Writing for today's The Scotsman, BLM's
Fiona McEwan examines the case of Hastings v Finsbury Orthopaedics
Ltd and Another, which has already made Scottish legal history.
This was the first case in which evidence was heard by a
Scottish court on an alleged defect in a hip replacement product in
litigation raised under the Consumer Protection Act 1987.
Fiona explained, "There have been two appeals in the
case. The second, and final, one was recently heard at the United
Kingdom Supreme Court. Their judgment will likely be issued within
the next three to nine months. Mr Hastings, a former forestry
worker, had a history of arthritis. Aged 54, he was fitted with
"metal on metal" ("MoM") prosthetic total hip
replacements, in both hips. Three years later, he underwent
revision of his left-sided implant. He claims to have suffered
damage by metal debris from the prosthetic product. He raised a
court action under the CPA seeking compensation from two companies
who had
