The claims period is now open and will run until March 14, 2022.
Click here to download a claim form.
A class action lawsuit entitled Crisante, et al., v. DePuy Orthopaedics, Inc., et al., Civil Action No. CV-10-415777 00CP, was initiated in the Ontario Superior Court of Justice regarding allegations that the DePuy ASR™ XL Acetabular Hip System or the ASR™ Hip Resurfacing System was defective, and that they failed, requiring premature revision surgery (“Crisante Action”). The Ontario Court certified an ASR Class covering residents in Canada except for British Columbia and Quebec as a class action on August 27, 2013. The Defendants, while not admitting liability, have agreed to a settlement of the Crisante Action. The Ontario Court approved the Settlement Agreement on May 11, 2021.
How the distribution of the Settlement Amount will occur is set out in the Claims Protocol.
The ASR Class means collectively:
All persons resident in Canada other than British Columbia and Québec who have been implanted with DePuy ASR XL Acetabular Hip System and/or the DePuy ASR Hip Resurfacing System (the “ASR Implants”) which were variously designed, developed, tested, manufactured, licensed, assembled, labeled, marketed, distributed and/or sold by one or more Defendants (individually the “ASR Implant Class”); and
All persons residents in Canada who by virtue of a personal relationship to one or more members of the ASR Implant Class have standing pursuant to section 61(1) of the Family Law Act, R.S.O. 1990, c. F.3 as amended (or the similar legislation in the other provinces and territories) (individually the “Family Class”).
Not all Class Members will be eligible for compensation under the Settlement. The Eligibility criteria is set out in the Claims Protocol.
The settlement provides certain compensation to Class Members who are Eligible Claimants and who timely submit all forms and documentation required under the Settlement Agreement, less certain deductions approved by the Court, including legal fees and disbursements. The claim form and exact documentation required to make a claim and potential award amounts will be set forth on Class Counsel’s website and the Claim Administrator’s website. The total amount of compensation per Eligible Claimant who is approved will depend on how many Eligible Claimants submit claims under the Settlement and are approved, and will not be known until after the expiry of the Claims Period. Amounts may also be payable to family members of approved claimants.
Eligible Claimants must submit all required forms and documentation to the Claims Administrator on or before the expiration of the Claims Period. The completed claim form and supporting documentation must be received by the Administrator on or before March 14, 2022.
The Eligibility criteria is set out in the Claims Protocol.
The Claims Administrator is available to assist class members in filing out the required claim form.