Alan Dick v. Depuy Orthopaedics Inc. and Johnson & Johnson Inc., 500-06-000550-109
On May 22, 2018, the Quebec Superior Court approved a settlement of the Class action against Depuy Orthopaedics Inc. and Johnson & Johnson Inc. for the benefit of Quebec Class members who underwent hip replacement surgery between July 2003 and August 24, 2010, and who received an artificial hip implant referred to as an ASR Resurfacing or an ASR XL Acetabular implant. The ASR Implants were subject to a worldwide recall on August 24, 2010.
The claims of Quebec Class members and the compensation that they are eligible to receive will be decided according to the Claims Administration Protocol and Award Schedule approved by the Quebec Superior Court.
The class of individuals eligible to benefit from the settlement is defined as follows:
All natural persons who, between July 2003 and August 24, 2010 (the “Period”), were surgically implanted with an ASR XL Acetabular Hip System or an ASR Hip Resurfacing System (“ASR Implant System” or “ASR Implant Systems”), designed, manufactured, sold or distributed by the Defendants, which system was recalled by the Defendants on August 24, 2010, and who were either: (i) Québec residents at the time of receipt of the ASR Implant System or any revision thereof; or (ii) Québec residents at the time of the Defendants’ recall of the ASR Implant System; or (iii) Recipients of the ASR Implant System or any revision thereof in Québec, who were Canadian residents at that time, and who now reside outside of Canada. All individuals who make claims against the Defendants in the context of class actions elsewhere in Canada will be excluded from the Québec ASR Class.
In order to be eligible to receive compensation, you must have received one or more ASR Implants during hip replacement surgery (“Initial ASR Surgery”), and you must either have been:
- a Quebec resident at the time of Initial ASR Surgery; or
- a Quebec resident at the time that you underwent an operation to replace an ASR Implant (“Revision Surgery”); or
- a Quebec resident at the time of the Recall, on August 24, 2010; or
- residing outside of Canada on April 3, 2018, but you underwent Initial ASR Surgery or Revision Surgery in Quebec.
The deadline to submit a claim is May 24, 2019.
Available Documents :
Me Robert Kugler and Me Olivera Pajani
Class Actions Support:
Kugler Kandestin LLP
1 Place Ville Marie, Suite 1170
Montreal, Quebec H3B 2A7 Canada