DePuy ASR recall claims in Canada have been certified as a class action suit by an Ontario court Justice who ruled that actions brought against the metal hip manufacturer were factually similar, recent court records indicate.

According to an August 27th opinion, cases over the now-recalled DePuy ASR XL implants include claims that the artificial metal hips were designed defectively by a manufacturer who breached a duty of care to its customers, and should be held liable for damages they allegedly caused. Earlier this summer, court hearings involving the device were held on June 18 and July 9, where juries heard arguments from individuals who received hip resurfacing surgeries using the ASR implants.

In his approval of a DePuy ASR class action lawsuit, the Ontario justice noted that 30 to 40 plaintiffs involved in the pending litigation had undergone revision surgery to remove and replace the hip after it failed prematurely. The manufacturer argued this point, stating that cases involving corrective procedures should be handled individually.

To this, the Ontario justice countered, “The proposed class action seeks damages, including medical monitoring and emotional distress damages, for the hundreds who were implanted with the defendants’ hip systems, not just for the 30 or 40 patients who have had revision surgeries.”

All claims filed in this class action were brought by individuals affected by the DePuy ASR hip recall of August 2010, which was announced by the manufacturer after a British hip registry revealed unacceptably high revision rates associated with the device within five years.

DePuy Likely Underestimating Canadian DePuy ASR Lawsuit Litigation

This Canadian class action suit will likely include thousands of DePuy ASR hip recall claims, according to plaintiffs, who are predicting that 1,500 to 4,000 recipients of the DePuy metal hip will join the proceeding. For the consolidated action, DePuy has estimated a total of 400 potential plaintiffs.

Meanwhile, some 11,000 DePuy ASR hip recall lawsuits have been filed in the U.S.  The first bellwether trial in the federal litigation currently underway in the U.S. District Court, Northern District of Ohio, which now includes nearly 8,000 cases, is scheduled to head to trial on September 24th at 9:00 a.m. Claims filed in state proceedings underway in New Jersey and California have also been given trial dates through October.

Considering a DePuy ASR Hip Recall Lawsuit? Contact Us Today.

If you experienced pain, swelling, or another complication after receiving the DePuy ASR XL implants, contact a lawyer at Bernstein Liebhard LLP to file a claim today. Learn more about the DePuy ASR hip recall at (877) 779-1414.

Published September 18, 2013 by