Defective Products. Leading lawyers in defective products and consumer goods

Transcription

1 We re Leigh Day and we believe everyone has the right to justice and for their voice to be heard Defective Products Leading lawyers in defective products and consumer goods This heavyweight claimant firm has a well-deserved reputation in the field, and has the experience to handle this type of group litigation on an international level. Chambers and Partners

2

3 Our expertise and experience Leigh Day has one of the UK s largest dedicated teams of specialist and expert product liability lawyers. With 25 years of experience in running product liability and group actions, we have seen first-hand how the failure of medical devices, drugs and consumer goods devastates people s health, families and their future. We only represent claimants. We never represent defendants. We are consistently ranked in the top position for defective product claims by the Legal 500 and Chambers and Partners independent guides to the legal profession. We can act for clients on a no win, no fee basis. We have a high success rate, often settling our cases out of court. Each case we take on is both an individual fight for justice and collectively another building block in our campaign for patient safety and consumer protection. We have extensive cross-jurisdictional experience, and have represented overseas clients against UK companies. We are the lead solicitors in the UK for the DePuy ASR, DePuy Pinnacle, Corin Cormet and Birmingham THR hip group actions. If you think you have sustained an injury or have suffered losses due to a defective product, please call us to discuss the possibility of making a claim. Our friendly, professional team will be happy to speak to you on a free, confidential basis for an initial consultation. 2012

4 Our commitment to you At Leigh Day, every client s case is unique. We recognise that taking legal action can seem a frightening step into the unknown. Our role is to act as your experienced guide through the process. Our aim is to conclude your claim as swiftly and professionally as possible. Our service to you is built on a number of key principles: Listening and communication We take great care to listen to you and understand your circumstances. We try to explain the legal process in a straightforward way without legal jargon, and keep you fully informed of the progress of your claim. Providing a personal service We pride ourselves on our excellent relationships with our clients. We combine outstanding legal advice with support, understanding and compassion. Tailoring a team to meet your needs We recognise that a combination of skills is needed to succeed, so we tailor a team to meet the requirements of each case, whether it is to be pursued individually or as part of a group.

5 Medical Devices We have extensive experience in representing large numbers of people who have reported severe medical problems after being fitted with medical devices that have failed. The Consumer Protection Act 1987 was brought into English law to provide protection to individuals who have been injured by a medical device, if it can be proved that the product was defective and that it was responsible for the injuries suffered. Such devices can include: Replacement hip joints Replacement knee joints Heart devices, such as pacemakers, valves and defibrillator leads Medical apparatus used in the treatment or follow-up care of patients Contraceptive devices Corneal implants Cosmetic implants We are currently representing clients in claims relating to the following medical devices: Depuy ASR and Pinnacle hips Zimmer Durom, Corin Cormet, Birmingham THR and Wright Conserve hips Biomet hip and ankle implants Zimmer NexGen knee components Medtronic Sprint Fidelis Implantable Cardioverter Defibrillator heart leads St Jude Riata Implantable Cardioverter Defibrillator heart leads

6 Hips We are currently representing hundreds of patients who have experienced significant difficulties and pain following hip replacement or resurfacing surgery due to the early failure of their metal-on-metal hip components. Symptoms experienced by our clients when their hips are failing include groin pain, difficulty walking, swelling, clunking or grinding, and numbness or loss of sensation in the leg. Many of our clients have also had to endure early revision surgery to resolve these problems. The failed medical devices include the DePuy ASR, DePuy Pinnacle, Biomet M2A-38 and M2A-Magnum, Birmingham THR, Zimmer Durom, Corin Cormet and Wright Conserve hip implant and resurfacing systems. We will be seeking to obtain compensation on behalf of our clients for pain, suffering, and financial loss. Case Study: Barbara s story Barbara underwent a left hip resurfacing operation in October 2008, during which she was implanted with a DePuy ASR component. At first, she was very pleased with the results. In March 2009, approximately 5 months after her operation, she started to experience hip pain again which progressively deteriorated. All the compensation in the world will not make up for the fact that I now have to use a wheelchair. Even so, I feel it is important to me that I obtain the full extent of compensation that I am entitled to. Barbara By January 2010, Barbara s pain was significant, unlike anything she had suffered with before and she was then told by her surgeon that she needed revision surgery urgently. Barbara had her revision operation in March 2010 just 17 months after her initial operation. Following her revision, Barbara s pain continued unabated and she underwent a further operation in Despite this, there has been little improvement and she remains in significant pain and is now confined to a wheelchair.

7 Faulty Consumer Products The law provides that goods supplied to consumers have to be of the right standard of safety. We have represented many people who have been affected by faulty consumer goods, and have secured significant sums of compensation for injuries and damage to property. We are currently representing individuals and families who have suffered devastating losses following house fires. The involvement of the following household appliances is being investigated: BEKO fridge-freezers BEKO tumble-dryers Bosch dishwashers Laptops Heaters We are also instructed by clients who have suffered injuries following their use of products such as hair dye, baby cots, deodorants and vitamin supplements.

