DePuy ASR Hip System $1.1M Class Action Settlement

Certain Canada residents are eligible to benefit from a $1.1 million DePuy class action settlement over allegations involving the DePuy ASR XL Acetabular Hip System and Hip Resurfacing System.

The settlement with DePuy International establishes three Subclasses:

• BC Resident Opt-Out Subclass: Any British Columbia resident who underwent the surgical implantation of the ASR XL Acetabular Hip System or ASR Hip Resurfacing System in a surgery occurring in Canada
• Non-BC Resident Opt-In Subclass: Anyone who previously were members of the Ontario ASR Class Action but who opted out of that action and who affirmatively opt into this BC ASR Class Action.
• All Canada residents asserting the right to sue DePuy independently or derivatively by reason of their familial relationship to a Class Member under either the Family Compensation Act applicable to the BC Resident Opt-Out Subclass or, for Non-BC Resident Opt-In Subclass Members, those defined pursuant to section 61(1) of the Family Law Act, R.S.O. 1990, c. F.3, as amended (or any similar legislation in any Canadian province and territory or the Civil Law of Quebec).

The last eligible date is Aug. 24, 2020.

The BC ASR Class does not apply to any other DePuy hip system.

The DePuy class action lawsuit claimed some patients suffered after having one of the two allegedly defective systems implanted.

DePuy, part of Johnson & Johnson, is an orthopaedics company specializing in joint reconstruction, trauma, and sports medicine, among other things.

Eligible Class Members who submit the proper claim form and documentation will receive a payment, minus attorneys’ fees and other expenses. These payments are subject to certain reductions.

Class Members, including opt-ins, who have undergone a single revision will be entitled to $100,000.

Those who have undergone bilateral revision will each be entitled to $120,000.

Class Members who have undergone either a single or bilateral revision and experienced a complication, including an extraordinary income loss as defined by the settlement agreement, will receive additional aggregate funds up to $40,000; extraordinary income loss is further limited to up to $10,000 and subject to the $40,000 aggregate cap for complications.

Class Members who underwent a single or bilateral revision, purchased an ASR XL Acetabular Hip System or ASR Hip Resurfacing System and any component and ancillary parts, and have not been reimbursed by their insurance company or other third party will be reimbursed for 50 percent of the device cost if proof is submitted.

Derivative claimants who are spouses of approved claimants and lived with the approved claimant at the time of the ASR index surgery and the revision surgery and provide the required documentation are entitled to $5,000, minus fees.

Others who meet certain criteria also are entitled to payment.

More information on settlement award amounts and reductions to settlement awards is available in Section 4 of the settlement agreement.

Non-British Columbia residents who opted out of the Ontario ASR class action before July 30, 2014, and meet the BC Class definition may opt into the BC DePuy settlement by submitting a copy of the Ontario Class opt-out form along with a completed and signed opt-in form before Aug. 24, 2021.

British Columbia Class Members have until June 25, 2021, to exclude themselves from the settlement.

The deadline for British Columbia residents to file a claim is Oct. 25, 2021.

Who’s Eligible

The settlement with DePuy International establishes three Subclasses:

• BC Resident Opt-Out Subclass: Any British Columbia resident who underwent the surgical implantation of the ASR XL Acetabular Hip System or ASR Hip Resurfacing System in a surgery occurring in Canada
• Non-BC Resident Opt-In Subclass: Anyone who previously were members of the Ontario ASR Class Action but who opted out of that action and who affirmatively opt into this BC ASR Class Action.
• All Canada residents asserting the right to sue DePuy independently or derivatively by reason of their familial relationship to a Class Member under either the Family Compensation Act applicable to the BC Resident Opt-Out Subclass or, for Non-BC Resident Opt-In Subclass Members, those defined pursuant to section 61(1) of the Family Law Act, R.S.O. 1990, c. F.3, as amended (or any similar legislation in any Canadian province and territory or the Civil Law of Quebec).

Potential Award

Up to $120,000.

• Payments will range from about $5,000 to about $120,000, minus attorney’s fees and other costs and reductions.
• More information on settlement award amounts and reductions to settlement awards is available in Section 4 of the settlement agreement.

Proof of Purchase

Identification stickers and contemporaneous medical or hospital records for the Class Member’s ASR XL Acetabular Hip System or ASR Hip Resurfacing System must be submitted with the Claimant Declaration.

Claim Form

CLICK HERE TO FILE A CLAIM »

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/25/2021

Case Name

Wilson v. DePuy International Ltd., et al., Case No. S-116652 in the Supreme Court of British Columbia

Final Hearing

Unknown

Settlement Website

DePuyASRClassActionBC.ca

Claims Administrator

Epiq Class Action Services Canada Inc.
Attention: DePuy ASR BC Class Action Settlement
P.O. Box 507 STN B
Ottawa ON K1P 5P6
DePuyASRclassactionBC@epiqglobal.ca
1-877-797-6678
1-888-842-1332

Class Counsel

KLEIN LAWYERS LLP

Defense Counsel

Gordon McKee

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