- Can I settle the claim outside the ADR Process?
- I have reviewed the eligibility criteria but I am still unsure whether the claim can enter the ADR Process. What should I do?
- I am a resident in Ireland but my index surgery did not take place in Ireland. Is the claim eligible?
- The revision surgery was within 180 days of index surgery of the ASR device. Is the claim eligible?
- The revision surgery was 10 years or more after the index surgery. Is the claim eligible?
- I do not have Injuries Board authorisation under the Personal Injuries Assessment Board Act 2003. Can I make a claim in the ADR Process?
- What does statue barred mean?
- Was the revision surgery necessitated exclusively by dislocation/ trauma/ infection/ fracture of the femoral head/ any issue relating to the femoral stem?
- Do I need a solicitor to make a claim?
- Does it cost to submit a claim to the ADR Process?
- How are the claims allocated?
- Who are the Evaluators?
- Will I have an opportunity to meet the Evaluator?
- How long will it take to complete an Evaluation?
- Is it possible to ‘fast-track’ a claim in the ADR Process?
- What happens after the Evaluator has made an Evaluation?
- What are ‘party and party’ costs?
- Why must I submit my client’s medical records?
- How will I know when the Evaluator will deal with a claim?
- Once a claim has been submitted to the ADR Process, what happens to the litigation relating to that claim?
- My case is listed for trial before October 2016. May I lodge the claim for Evaluation while I continue to take steps in the litigation?
- If my case is listed for trial after 1 October 2016, does it qualify for Evaluation?
Can I settle the claim outside the ADR Process?
Yes. You do not have to use the ADR Process. You may discuss possible settlement of an eligible claim with McCann FitzGerald, as solicitors for DePuy, on a without prejudice basis.
Back to IndexI have reviewed the eligibility criteria but I am still unsure whether the claim can enter the ADR Process. What should I do?
Please consult your solicitor to discuss your options.
Back to IndexI am a resident in Ireland but my index surgery did not take place in Ireland. Is the claim eligible?
The claim is not eligible for the ADR Process.
Back to IndexThe revision surgery was within 180 days of index surgery of the ASR device. Is the claim eligible?
The claim is not eligible for the ADR Process.
Back to IndexThe revision surgery was 10 years or more after the index surgery. Is the claim eligible?
The claim is not eligible for the ADR Process.
Back to IndexI do not have Injuries Board authorisation under the Personal Injuries Assessment Board Act 2003. Can I make a claim in the ADR Process?
No, the claim is not eligible. You must have Injuries Board authorisation to submit a claim to the ADR Process.
Back to IndexWhat does statue barred mean?
The Statute of Limitations 1957 (as amended) sets out the time limits by which a civil action must be commenced. If an action is commenced after the date proscribed by the statute, it may be subject to the defence of being ‘statute barred’. If you are uncertain in respect of this, please consult a solicitor.
Back to IndexWas the revision surgery necessitated exclusively by dislocation/ trauma/ infection/ fracture of the femoral head/ any issue relating to the femoral stem?
If yes, the claim is not eligible for the ADR Process.
Back to IndexDo I need a solicitor to make a claim?
You are not required to have a solicitor to submit a claim to the ADR Process. However, for the purpose of being independently advised it is recommended you seek legal advice.
Back to IndexDoes it cost to submit a claim to the ADR Process?
No. There is no fee to submit a claim to the ADR Process.
Back to IndexHow are the claims allocated?
Claims will be allocated to the Evaluators based on the last digit of the High Court Record number.
Back to IndexWho are the Evaluators?
The Evaluators are a mix of retired Judges of the Supreme and High Courts or senior counsel who have prior experience of personal injuries issues.
Back to IndexWill I have an opportunity to meet the Evaluator?
In most cases the Evaluation will be a paper-only process. However, in exceptional cases the Evaluator has discretion to hear from Claimant’s, representatives of DePuy or an expert. The Evaluator has discretion whether and in what manner to hear from such persons. It is envisaged that this discretion shall be exercised very sparingly as the Process is intended to avoid any unnecessary cost and delay.
Back to IndexHow long will it take to complete an Evaluation?
The aim of the ADR Process is to process claims as efficiently and quickly as possible. To achieve this aim parties should endeavour to submit the necessary documents to the Evaluator without delay and in a form which allows for quick review. It is essential that the documents submitted to the Evaluator are properly copied and collated.
Back to IndexIs it possible to ‘fast-track’ a claim in the ADR Process?
It is possible to ‘fast-track’ a claim. When completing Form B, highlight whether an early Evaluation is sought for ill health or other stated reason.
Back to IndexWhat happens after the Evaluator has made an Evaluation?
DePuy and the Claimant may accept the Evaluation in writing by way of an exchange of emails or letters between the parties’ solicitors. Acceptance will be without admission as to liability. If either DePuy or the Claimant rejects or does not accept in writing within 45 days of the date marked on Form C, the Evaluation will lapse.
Back to IndexWhat are ‘party and party’ costs?
Party and party costs are defined in the Rules of Superior Courts as were necessary or proper for the attainment of justice or for enforcing or defending the rights of the party whose costs are being taxed.
Back to IndexWhy must I submit my client’s medical records?
A Claimant is required to submit all relevant medical records so the Evaluator has all necessary information before making an assessment.
Back to IndexHow will I know when the Evaluator will deal with a claim?
The Evaluator will send notice to the Claimant’s solicitor stating that he or she will commence the Evaluation within 14 days unless the Claimant intends to submit further documents.
Back to IndexOnce a claim has been submitted to the ADR Process, what happens to the litigation relating to that claim?
Pursuant to clause 9.1 of the Process, following the submission of a completed Form B by the Claimant’s solicitors to McCann FitzGerald, the Claimant and DePuy shall not take any active steps in existing proceedings concerning the claim, or shall not issue new proceedings regarding an ASR Product, before an Evaluation has been issued by the Evaluator and the Evaluation has lapsed due to the passing of 45 days of the date marked on Form C without acceptance or rejection.
Back to IndexMy case is listed for trial before October 2016. May I lodge the claim for Evaluation while I continue to take steps in the litigation?
No. Unless the case is taken out of the list and no further steps are taken in the litigation, the case will not be eligible for Evaluation.
Back to IndexIf my case is listed for trial after 1 October 2016, does it qualify for Evaluation?
All eligible claims with trial dates after 3 October 2016 can enter into the ADR Process without their trial dates being vacated. This is subject to McCann FitzGerald receiving a completed Form B, together with all prescribed documentation (including all relevant medical records), by or before 31 March 2016.
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