Why are chromium related illness compensation claims due to recalled metal-on-metal hip replacements rejected by the Injuries Board when liability has already been admitted?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Chromium related illness compensation claims are rejected by the Injuries Board because no precedents of compensation for chromium related illnesses have yet been established in the courts and the Injuries Board are unable to assess with any degree of accuracy how much compensation for a chromium related illness a claimant may be entitled to receive.

Commenting on the high number of chromium related illnesses compensation claims that were rejected by the Injuries Board in their 2012 interim report, Patricia Byron – the Chief Executive of Injuries Board.ie stated, “Currently when multiple issue-specific claims first arise, InjuriesBoard.ie is obliged to release these cases to the Courts until a compensation benchmark has been established”.

Ms Byron´s comments should not dissuade anybody from applying to the Injuries Board for an assessment of their claim for chromium related illnesses compensation, for an “Authorisation” will be needed from the Injuries Board to pursue a claim through the courts in Ireland.

One important point to note is that, even though the first DePuy hip replacements cases are being heard in America in early 2013, these will not necessarily establish a “compensation benchmark” for the courts in Ireland in relation to chromium related illness compensation claims. Many of these initial cases are being heard to resolve how much compensation should be awarded for the pain and inconvenience of revision surgery – claims for chromium related illnesses compensation will be heard at a later date.

It would appear from your question that you have already applied to the Injuries Board for an assessment of your compensation claim for a chromium related illness and received an “Authorisation” to pursue your claim through the courts. There should be no need to wait until the first verdicts are delivered in the class action suits being prepared in America before speaking with a solicitor about chromium related illnesses compensation claims as there may be other ways of resolving your claim depending on your personal situation.