A High Court judge has urged all those involved in legal actions over allegedly defective DePuy hip implants to find "innovative ways" to resolve them rather than clog up High Court lists. There are 73 cases pending for hearing and an estimated 1,000 cases in total.Mr Justice Kevin Cross asked all sides involved in the DePuy litigation to seek innovative means of resolution after he heard DePuy International would bring a motion before the court in two weeks offering alternative dispute resolution.
If the cases went ahead individually, he said, it would take years to clear them. Each case on its own would take three to four weeks. “Because of resources it will take a long time. I urge the parties to be as innovative as possible or we will be drawing our pensions or worse before they are all resolved,” the judge added.
If the cases proceeded, a judge could be assigned to hear them or, if an alternative resolution was decided upon,the court would consider whether a judge should oversee that, he said. If court litigation was the only vehicle, that would have a knock-on effect on other litigants.
In August 2010, DePuy issued an international recall for all ASRXL and ASR hip implants, of which 95,000 had been sold worldwide. An estimated 3,500 DePuy products had been used in Ireland, a higher proportion than in many other countries.
Michael Howard SC, for DePuy International, said DePuy would propose an alternative dispute resolution process instead of court action. It would be a voluntary process and, if an award was made, that would have to be accepted, he said. Mr Howard said he would bring a motion before the High Court in two weeks which would outline the full proposal. There were a number of alternatives, including allowing test path-finder cases to go ahead, he added.
Mr Justice Cross said it was vital these cases be dealt with as soon possible and a system of fast-tracking path-finder cases could be considered. It was essential in the interests of justice for everybody, but particularly for those suing in relation to alleged defective implants, the matter is resolved.
He would discuss the situation with the president of the High Court, Mr Justice Nicholas Kearns, he added.