DePuy ASR Hip System $15.5M Class Action Lawsuit Settlement

Canadian consumers who were implanted with the DePuy ASR XL Acetabular Hip System or the DePuy ASR Hip Resurfacing System may be eligible for compensation thanks to a $15.5 million DePuy ASR class action lawsuit settlement.

The ASR Implant Class is made up of all residents of Canada — other than of British Columbia and Québec — who have been implanted with DePuy ASR XL Acetabular Hip System and/or the DePuy ASR Hip Resurfacing System that were variously designed, developed, tested, manufactured, licensed, assembled, labeled, marketed, distributed and/or sold by one or more of the defendants.

The Family Class includes all Canadian residents who wish to participate in the settlement by reason of their familial relationship to a Class Member.

In the class action lawsuit, plaintiffs alleged some patients suffered after having the DePuy ASR systems implanted. Further, Plaintiffs say the ASR systems were defective and failed. As a result, many Class Members needed to undergo premature revision surgery.

A previous settlement resolved similar class action claims against DePuy for British Columbia residents and those who previously were members of the Ontario ASR class action but opted out of that action and opted into this the British Columbia class action.

As a part of the DePuy ASR lawsuit settlement, Class Members who submit the proper claim forms and documentation are entitled to a payment. All payments are subject to change based on the number of eligible claimants that submit claims under the settlement and are approved.

The net settlement fund will be divided into four categories: injuries compensation, financial losses compensation, family claims compensation, and psychological injuries compensation.

Injuries compensation will be determined through the use of a point system. 

Financial losses compensation will be awarded for income loss and out-of-pocket expenses up to $3,305 for ASR claimants who were under age 65 and employed at the time of their revision surgery. 

If the ASR claimant is 65 or older and wants to claim compensation for income loss or for income loss above thee base income loss amount and was unemployed at the time of their revision surgery due solely to injuries from the implant, they will be eligible to submit certain documentation and receive up to $13,220.

Documented out-of-pocket expenses will be reimbursed up to a net maximum of $1,652.50.

Family claims compensation will be capped at $4,627.

Psychological injuries compensation will be capped at $3,305.

These payment amounts may be adjusted up or down proportionately. More information on Class Member award determinations is available in Section III of the claims protocol.

The Ontario Court approved the settlement agreement during a final hearing May 11, 2021.

Class Members who want to make a claim must submit all required documents to the claims administrator before the claim deadline, March 14, 2022.

Who’s Eligible

The ASR Implant Class is made up of all residents of Canada — other than of British Columbia and Québec — who have been implanted with DePuy ASR XL Acetabular Hip System and/or the DePuy ASR Hip Resurfacing System that were variously designed, developed, tested, manufactured, licensed, assembled, labeled, marketed, distributed and/or sold by one or more of the defendants.

Potential Award

Varies

Proof of Purchase

May need operative report(s) for your Initial ASR Surgery / Initial ASR Surgeries, Identification Labels/stickers confirming receipt of the ASR Implant(s), and hospitalization summary sheets for your Initial ASR Surgery / Initial ASR Surgeries

Claim Form

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

03/14/2022

Case Name

Crisante, et al., v. DePuy Orthopaedics, Inc., et al., Civil Action No. CV-10-415777 00CP, in the Ontario Superior Court of Justice

Final Hearing

05/11/2021

Settlement Website

DePuyASRClassAction.ca

Claims Administrator

RicePoint Administration Inc.
PO Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON M5W 4B1
info@DePuyASRClassAction.ca
888-724-2414

Class Counsel

Colin Stevenson
STEVENSON WHELTON LLP

Harvin Pitch
TEPLITSKY COLSON LLP

Megan B. McPhee
KIM SPENCER MCPHEE BARRISTERS PC

Joel P. Rochon
ROCHON GENOVA LLP

Defense Counsel

Gordon McKee
BLAKE CASSELS & GRAYDON LLP

Susan M. Sharko
FAEGRE DRINKER BIDDLE & REATH LLP