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Individuals with certain DePuy ASR metal on metal hip implants may be able to benefit from a proposed $15.5 million class action settlement that, if approved, would end claims the manufacturer misrepresented the safety of the medical device.
Class Members include most residents of Canada who were implanted with the ASR XL Acetabular Hip System or ASR Hip Resurfacing System. To qualify, Class Members must have received the ASR hip implant in a surgery that occurred in Canada. In addition, residents of British Columbia and Quebec are excluded from the Class.
If approved, the proposed settlement would end a 2013 class action lawsuit filed by a group of plaintiffs who received the ASR hip implant. In their lawsuit, they claimed that the hip implant manufacturer, DePuy, covered up design and manufacturing defects in its ASR XL Acetabular Hip System and ASR Hip Resurfacing System.
The class action lawsuit alleged that, while hip implants generally last up to 15 years, the ASR hip implant started showing signs of failure within one to two years. Signs of failure allegedly included loosening, misalignment, dislocation, fracture, and excessive metal debris.
Indeed, the ASR hip implants were voluntarily recalled by the manufacturer in August of 2010.
While DePuy does not admit any wrongdoing under the terms of the settlement, it has agreed to pay $15.5 million to end the class action. The settlement fund will go to pay Class Members, as well as legal and court fees.
The proposed settlement in the ASR class action lawsuit must still be approved by the Ontario Superior Court of Justice. A hearing on the settlement proposal is scheduled for May 11, 2021.
Metal on metal hip implants have been the subject of a number of class action lawsuits, with medical device manufacturer Stryker agreeing to pay $8.25 million to settle a hip implant lawsuit in May 2020.
Are you a Class Member in the proposed ASR hip implant settlement? Do you plan to make a claim? Tell us in the comment section below.
The plaintiffs and Class Members are represented by Kim Spencer McPhee Barristers PC, Stevensons LLP, and Rochon Genova LLP.
The ASR Hip Implant Class Action Lawsuit is Crisante, et al. V. DePuy Orthopaedics Inc., et al. Case No. CV-10-415755-00CP in the Ontario Superior Court of Justice.
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5 thoughts on$15.5M ASR Hip Implant Class Action Settlement Proposed
I am writing on behalf of my sister who had two hip replacements and one revision hip replacement, as per below. I understand that the class suit does not include residents of Quebec. She is a resident and had her surgeries in Montreal. Would you be able to refer me to any law firm that is taking on cases from Quebec.
With thanks,
Arlene Chan
Aug. 11, 2010 – left total hip arthroplasty
size 50 Pnnacle D300 cup, neartral metal insert, sixe 2 Tri-Lock BPS stem and size +5, 36 mm double ceramic head
March 3, 2016 – Right total hip arthroplasty
DePuy Pinnacle Porocoat acetabular shell 300 series, 52 mm diameter, ALTRX +4 liner with a 36 mm cobalt chrome head with 1.5 neck length and Tri-Lock BPS size 2 standard offset stem
Oct. 12, 2022 – Revision of Left Hip Replacement
constrained acetabular liner inner diameter of 28, outer diameter 50 mm, ceramic femoral head size 28 mm/+5, 10 cc of DBX bone graft
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