Medical negligence - Hip replacement - Use of defective product - Damages & Restitution - Extent of discomfort - Risk of infection  

Facts: The plaintiff sought an order for damages from the defendant in relation to the use of defective product that was used in the hip replacement surgery of the plaintiff. The plaintiff contended that due to the poor quality of the device made by the defendant, she sustained significant injuries that had rendered her immobile and underwent four hip replacement surgeries. The defendant contended that since the condition of the plaintiff was not catastrophic, the plaintiff was entitled to real rate of return at three percent. 
Held: Mr. Justice Cross awarded general and special damages to the plaintiff. The Court held that the plaintiff had suffered severe injuries to her hip, which were permanent in nature, and thus, the plaintiff was entitled for general damages to date and in the future. The Court concluded that since the present condition required that the plaintiff would need extra revision and home care, she was also entitled for past and future care expenses as well. The Court held that while awarding special damages, it must be kept in mind that the plaintiff must have access to funds so as to enable her to purchase the necessary aides and appliances, which were needed to live normal routine life as far as practicable. 
O'Sullivan, Gillian v Depuy International Limited
29/11/2016 No. 2012/10576 P [2016] IEHC 684