Q
DePuy ASR BC Class Action Settlement
Frequently asked questions (FAQs)
1) Are you the law firm/lawyers involved in this class action/lawsuit/Settlement?
2) What is this class action/lawsuit about?
3) Who is included in the Settlement? How do I know if I am a Class Member?
5) How may I exclude myself from the BC Class Action and Settlement?
6) What if I opt out of the Settlement and then change my mind?
7) How do I participate in the BC Class Action Settlement if I am a Non-BC Resident?
8) What does the ASR BC Class Action Settlement provide?
9) What is the “Most Favoured Class” clause and how does it impact my claim?
11) Where can I get a claim form?
12) What is the Claims filing deadline?
13) What is the Opt Out Deadline?
15) If I submit a claim, do I have to pay Class Counsel? Or how are they paid?
16) What is the address of the ASR BC Class Action Administrator?
1) Are you the law firm/lawyers involved in this class action/lawsuit/Settlement?
No. We are an independent third-party Administrator the entity selected by the agreement of Class Counsel and Defendants to administer the ASR BC Class Action Settlement, including but not limited to disseminating the Notices, administering the ASR BC Settlement to receive, review and evaluate claims, render settlement awards or deny claims, facilitate the appeal process and process the payment of final settlement awards.
Class Counsel in this case is:
Klein Lawyers LLP
Suite 400, 1385 West 8th Ave
Vancouver, BC V6H 3 V9
Telephone: 604-874-7171
Facsimile: 604-874-7180
2) What is this class action/lawsuit 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 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 settle the case. The BC Court certified the Wilson Action as a class action (“BC Class”) on July 16, 2018 and approved the Amended Settlement Agreement on [date] (“Settlement Agreement”).
3) Who is included in the Settlement? How do I know if I am a Class Member?
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.
4) Who is in the BC Class?
The BC Class is defined as follows:
All residents of Canada asserting the right to sue the Defendants independently or derivatively by reason of their familial relationship to a BC 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).
5) How may I exclude myself 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. The Opt Out must be received by the Administrator on or before June 25, 2021.
Your opt out 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.
6) What if I opt out of the Settlement and then change my mind?
If you opt out of the BC Class Action but later file a claims form prior to the expiration of the Claims Period, your opt-out will be revoked and you will be a member of the BC Class and subject to the terms of the Settlement Agreement.
The Claims Period filing deadline is received by October 25, 2021 at 5:00 p.m. Vancouver time.
7) How do I participate in the BC Class Action Settlement if I am a Non-BC Resident?
You cannot participate in the BC Class Action Settlement if you are a non-BC Resident unless you have opted out of the Ontario ASR Class action and meet the BC Class definition. In that situation, 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. The Opt In form must be received by the Administrator on or before August 24, 2021.
Opt In forms are available for download from the website at https://DePuyASRclassactionBC.ca or we can send you one by email, mail for fax upon request.
ASR BC Class Action Settlement
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6
Fax: 1-888-842-1332
Email: DePuyASRclassactionBC@epiqglobal.ca
Website: https://DePuyASRclassactionBC.ca
8) What does the ASR BC Class Action 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.
Further details on eligibility and the amounts approved claimants may receive are in the Settlement Agreement which can be viewed on the ASR BC Class Action website at https://DePuyASRclassactionBC.ca or class counsel’s website at www.callkleinlawyers.com.
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 will 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.
9) What is the “Most Favoured Class” clause and how does it impact my claim?
Please consult with Class Counsel to inquire as to whether this clause impacts your claim.
10) How do I make a claim?
To be entitled to a payment pursuant to the Settlement Agreement, Class Members, including Opt-Ins, must be Eligible Claimants and submit all required forms and documentation to the Claims Administrator on or before the expiration of the Claims Period. The completed claim form must be received by the Administrator on or before April 26, 2021 to October 25, 2021 at 5:00 p.m. Vancouver time.
For Eligible Claimants who had ASR Revision Surgery, the Claims Period expires 180 days after the Effective Date.
The Effective Date is April 26, 2021. The Claims Period expires on October 25, 2021 at 5:00 p.m. Vancouver time.
Class counsel is available to assist class members in filling out the required claim form.
Klein Lawyers LLP
Suite 400, 1385 West 8th Ave
Vancouver, BC V6H 3 V9
Telephone: 604-874-7171
Facsimile: 604-874-7180
11) Where can I get a claim form?
The Claims Deadline has passed.
12) What is the Claims filing deadline?
Claim forms must be received by the Claims Administrator on or before the Claims Period deadline of October 25, 2021 at 5:00 p.m. Vancouver time.
13) What is the Opt Out Deadline
Opt-Out requests must be received by the deadline, which is 60 days following the first publication date of the Notice of Certification and Settlement Approval in one of the BC publications identified or such other date established by the Court. The Opt Out Deadline is received by June 25, 2021.
14) What is the Opt-In Deadline for Non-BC Residents who wish to become a member of the BC Class (Non-BC Resident Opt-In Class)?
Opt-In Forms must be received by the deadline established and set forth in the Notice of Certification and Settlement Approval, which shall be 120 days following the date of first publication of the Notice of Certification and Settlement Approval in one of the Non-BC publications identified, or such other date established by the Court (the “Opt-In Deadline”).
The Opt-In Deadline is received by August 24, 2021.
15) If I submit a claim, do I have to pay Class Counsel? Or how are they paid?
Yes. The Supreme Court of British Columbia approved an order regarding fees which says:
A 25% approved fee percentage can be deducted from each individual award as it is paid to that individual as provided by section 10.1(iv) of the Amended Settlement Agreement, but no additional money in respect of Class Counsel Fees should flow to Class Counsel until after $1,100,000 in claims have been paid (i.e. when the $275,000 already paid to Class Counsel represents 25% of the total amount awarded.
A copy of this Order is available on the website by clicking here.
16) What is the address of the ASR BC Class Action Administrator?
The contact information for the ASR BC Class Action Administrator is:
ASR BC Class Action Settlement
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6
Telephone: 1-877-797-6678
Fax: 1-888-842-1332
Email: DePuyASRclassactionBC@epiqglobal.ca
Website: https://DePuyASRclassactionBC.ca
17) How do I get more information? Where can I obtain a copy of the Settlement Agreement or other court documents?
More information is available on the ASR BC Class Action Settlement website: https://DePuyASRclassactionBC.ca. You may view, download, or print the settlement agreement and other documents from the Documents page on the website. Click here.
You can also send your questions to our office:
By mail:
By email:
By phone:
Important Dates
NEW: The Schedule B Most Favoured Class Claims deadline is 5:00 p.m. Vancouver time May 27, 2022. Please click here to view the Schedule A-Supplemental Notice. Please click here for the Schedule B – Claim Form and Declaration.
The Schedule A claims deadline was postmarked by October 25, 2021 at 5:00 p.m. Vancouver Time. The claims deadline has passed.
If you need help, please click here for FAQs or click here to contact the Claims Administrator or Class Counsel.
The deadline to Opt-In was August 24, 2021.
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