Tipperary man settles High Court hip replacement case

67 year old John Heeney sued the hip replacement manufacturers, DePuy International Limited and the HSE in the first of a number of cases over the company's hip products.

The court heard that Mr. Heeney, a retired railway signalman, was given a DePuy ASRXL replacement hip in July 2008 and two months later was suffering pain which got progressively worse.

Following attempts to deal with it through medication over the next two years, the artificial hip had to be removed in October 2010 in an emergency operation and replaced with a device from another manufacturer.

In August 2010, DePuy issued an international recall for all ASRXL and ASR type products, of which 95,000 had been sold worldwide, the court was told.

Around 3,500 DePuy had been used in Ireland, a higher proportion than in many other countries

The HSE denied negligence and also denied it was aware of the failure rates for the product or that it failed to obtain appropriate consent for the replacement procedure.

The HSE also claimed that if Mr Heeney suffered damage, liability rested with DePuy.

The case began in the High Court yesterday, but following talks the court was told the matter had been settled and could be struck out with an order for costs.

Lawyers for Mr Heeney said the details of the settlement were confidential.

The court also heard that as part of his damages action, Mr Heeney, whose wife is now his carer, claimed €16,000 in special damages for past and future care.