8 Drugs Pharmaceutical companies spend millions of pounds in developing new products, however drugs do not always work in the way they should and patients who use them sometimes develop severe side-effects. We have a long and successful history in pursuing claims against pharmaceutical companies when things go wrong. Recent successes include claims which Leigh Day settled on behalf of a number of Parkinson s disease sufferers following their use of the drug, ReQuip. Our clients alleged that the drug caused psychiatric injury which led to large financial debts and a devastating effect on their personal lives. Thalidomide Leigh Day is currently working with Russell Jones and Walker to obtain justice for hundreds of victims of the Thalidomide Drug. The damage occurred when the mothers of the victims took the drug back in the 1950s and 1960s to alleviate morning sickness. The drug caused terrible birth defects to the offspring born during the period. Acomplia (Rimonabant) Diet Pills The team at Leigh Day is acting for a group of individuals who have suffered debilitating psychiatric effects following their use of the diet drug Acomplia.

9 Clinical trials Clinical trials conventionally take place before a new medical product is granted a licence in the UK and are typically organised to test the safety of new drugs and medical devices on humans. Participants can be healthy volunteers or sick patients. While clinical trials are a vital part of continuing the development of modern medicine, it is important that they follow strict practice guidelines. If these guidelines are breached and an individual becomes ill or injured, they have the right to seek compensation. Our team has successfully acted for a number of claimants who have suffered injuries following their participation in clinical trials. We have been involved in the most high profile clinical trial cases of recent history, such as the cases of four clinical volunteers who suffered life threatening injuries during their participation in the notorious TGN1412 drug trial at Northwick Park Hospital. We also represented over 200 British military veterans who alleged that they were exposed to chemical warfare agents without their informed consent at the Porton Down military laboratories from the 1940s to 1980s. Food Poisoning Food poisoning can be extremely dangerous and even fatal for the very young, elderly or for people whose immunity is compromised. You may be entitled to bring a claim for compensation if you acquired food poisoning: Whilst on holiday abroad From a restaurant or any eating establishment in the UK By purchasing and consuming contaminated food

10 Team Leaders Martyn Day Senior Partner Martyn Day is the senior partner of Leigh Day, and specialises in international, environment and product liability claims, often as group actions. In Chambers Guide to the Legal Profession 2012, Martyn is identified as a star individual. Boz Michalowska Partner boz@leighday.co.uk Boz specialises in product liability group actions. She is head of the firm s DePuy ASR metal on metal hips team and is currently the lead solicitor in group actions against the manufacturers of the DePuy ASR component which was recalled in August 2010, and the DePuy Pinnacle Ultamet Total Hip Replacement. Boz is an accredited member of the Association of Personal Injury Lawyers (APIL). Jill Paterson Partner jpaterson@leighday.co.uk Jill has significant experience bringing product liability actions and is currently representing patients who have received various types of failed knee and hip components, heart fibrillator leads, and have been involved in clinical trials. She is also instructed by clients affected by the alleged BEKO fridge fires. Jill is an accredited member of the Association of Personal Injury Lawyers (APIL) and is the Coordinator of APIL s Multi-Party Action Special Interest Group. Gene Matthews Partner gmatthews@leighday.co.uk Gene has a particular interest in product liability and has worked on the successful DePuy Hylamer group litigation relating to defective hip replacements. He has also resolved a number of cases involving defective heart valves and pacemakers and successfully represented four of the volunteers who suffered life threatening injuries as participants in the TGN1412 drug trial at Northwick Park Hospital. Michelle Victor Partner mvictor@leighday.co.uk Michelle has extensive experience bringing Product Liability claims and currently manages the ASR team who are pursuing cases against DePuy International Limited, the manufacturers of the ASR metal-on-metal hip component. Michelle also has significant specialist experience in food poisoning claims and has successfully pursued legal action against tour operators, Thompson Holidays, where over 1,000 holidaymakers staying at a four-star hotel in the Dominican Republic suffered food poisoning. Michelle is also instructed by clients who have suffered an adverse reaction to hair dye. Michelle is a member of the Association of Personal Injury Lawyers (APIL) and is the Co-ordinator of APIL s Product Liability Special Interest Group.

11

12 Client testimonials I was very impressed indeed by the high level of customer service and professionalism that Leigh Day showed to me. I was kept fully informed every step of the way, which was really appreciated. Mr Lawson Leigh Day dealt with my case in a professional and caring manner, keeping me informed and empathising with my concerns. Mr O Hara Having had limited dealings with lawyers, I found the service provided by Leigh Day to be very good and in no way a scary experience. Mr Taylor Leigh Day, Priory House, 25 St John s Lane, London EC1M 4LB T F E postbox@leighday.co.uk