July 2, 2011 – While the legal system in the United States and many other countries permit patients to sue for damages caused by alleged defective medical devices, those in New Zealand are limited due to that country’s “no fault” system.

Today’s New Zealand Herald carries a story about the dilemma this presents for patients who received the recently recalled DePuy ASR artificial hip. 

Ten years ago, New Zealand established the Accident Compensation Corporation (ACC), a “no fault” system of insurance coverage funded by a combination of payroll and employee levies, gas and vehicle licensing fees and government assistance. 

Patients experiencing problems with their DePuy ASR surgeries are being told they cannot clear the ACC threshold sufficient to receive compensation for general damages, commonly called “pain and suffering.”

The outcome of this worldwide recall, and its impact on patients globally, is being watched by our firm very closely.