McGougan & Ors v DePuy Int'l Ltd & Accident Compensation
MEDIA RELEASE - FOR PUBLICATION AT 2.30 PM 20 OCTOBER 2016
McGOUGAN & ORS v DEPUY INTERNATIONAL LTD and ACCIDENT COMPENSATION CORPORATION
This press release is designed to assist the media in understanding the above judgment. It does not form part of the judgment. The full judgment with reasons is the only authoritative document. The full text of the judgment and reasons can be found at Judicial Decisions of Public Interest www.courtsofnz.govt.nz
The plaintiffs represent a group of New Zealanders who received hip implants manufactured by DePuy International Ltd (DePuy) between 2006 and 2009. Soon after issues emerged concerning the Safety of those implants. DePuy recalled its hip implants in 2010. The plaintiffs underwent corrective surgery in 2011 and 2012 to replace the DePuy hip implants.
The plaintiffs received cover under the Accident Compensation Act 2001 because they suffered a treatment injury as defined in that Act.
The plaintiffs and other New Zealand claimants commenced proceedings in England against DePuy. The High Court of England and Wales ruled that New Zealand law governed the plaintiffs' claims in England and that s 317(1) of the Accident Compensation Act 2001 barred their claims in that country. The plaintiffs then commenced proceedings in New Zealand.
In its judgment delivered today the High Court has ruled the plaintiffs' claims for compensatory damages are barred by S 317(1) of the Accident Compensation Act. The Court has ruled that the bar applies even though the conduct giving rise to the injury occurred in England.
The plaintiffs' claims for exemplary damages and declarations are not affected by the Court's decision.