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.
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
Yes, the Ontario Court approved the Settlement Agreement on May 11, 2021.
TopTo be entitled to a payment pursuant to the Settlement Agreement, Class Members must be Approved Claimants as defined in the Claims Protocol and submit all required forms and documentation to the Claims Administrator on or before the expiration of the Claims Period.
The Claims Period is now open and will run until March 14, 2022.
If the claim is submitted by the Estate of a deceased member of the Class, in addition to providing the Medical Records and supporting medical documentation, the following documentation must also be submitted with the Claim Form:
(a) A copy of the deceased Class member's death certificate; and
(b) A formal document confirming that the person submitting the claim has the status to represent the Estate of the deceased Class member (in the case of a testamentary succession, for example, the Notarial will, or any other form of will with a copy of the probate proceedings).
TopYou do not need to retain a lawyer in order to file a claim in this settlement. The Claims Administrator is available to you, free of charge, to answer any questions you might have about the claim process or claim form.
If you choose to retain a lawyer, you will be responsible for paying the legal fees. All future correspondence will be directed to your lawyer.
TopColin Stevenson
Stevenson Whelton LLP
15 Toronto Street, Suite 200
Toronto, ON M5C 2E3
416-599-7900
Harvin Pitch
Teplitsky Colson LLP
70 Bond St #200
Toronto, ON M5B 1X3
416-865-5310
Megan B. McPhee
Kim Spencer McPhee Barristers P.C.
1200 Bay Street, Suite 1203
Toronto ON M5R 2A5
Tel: 416-596-1414
Joel P. Rochon
ROCHON GENOVA LLP
Barristers and Solicitors
121 Richmond Street West
Suite 900
Toronto ON M5H 2K1
Tel: 416-363-1867
TopEligible 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.
You can download a copy of the claim form here. We can also send you a claim form by email or mail on request, please contact the Claims Administrator.
TopThe completed claim form and supporting documentation must be received by the Administrator on or before March 14, 2022.
TopIf you have further questions or need any help, please contact the Claims Administrator at:
RicePoint Administration Inc.
PO Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON M5W 4B1
Tel: 1-888-724-2414
Email: [email protected]
You can also contact Class Counsel at:
Colin Stevenson
Stevenson Whelton LLP
15 Toronto Street, Suite 200
Toronto, ON M5C 2E3
416-599-7900
Harvin Pitch
Teplitsky Colson LLP
70 Bond St #200
Toronto, ON M5B 1X3
416-865-5310
Megan B. McPhee
Kim Spencer McPhee Barristers P.C.
1200 Bay Street, Suite 1203
Toronto ON M5R 2A5
Tel: 416-596-1414
Joel P. Rochon
ROCHON GENOVA LLP
Barristers and Solicitors
121 Richmond Street West
Suite 900
Toronto ON M5H 2K1
Tel: 416-363-1867
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