DePuy ASR Class Action Settlement

  1. What is this lawsuit about?
  2. How do I know if I am included in the Class?
  3. Has the settlement been approved?
  4. How do I receive a share of the settlement funds?
  5. How do I file for an Estate?
  6. What if I retain a lawyer to submit my claim?
  7. Who are the lawyers representing the Class Members?
  8. How do I make a claim?
  9. Where can I get a claim form?
  10. What is the Claims filing deadline?
  11. What if I still have questions?
  1. What is this lawsuit about?

    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.

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  2. How do I know if I am included in the Class?

    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.

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  3. Has the settlement been approved?

    Yes, the Ontario Court approved the Settlement Agreement on May 11, 2021.

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  4. How do I receive a share of the settlement funds?

    To 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.

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  5. How do I file for an Estate?

    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).

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  6. What if I retain a lawyer to submit my claim?

    You 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.

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  7. Who are the lawyers representing the Class Members?

    Colin Stevenson

    Stevenson Whelton LLP

    15 Toronto Street, Suite 200

    Toronto, ON M5C 2E3

    416-599-7900

    [email protected]

     

    Harvin Pitch

    Teplitsky Colson LLP

    70 Bond St #200

    Toronto, ON M5B 1X3

    416-865-5310

    [email protected]

     

    Megan B. McPhee

    Kim Spencer McPhee Barristers P.C.

    1200 Bay Street, Suite 1203

    Toronto ON M5R 2A5

    Tel: 416-596-1414

    [email protected]

     

    Joel P. Rochon

    ROCHON GENOVA LLP

    Barristers and Solicitors

    121 Richmond Street West

    Suite 900

    Toronto ON M5H 2K1

    Tel: 416-363-1867

    [email protected]

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  8. How do I make a claim?

    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. 

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  9. Where can I get a 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.

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  10. What is the Claims filing deadline?

    The completed claim form and supporting documentation must be received by the Administrator on or before March 14, 2022. 

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  11. What if I still have questions?

    If 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

    [email protected]

     

    Harvin Pitch

    Teplitsky Colson LLP

    70 Bond St #200

    Toronto, ON M5B 1X3

    416-865-5310

    [email protected]

     

    Megan B. McPhee

    Kim Spencer McPhee Barristers P.C.

    1200 Bay Street, Suite 1203

    Toronto ON M5R 2A5

    Tel: 416-596-1414

    [email protected]

     

    Joel P. Rochon

    ROCHON GENOVA LLP

    Barristers and Solicitors

    121 Richmond Street West

    Suite 900

    Toronto ON M5H 2K1

    Tel: 416-363-1867

    [email protected]

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