A dispute resolution system proposed by DePuy International to settle more than 1,000 potential hip implant cases has been called “manifestly unfair” by a Cork solicitor, the Irish Independent reported Friday.
The High Court heard that DePuy wanted the hearing dates of over 70 cases now pending over allegedly defective hip implants to be set aside if its alternative resolution system was accepted by the court. Justice Kevin Cross in October urged DePuy and litigants to find “innovative ways” to resolve the cases by Dec. 16 rather than spend years in court.
Cork solicitor Ernest Cantillon said DePuy's application failed to acknowledge the years of pain and suffering of many of those who have sued over the implants, according to the Independent.
In an affidavit cited by the publication, Cantillon said DePuy was asking the court to put “unjustifiable pressure on plaintiffs,” many of whom are vulnerable and elderly, “to abandon their right of access to the courts in favor of a manifestly unfair alternative dispute resolution process.”
Cross had ruled that 72 cases pending hearing will proceed but the court will not list any more DePuy cases for trial. He would consider proposals if the solicitors representing litigants wanted to come together and present a plan to the court, saying he wanted a process that was fair to both sides, according to the Independent.
The judge said more than 100 cases have been settled of the over 1,000 potential cases in Ireland, most recently that of an elderly farmer from The Rower, County Kilkenny. On Nov. 4, the Irish Times reported Patrick Walsh, 79, settled his claim against DePuy on undisclosed terms and his case was removed from the court docket, and that another two cases were settled and could also be struck out.
The judge congratulated the parties for taking a “sensible approach,” the Times reports.
(Story By The Times Union)
