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Minister to sue over 'toxic' hip implants








Andrew Robathan, a former soldier, is among more than 40,000 people fitted with “metal-on-metal” hip implants, which were subject to a major health warning, after tests showed they could wear down and poison the bloodstream.


The risks were exposed by a Sunday Telegraph investigation last year [[Jan 2012]] which uncovered problems affecting thousands of people - especially those who had been thought to have been most suitable for the procedure, because they were younger and more active than the average hip surgery patient.


The armed forces minister underwent an operation to resurface both hips in 2006, when surgeons used the ASR system, a type of “metal-on-metal” implant which is manufactured by DePuy, a subsidiary company of healthcare giant Johnson & Johnson.


Within five years, a non-cancerous tumour had developed at the top of his leg, and he was told by his GP that it was linked to the implants.


By then, the device fitted to around 10,000 British patients had already been recalled from the market, as safety concerns mounted.

Earlier this year, the Daily Telegraph disclosed that the company had continued selling the products for at least three years after being warned by surgeons that the devices were causing patients to suffer - and after unpublished company data showed the ASR system was far more likely to fail than other models of hip implant.


Research found that the device had failure rates of up to 50 per cent within six years.

Last night Mr Robathan, 61, said: “The components I had put in are on a product recall.

“When the product is stuck inside you, of course, it becomes rather more tricky - it’s not like recalling a fridge. At first I was resigned to the fact that something had just gone wrong. But I went from being resigned about the situation to being absolutely angry.”

Mr Robathan, who spent 15 years in the Army serving as an officer in the Coldstream Guards and the Special Air Service said he has been left in pain, with difficulty climbing stairs and unable to stand for long periods.

Doctors have told him he will have to undergo a double hip replacement, involving major surgery.

Legal guidelines suggest a claimant can receive £28,000 compensation for a single hip injury, but the figure can be higher, when both hips are the subject of a claim, or depending on the level of suffering or lost earnings.

Mr Robathan said: “Frankly, big operations are very difficult. They have dangers, and I’m not looking forward to it. I was hoping these hips would mean I remained active, but instead I’m in pain and need two further big operations.

“I’m very angry and I am in contact with lawyers with a view to taking legal action. I have a voice in this because of my position as a minister, but there may be people out there who don’t.”

The DePuy devices were recalled in 2010, two years before health watchdogs said that all UK patients fitted with “metal-on-metal” hip implants should undergo annual checks in case metal filings had leaked into the blood, causing inflammation and muscle damage.

The problems occurred because the design of the devices meant friction between the metal ball and cup can cause friction, causing miniscule filings to break off.

Last year, following a joint investigation with the British Medical Journal, The Daily Telegraph revealed that the health of British patients was being put at risk by European regulators who were prepared to license potentially dangerous medical implants for sale in this country. They included hip implants which had been manufactured to the same specifications as the recalled DePuy product.

Earlier this month a Los Angeles court ordered DePuy to pay more than $8  million (£5.3 million) in damages in the first trial relating to nearly 11,000 lawsuits filed in the US relating to the implants.

A spokesman for DePuy said the firm regrets that the ASR Hip System did not perform as expected for some patients. DePuy is committed to working with patients and hospitals to address medical costs directly associated with the recall.”

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