Our client, Mr John-Lewis was an aeronautical
engineer in the RAF. In 1991 following a sporting injury Mr
John-Lewis began to complain of a pain in his hip. An x-ray
demonstrated osteoarthritis.
In 1992 the Claimant was diagnosed to be carrying
sickle cell trait.
The pain persisted and in March 1995 Mr John-Lewis
was seen by a consultant orthopaedic surgeon who confirmed the
radiological diagnosis and advised that Mr John-Lewis should
undergo a total hip replacement.
As his condition continued to deteriorate in terms
of pain and function, he was admitted to RAF Wroughton for total
hip replacement which was carried out on 17 November 1995 by Mr
Varley. 3M components were used.
Mr John-Lewis appeared to do well initially and he
was discharged on 22 November 1995. By 4 March 1996 he was
certified as fit for full duties but he should restrain from
physical exertion.
Mr John-Lewis wrote to Mr Varley on 27
February 1997 complaining of soreness in the left hip and pain on
walking long distances. He had also been told that his left leg was
shorter than his right by 1 cm, which resulted in a limp.
At this stage he had retired from the
RAF and emigrated to Australia. He came under the care of Mr
Collopy, orthopaedic surgeon, after an X-ray had demonstrated a
marked lucency between the femoral component and the cement
mantle. It was apparent radiographically that the hip
component was failing with premature loosening of the femoral
component and socket.
Mr John-Lewis underwent revision with bone
grafting of both the acetabular and femoral components on 12
February 1999. He made good post-operative recovery but
unfortunately sustained dislocations of the hip and in the three
months following the procedure necessitating revision with
adjustment of the offset of the femoral component.
We initially received instructions in this
matter in July 1998. The Australian Solicitors were advised
that limitation should not be in issue in this case. This was
because patients who had received the 3M component were to have
their cases dealt with under a class action.
All such claims were to proceed under the terms of
a formal protocol, which was to be produced. There was to be
a panel of orthopaedic experts to report on causation and condition
and prognosis prepared at the same time. Given the geographical
location of Mr John-Lewis it was decided that he should be seen by
an Australian expert to prepare the requisite reports.
The coordinating Solicitors for the protocol were
Messrs Freeth Cartwright. Messrs Eversheds were instructed on
behalf of 3M Healthcare Limited they confirmed in a letter dated 28
August 1998 whilst not formally admitting primary liability;
primary liability would not be contested.
However, in relation to causation it was necessary
to establish whether the failure of the hip was due to the
prosthesis as opposed to some other cause such as poor surgical
technical or infection.
Samantha Critchley
acted in the case that involved surgical negligence and
product liability. The case was also complicated by underlying
condition of sickle cell anemia causing osteoarthritis.
Samantha settled the claim for £37,500 on the basis that
redo revision was accelerated.
For further information or if you have a product liability claim please call
Samantha
Critchley on 020 7861 4263or
email samantha.critchley@ffw.com.
You can discuss your surgery
negligence claim with any member of our medical negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.