Smith and Nephew Hip Implants
The British Columbia national class action involves all Smith & Nephew metal on metal (MoM) BIRMINGHAM System and R3 LINER devices. The Alberta national class action involves ONLY the Smith & Nephew R3 LINER.
Accordingly, the British Columbia class description would cover everyone with Birmingham MoM devices manufactured by Smith & Nephew. The BC action was commenced in December 2013. However, it is presently being held in abeyance pending the appeal from the dismissed Alberta certification motion.
The limitation period was suspended as of the date on which the BC action (or the Alberta action, if you have an R3 liner) was commenced, and won’t start to run again until the certification motion has been dismissed, following all appeals.
We will continue to monitor the Alberta and British Columbia results. In the meantime, your options remain:
- Await the result of the certification motions, and if the action is certified as a class action, then join it;
- Commence an individual action against the manufacturer.
Given that your limitation period for commencing an individual action is suspended until the appropriate provincial certification has been dismissed (following all appeals), you do not have to make a decision at this time.
However, please remember that you should take steps to preserve or obtain your medical records (implant surgery; revision surgery; blood tests, etc.) presently being held by your surgeon, hospital, family doctor, or other healthcare professionals.
Should you wish assistance with your potential Smith & Nephew Birmingham / R3 liner claim for compensation, please do not hesitate to contact us.
In order to ensure that you have the proper documentary evidence to support your claim if this matter is successful, you should ensure your medical records (or the medical records of the estate you represent) are intact and available. Doctors and hospitals are only required by law to keep patient records for a limited amount of time. In Ontario, for example, doctors are required to keep records for approximately ten years. You would be well advised to inform your healthcare providers of your need for these records in the future and/or to obtain copies.
The Stevenson Whelton LLP Action website is not intended to create a lawyer-client relationship between you and the firm. By submitting your information to us, you are not creating a lawyer-client relationship with the firm, although the information will be kept confidential. A lawyer-client relationship may be formed only after we check for conflicts of interest and you sign a retainer agreement. The firm may contact you about your legal claim to discuss representation options. Because of the volume of e-mails, we cannot promise to respond to every submission.
In any class action lawsuit, it is the court that approves who will be eligible to participate in the class. If you feel you may qualify for damages or remedies that might be awarded in this class action, we request you fill out the form to help us determine if you are a legitimate member of the class or to make sure you get any mailings about the case. However, sumitting the form does not guarantee you any type of compensation.