What is this Class Action about?

A proposed class action lawsuit captioned Wilson v. DePuy International Ltd., et al., Action No. S-116652, was filed in the Supreme Court of British Columbia regarding allegations that the DePuy ASR™ XL Acetabular Hip System or ASR™ Hip Resurfacing System was defective, and that they failed prematurely, requiring revision surgery (“Wilson Action”).  While not admitting liability, the Defendants have agreed to consent to its certification as a class action and to a class action settlement Program for certain class members.   .  The BC Court certified the Wilson Action as a class action (“BC Class”) on July 16, 2018 and approved the Amended Settlement Agreement on March 3,2021 (“Settlement Agreement”).

 

Who is in the BC Class and Potentially Eligible to Participate in the Settlement?

The BC Class is defined as follows:

1. BC Resident Opt-Out Subclass:  all persons resident in British Columbia who underwent the surgical implantation of the ASR™ XL Acetabular Hip System or ASR™ Hip Resurfacing System in a surgery occurring in Canada (“ASR Index Surgery”).
   
   
2. Non-BC Resident Opt-In Subclass:  all persons who previously were members of the Ontario ASR Class Action but who opted out of the Ontario ASR Class Action and who affirmatively opt into this BC ASR Class Action.
   
   
3. All residents of Canada asserting the right to sue the Defendants independently or derivatively by reason of their familial relationship to a Class Member under either the common law of Family Compensation Act applicable to the BC Resident Opt-Out Subclass, or for Non-BC Resident Opt-In Subclass members, those defined pursuant to section 61(1) of the Family Law Act, R.S.O. 1990, c. F.3 ;as amended (or any similar legislation in any of the Canadian  provinces and territories or the Civil Law of Quebec).

 

The BC ASR Class does not apply to any other DePuy Hip System.

 

An Eligible Claimant under the Settlement means a member of the BC Class (either as a member of the BC Resident Opt-Out Subclass or Non-BC Resident Opt-In Subclass) who (a) was a Canadian Patient, (b) underwent an ASR Index Surgery, and (c) underwent an ASR Revision Surgery.

 

How do I exclude myself from the BC Class Action and Settlement?

For BC Residents Only:  Excluding Yourself from the BC Class Action and Settlement:

If you are a resident of British Columbia who meets the BC Class definition and you wish to exclude yourself from the BC Class Action and Settlement, you must deliver a written submission declaring your intention to opt out of the class action to the Claims Administrator by registered or certified mail at the addresses below on or before June 25, 2021.  Your submission must include your name and address and the statement “I wish to be excluded from the BC Class.”  If you exclude yourself from the class action, you will not be able to seek compensation under the Settlement Agreement unless you change your mind before October 25, 2021 at 5:00 p.m. Vancouver Time, which is the expiration of the Claims Period and you file a claims form before that date.  The deadline for you to exclude yourself from the BC Class and Settlement is: June 25, 2021.

 

I am not a BC Resident. How do I join the BC Class Action and Settlement?

 

Non-BC Residents Only:  Joining the BC Class Action and Settlement:

 

If you have opted out of the Ontario ASR Class action before July 30, 2014 and meet the BC Class definition you may opt into the BC Class Action and Settlement by delivering a copy of the Ontario opt-out form and a completed and Signed Opt-In Form (Schedule J to the Settlement Agreement) to the Claims Administrator by mail or email at the address below on or before August 24, 2021.

 

What does the settlement provide?

The settlement provides certain compensation to class members who are or become Eligible Claimants and who timely submit all forms and documentation under the Settlement Agreement, less deductions for legal fees.

Class members who are eligible and submit approved claims could receive compensation if they have undergone a single or bilateral revision , subject to reductions for length of time the device was in place and other things outlined in the Settlement Agreement.

Eligible class members who have undergone either a single or bilateral revision and have experienced certain additional complications, including extraordinary income loss, may also receive additional funds as set out in the Settlement Agreement.  Amounts may also be payable to spouses of approved claimants.

Details on eligibility and the amounts approved claimants may receive are in the Settlement Agreement which can be viewed on class counsel’s website.

For any individuals who are members of both the Crisante Ontario ASR Class Action and this Wilson British Columbia ASR Class Action and who are Eligible Claimants in this BC class action:  the Ontario court will shortly be asked to approve a settlement in the Crisante Ontario class action.  A person who is a member of both class actions can  only obtain one recovery.  They will need to seek settlement recovery from the Crisante Ontario ASR Class Settlement Program unless the Crisante Ontario ASR Class Settlement Program is not approved before the last payment has to be made under the Wilson British Columbia ASR Settlement Program.  Please contact Class Counsel below if you are uncertain whether you are a member of both classes.