A 63 year old widow has become the latest Scot to take court action against a medical firm over a failed hip replacement, which she says has left her with ongoing health problems and unlikely to ever work again.
Lawyers for former supermarket worker Valerie Greenhalgh claim that the hip replacement supplied by Smith & Nephew, leaked metal fragments inside her hip, leaving her unable to bend and with limited mobility.
Mrs Greenhalgh, of Perth, has raised a £40,000 claim against the British firm at the local sheriff court, but it has now been remitted to the court of Session where she joins 27 others who have similar claims against the company.
The case centres on controversial 'metal-on-metal' hip prostheses from Smith & Nephew and other companies which have been blamed for causing problems for patients around the world.
Campaigners say design flaws mean that friction between the two metal plates in some metal-on-metal hip replacement scan produce chemical fragments which leak into the blood.
Class action law suits are already under way in the US and Australia, but there is no similar course available in Scots Law. Instead, a high value test case is likely to be chosen from among the 28 claims already lodged and its result used to guide the remaining actions.
In court, Sheriff William Wood said it was right to remit the case to the Court of Session, adding "technical issues are raised regarding construction and use of the replacement hip. It seems appropriate that it is dealt with in a forum where other cases may be being dealt with."
Councillor Alasdair Burnet, representing Smith & Nephew had asked for the case to be remitted and said: "[the case] merits remit both in terms of importance and complexity. This is one of a number of cases against manufacturers of metal hip replacements around the world."
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