which will have a team of evaluators examine all medical reports submitted.

A decision on claims will be made within six weeks of receipt of all documentation.

At six-month intervals, the manager of the scheme will have to report to the chairperson on progress achieved including the number of cases dealt with and whether they have been rejected, accepted or processed.

Previous warning

At the High Court on Wednesday, Mr Justice Kevin Cross, who previously warned if a dispute resolution system was not put in place it could be several years before all the cases were heard in the High Court, urged all those involved to put the scheme in train immediately.

Mr Justice Cross heard submissions from senior counsel and solicitors representing hundreds of parties who have taken proceedings over alleged defective hip implants.

John O’Mahony SC said some plaintiffs are extremely aggrieved and angry. He said they are entitled to the benefit of the general system and should be able to claim aggravated damages. There should be provision within the scheme for oral testimony to be taken, he said.

Michael Howard SC, for DePuy, said the company does not accept these products are defective in every case.

Oral testimony

DePuy had no difficulty in boosting the number of evaluators to 10, counsel added. Referring to the request to permit oral testimony, Mr Howard said the Alternative Dispute Resolution system is paper-based and if any participant could ask to have oral testimony taken, that could render the process unworkable.

Mr Justice Cross said he was very anxious that the system be set up as soon as possible.

He said the scheme will be voluntary and that, even if two cases were fixed to go ahead in the High Court every week, he would be past his retirement age before all the cases in the pipeline were resolved.

DePuy had set out a scheme and he congratulated all sides for taking part in the process. He said he did not believe it was appropriate to include claims for aggravated damages in the scheme.