A class action compensation settlement for faulty DePuy medical device has been approved by a judge in Australian Federal court which will allow compensation payment for faulty DePuy knee implants to get underway.
The class action lawsuit action was initiated in March 2010 following the worldwide recall of the DePuy LCS Duofix Femoral knee replacement in July 2009. The recall was issued after a higher proportion of failure than anticipated was noticed after the knee implants were used in surgical operations – the possilbe cause of this being Alumina particles in the replacement.
Under the specific terms of the class action settlement, DePuy are to pay A$30,000 to claimants who had one revision to the faulty knee implant but needed no further surgery. Claimants who needed two or more surgical procedures following the first revision procedure are to receive A$65,000, and claimants who have undergone significant complications or loss of amenity will have their claims for faulty DePuy knee implant compensation assessed on an case-by-case basis.
The presiding Judge in the case, Justice Robert Buchanan approved the agreement in the class action case – which had been agreed upon in August in the Pamela Joan Casey v. DePuy International Ltd class action lead case – after looking into 430 inquiries into the suggested compensation settlement. Commenting in his final remarks on the case he said that none of the inquiries gave him due cause not to approve the compensation settlement for faulty DePuy knee implants.
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