KLANG: A pharmaceutical giant failed in its bid to strike out a suit filed against it by an individual who allegedly suffered side effects from the company’s total hip replacement implants.
Johnson & Johnson Sdn Bhd had filed the application to strike out R. Vijayakumar’s summons against the company seeking damages for various side effects he allegedly suffered due to the implants.
Shah Alam High Court judge Datuk Khadijah Idris, who delivered her decision via Zoom on Thurs, held that Vijayakumar’s case was ‘not obviously unsustainable’.
“The issues need to be dealt with oral evidence of experts.
“It cannot be decided by way of affidavits and needs a trial,’’ said Khadijah.
She then dismissed the pharmaceutical company’s application to strike out Vijayakumar’s suit with cost and ordered a full trial.
Vijayakumar, 67, had undergone surgery to be implanted with the total hip replacement component at the Universiti Malaya Specialist Centre in 2008.
Subsequently, over the years, he began to suffer various ailments such as severe pain, a loss of balance, tremors, numbness, ringing in the ears, lower abdominal pain and muscle cramps.
He was eventually diagnosed as suffering from metal poisoning in 2022 and Vijayakumar alleged it was due to the defendant’s hip replacement implants.
In its application to strike out Vijayakumar’s case, Johnson & Johnson Sdn Bhd said the plaintiff’s claims were scandalous, frivolous and vexatious and abused the process of the courts.
C.V Devan & Co appeared for Vijayakumar whilst Johnson & Johnson Sdn Bhd was represented by Skrine & Co.
