The Health Service Executive (HSE) has changed its position on the signing of DePuy ASR patient consent forms following pressure from patients and personal injury solicitors in Ireland.
Together with the Independent Hospital Association of Ireland, the HSE has announced it is recalling the old DePuy ASR patient consent forms and issuing new ones which no longer include the condition that the explanted DePuy ASR hip replacement be returned to DePuy Orthopaedics. Despite the change, patients intending to make DePuy hip recall compensation claims should not sign the DePuy ASR patients consent forms without first taking legal advice.
The current offer of hip replacement injury compensation from DePuy Orthopaedics covers the medical costs associated with testing for a failed hip replacement system, revision surgery where necessary, and “reasonable and customary” expenses for patients who have to take time off from work, travel long distances and require overnight accommodation for their examinations and surgery.
There is no consideration in the DePuy compensation offer for the pain and suffering caused by a faulty hip replacement system before, during and after surgery, and long periods of rehabilitation which may result in a considerable loss of income. Furthermore, the new DePuy ASR patient consent forms free DePuy, the HSE and Independent Hospital Association of Ireland against any future claims for DePuy hip replacement compensation.
Should high levels of chromium and cobalt from the failed hip replacement systems cause damage to any other of the patient´s organs after surgery has taken place, the new DePuy ASR patient consent forms would indemnify all three parties from future legal action. As there is a case for claiming medical negligence compensation against the HSE as well as claiming product liability compensation against DePuy Orthopaedics Inc., DO NOT SIGN THE DEPUY ASR PATIENT CONSENT FORM without first taking legal advice.