The Walking Wounded

Watch the ABC Four Corners episode ‘The Walking Wounded’ at:


1. In relation to the manufacture and supply of the ASR hip replacement joint by Johnson & Johnson, through its subsidiary DePuy Orthopaedics, explain the basis of any liability in the tort of negligence that those companies might have to Australian users of the ASR. Leave aside any question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that apply in your State. (15 marks)

2. Assume that in answer to question 1 you concluded that the ASR users are likely to have rights in the tort of negligence against the companies. How are the tort damages for those users calculated? In your answer refer to common law legal principles and (where relevant) to any personal injuries statutory damages caps that apply in your State. (10 marks)

3. Can the Australian users of ASR bring any Australian Consumer Law (ACL) cause of action under Part 3-5? If so on what grounds could they bring such an ACL action and who would they bring that action against? (10 marks)


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