A judge ruled that manufacturer DePuy was not liable to the 312 patients who claimed they had been injured by the implants. Claimants say the metal-on-metal hips were defective and meant some patients needed more surgery than necessary. The Pinnacle Ultamet replacement was withdrawn from sale in the UK in 2013. 312 people said they had had to have remedial surgery after it had failed prematurely.
Mrs Justice Andrews said they had failed to prove the hip joint:
– “did not meet the level of safety that the public generally were entitled to expect at the time when it entered the market in 2002”
– “carried with it an ‘abnormal risk’ of damage, as alleged”
DePuy was “pleased” with the result.
But lawyers for the claimants, Leigh Day, said they were “extremely disappointed” by the judgement and were in touch with their clients “to see what next steps could be taken”.
“It is genuinely concerning that the DePuy Pinnacle metal-on-metal hip replacement, which no clinician would now use, from a product group the orthopaedic profession has rejected for the serious harm it can cause, is deemed safe by this judgement,” they said.
Last year, the Medicines and Healthcare products Regulatory Agency said every patient with a metal-on-metal prosthetic hip should have regular check-ups to spot any complications.