Courts / Clare / Report
Ruling could halt dozens of actions against makers of allegedly faulty hip replacements
Summary
In a High Court ruling, Justice Mary Faherty held that Ms Randa Murphy's claim against DePuy International Ltd. for alleged injuries from a faulty hip replacement required prior authorisation from the Personal Assessment Injuries Board (PIAB). The judge noted that Murphy's claim centred on the manufacture and supply of the implant, not on medical negligence or a health‑service provision, and therefore fell under the PIAB's jurisdiction. DePuy argued that because it was not a health‑service provider, no authorisation was needed, but the court rejected this. The decision means up to 50 cases lacking PIAB authorisation may be barred. Murphy, from Ennis, had already obtained authorisation in parallel proceedings, and the matter was adjourned for parties to consider the ruling. The ruling may affect other Irish cases involving DePuy's recalled hip‑replacement systems.
Who, what, where, when and why
What: Report matter: Ruling could halt dozens of actions against makers of allegedly faulty hip replacements. Procedural stage: trial
When:
- October 2005 Other
- May 2010 Other
- 2015-01-21 Publication
Why: In its defence to Mrs Murphy's claim, DePuy's lawyers argued that because Ms Murphy failed to obtain an authorisation from the board before bringing her damages claim, her case could not proceed. Defence account reported by CNI
Case subjects
Applicant
Outcome: The judge adjourned the matter to a date early next month to allow the parties consider the ruling.
Places mentioned
- High Court
Topics
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