Courts / Clare / Report

High Court to rule on application that may affect cases taken against hip manufacturer

Date
2014-12-04
Stage
Hearing Or Decision
Primary locality
Ennis
County
Clare

Summary

The High Court will decide early next week on a preliminary application that could affect many cases against DePuy International Ltd, a Johnson & Johnson subsidiary, over allegedly defective hip replacements. The case involves Ms Randa Murphy from Ennis, who has brought a claim for damages after receiving a DePuy ASR resurfacing hip implant in 2005 and subsequent surgery in 2010. DePuy's lawyers argue that Murphy failed to obtain a Personal Injuries Assessment Board (PIAB) certification before filing her claim, and therefore the action cannot proceed as a medical negligence claim because DePuy is a manufacturer, not a health service provider. Murphy's counsel rejects this requirement and seeks to have the issue heard separately. The judge will consider the matter and give a decision next week.

Who, what, where, when and why

What: Report matter: High Court to rule on application that may affect cases taken against hip manufacturer. Procedural stage: hearing_or_decision

When:

Why: In its defence to Mrs Murphy's claim, DePuy's lawyers argue that because Ms Murphy failed to obtain a certification from the Personal Injuries Assessment Board, before bringing her damages claim against DePuy, her case cannot proceed. Defence account reported by CNI

Places mentioned

Court Venue
  • Aodhan O'Faolain The High Court
  • High Court
Residence

Topics

Stage Hearing Or Decision

Related court reports

Read the original CNI report

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