Depuy ASR hip implants class action
Update – May 22, 2018: Court approves settlement agreement.
We are pleased to announce that by judgment dated May 22, 2018, the Superior Court of Québec approved a settlement of the class action we are handling against Depuy Orthopaedics Inc. and Johnson & Johnson Inc. Pursuant to the settlement, the Defendants will pay $20 million, to be distributed to class members who submit valid claims according to a protocol established exclusively by the Plaintiff and Class Counsel, without any involvement of the Defendants.
The Settlement Agreement is for the benefit of Quebec class members who underwent hip replacement surgery, between July 2003 and August 24, 2010, and who received an artificial hip implant referred to as an ASR Resurfacing or an ASR XL Acetabular implant (“ASR Implant”). The ASR Implants were subject to a worldwide recall on August 24, 2010 (the “Recall”).
In order to benefit from the Settlement Agreement, you must have received one or more ASR Implants during hip replacement surgery (“Initial ASR Surgery”) and you must either have been:
- a Quebec resident at the time of Initial ASR Surgery; or
- a Quebec resident at the time that you underwent an operation to replace an ASR Implant (“Revision Surgery”); or
- a Quebec resident at the time of the Recall, on August 24, 2010; or
- a resident outside of Canada on April 3, 2018, but underwent Initial ASR Surgery or Revision Surgery in Quebec.
In order to be eligible for compensation, you must complete and submit a Claim Form and provide all the documentation required under the by no later than the claims deadline of May 24, 2019. Failure to submit your claim by the deadline will lead to the automatic dismissal of your claim.
We invite you to read the Claims Administration Protocol and Award Schedule to understand how to submit a claim, what documents must be included, what the different categories of compensation are, how your claim will be decided, and when you can expect to receive compensation.
If you have any questions, you can communicate with one of the lawyers below.
April 27, 2018: Update: $20 million settlement
As previously announced, we are pleased to confirm that a settlement has been reached in the class action that we have been handling against Depuy Orthopaedics Inc. and Johnson & Johnson Inc. Pursuant to the settlement, the Defendants will pay $20 million, to be distributed to class members who submit valid claims according to a protocol established exclusively by the Plaintiff and Class Counsel without any involvement of the Defendants.
In order for a class action settlement to have effect, it must be approved by the Court. On May 22, 2018, a hearing will take place before the Superior Court of Québec, at which time we will present the Application to Approve the Settlement Agreement, the Claims Administration Protocol and Award Schedule and Class Counsel Fees.
- Application to Approve the Settlement Agreement, the Claims Administration Protocol and Award Schedule and Class Counsel Fees
- Settlement Agreement
You may consult the formal Notice informing Class members of the hearing of the above Application. Members of the Class are not required to attend the hearing in order to benefit from the Settlement Agreement, if approved by the Court.
If the Superior Court of Québec approves the settlement, we will communicate additional information regarding the detailed steps to follow in order to submit a claim. Please note that no claim should be submitted at this time.
If you have any questions, you can communicate with Class Counsel.
The lawsuit instituted alleges that the Depuy hip implant system is defective, causes serious injuries to patients, and seeks to recover significant monetary compensation for all Quebecers who have suffered as a result of such Depuy hip implant system.
Quebecers who have undergone hip replacement surgery, and who believe they might have received a Depuy hip implant, should contact Robert Kugler or Olivera Pajani at the contact numbers below for further information about this class action.
Significant Developments in the file:
December 21, 2010: Filing of Motion for Authorization to Institute a Class Action
March 23, 2011: Presiding Class Action Judge Jean-François de Grandpré renders Judgment permitting Kugler Kandestin’s proposed Motion for Authorization to Institute a Class Action to proceed ahead of another proposed Motion for Authorization to Institute a Class Action.
On December 3, 2012, the Court of Appeal of Québec renders Judgment upholding the decision of Justice Jean-François De Grandpré to permit Kugler Kandestin to proceed against Depuy with its Motion for Authorization to Institute a Class Action.
In August 2014, Kugler Kandestin filed a class action lawsuit against Johnson & Johnson Inc. and Depuy Orthopaedics Inc. for the benefit of the persons forming part of the group.
March 4, 2015: The Defendants, Johnson & Johnson Inc. and Depuy Orthopaedics Inc., filed a Defence to the Class Action.
January 26, 2017: We are pleased to announce that the trial of the class action will take place beginning April 3, 2018, for a period of 23 days.
April 4, 2018: Right before the start of the trial on the merits, the parties agreed to resolve the class action by the Defendants paying $20 million. It will be up to Class Counsel to determine the claims procedure, subject to approval of the Quebec Superior Court. The Court will be asked to approve the settlement and the claims administration process on May 22, 2018.
Individuals who underwent hip implant surgery and received a Depuy ASR implant are strongly encouraged to contact us free of charge in order to find out about their rights.
We will continue to update this page as this case progresses.
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