Depuy Hip Implants
The Depuy ASR Canadian class action is a lawsuit against the manufacturers of the hip replacement parts and NOT against your family doctor or surgeon. We are seeking financial compensation for those who have received DePuy ASR implants.
Class Action Certified
The Ontario national class action was certified in June 2013. It applies across the country, apart from Québec and B.C.
The Québec based class action was certified in May 2014 but due to their expedited discovery rules the trial of the Québec action was scheduled to commence on April 3, 2018 for a period of 23 days. The Québec class action settled the weekend prior to trial. Under the Québec settlement, which applies only to Québec residents, the defendants will pay a total of $20 million to settle the class action. The details of the settlement agreement regarding the claims procedure and the compensation the Québec class members will be eligible to receive have not yet been finalized but will be determined exclusively by the class representative and class counsel and the defendants will not be involved in the process.
The settlement agreement and the claims process must be approved by the Québec Superior Court to take effect. The hearing of that application is tentatively scheduled for May 22, 2018.
Ontario counsel very much support this settlement, which is in the best interests of all members of the Québec group. We will negotiate with DePuy to see if they will provide similar terms to the rest of Canada.
There has also been a tentative settlement of the B.C. class action but the terms of that settlement, which will be dealt with by the B.C. Superior Court on May 31, 2018, are unsatisfactory and we oppose it.
While there have been settlements in the United States and in Australia, the effect of those settlements on the Canadian national class action is not yet known. Extensive settlement discussions in Ontario have been unsuccessful to date.
We will provide further updates on our website as matters unfold.
Assistance from Our Firm
Our firm, Stevenson Whelton MacDonald & Swan LLP, is one of the class action legal firms involved with the DePuy ASR National Class Action lawsuit. The ASR National Class Action has been commenced on behalf of persons in Canada who have had a DePuy ASR hip device implanted. Depuy ASR hip replacement patients may be eligible for compensation due to the injuries they have suffered as a result of being implanted with the defective device. Past and future pain, suffering, medical bills, lost earnings, and disfigurement are among the damages that the patients may be entitled to recover.
Should you wish assistance with compiling your claim brief, our firm handles cases on a contingent fee basis. If there is no recovery, there is no fee.
For assistance with your claim, please complete the website submission form below (scroll down webpage) and our clerks will contact you so that your claim can be reviewed and assessed.
You can also contact our Class Action Clerk, Margaret Lover, directly at:
Stevenson Whelton MacDonald & Swan LLP
If you have not yet retained a law firm for assistance, 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 should inform your healthcare providers that you need these records in the future and/or obtain copies.
This form is not intended to create an lawyer-client relationship between you and the firm. By submitting your information to us, you are not creating an 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 fall within the class description approved by the Court in the Certification Order. However, the return of the form does not guarantee that you will be entitled to compensation.