Anne Bucher  |  May 7, 2020

Category: Canada Settlements

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Woman holding hip in pain regarding the Wright Profemur Hip Implant Class Action Settlement rescheduled

A hearing that was scheduled for April 27 regarding the approval of the proposed National Settlement in the Wright Profemur Hip Implant System class action lawsuit has been postponed due to court restrictions related to the COVID-19 pandemic.

The approval hearing has reportedly been rescheduled for May 29. It may take place virtually or at the Law Courts Building in Halifax, Nova Scotia, depending on the court operations on this date.

The Wright hip implant defendants have agreed to pay up to $8.25 million to settle the hip implant lawsuit. If approved, the class action settlement will resolve allegations that the Wright Profemur Hip System posed a high risk of hip implant failure that required complicated revision surgery to correct.

The Wright Profemur hip implant class action lawsuit was initially filed in 2011 and was certified by the Nova Scotia Supreme Court in 2014. The certification order was amended on April 30, 2019.

The Wright Profemur Hip Implant System is a type of hip implant consisting of a modular stem, a Profemur neck and a femoral head. This design allows orthopaedic surgeons a wider range of options for modifying the Wright hip implant for an individual patient than conventional hip implant systems.

However, the Profemur Hip Implant System was improperly designed and manufactured, leading them to fail prematurely, the Wright hip implant class action lawsuit alleges.

The Wright hip implant defendants allegedly failed to warn Canadians about the risk of hip implant failure in its Profemur Hip Implant System. The plaintiffs claim that the Wright defendants knew or should have known of the significant risks associated with the hip implant.

The defendants deny any wrongdoing but agreed to settle the hip implant class action lawsuit to avoid the burden and expense of ongoing litigation.

Class Members of the proposed hip implant class action settlement include all Canadian residents who were implanted with the Wright Profemur Hip Implant System after February 2001, and who have experienced a fracture of the hip implant system that required revision surgery.

Some recipients of Wright Profemur hip implants have complained of severe complications following hip implant revision surgery, such as stroke, blood clot, and/or permanent nerve damage.

The hip implant class action settlement will also provide payment to public health insurers for their subrogated claims.Hip implant X-ray regarding the Wright Profemur Hip Implant Class Action Settlement rescheduled

Under the terms of the Wright Profemur hip implant settlement, Class Members must submit documentation about their hip implant surgeries in order to potentially be eligible to receive compensation. The deadline to submit claims will be determined if the settlement is approved.

The amount each eligible Class Member will receive depends on the details of their specific claims and the total number of approved claims.

Once the claims process opens, claimants will likely be asked to submit supporting information about their hip replacement surgery, including the location(s) of the Wright Profemur Hip Implant System, the implant date, the name of the hospital, and the name of the surgeon who completed the hip implant surgery and the revision surgery.

Class Members may also be required to submit identification stickers and operative reports for the Wright Profemur Hip Implant System.

If you wish to object to the proposed hip implant class action settlement, you must do so in writing no later than May 15, 2020.

Top Class Actions will post updates to this class action settlement as they become available. For the latest updates, keep checking ca.TopClassActions.com or sign up for our free newsletter. You can also receive notifications when this article is updated by using your free Top Class Actions account and clicking the “Follow Article” button at the top of the post.

The Wright Profemur Hip Implant System class action lawsuit is not the only case to have important hearings delayed during the COVID-19 pandemic. Trials and hearings throughout Canada are being affected as courts attempt to reduce the risk of spreading the novel coronavirus.

It is currently unclear how long these disruptions to the legal system will last as the courts try to navigate the challenges posed by the novel coronavirus.

Are you impacted by the court hearing delays due to the COVID-19 pandemic? Tell us your story in the comment section below!

Class Members are represented by Wagners Law Firm.

The Wright Profemur Hip Implant System Class Action Lawsuit is Rodrick Desborough v. Wright Medical Technology Canada Ltd., et al., Hfx. No. 355381, in the Nova Scotia Supreme Court, Canada.

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