If you underwent hip replacement surgery and received a DePuy ASR™ XL Acetabular Hip System or ASR™ Hip Resurfacing System ("ASR Implants"), this notice may affect your rights. Please read carefully.
MONTREAL, May 23, 2018 /CNW Telbec/ - A settlement resolving a class action instituted against Johnson & Johnson, Inc. and DePuy Orthopaedics, Inc., alleging that the ASR Implants are defective, has been approved by the Québec Superior Court (the "Settlement").
Pursuant to the Settlement, the Defendants, without admission of liability, will pay a lump-sum of $20 million to settle the claims of the following Class of individuals, in return for a complete release:
All natural persons who, between July 2003 and August 24, 2010 (the "Period"), were surgically implanted with an ASR XL Acetabular Hip System or an ASR Hip Resurfacing System ("ASR Implant System" or "ASR Implant Systems"), designed, manufactured, sold or distributed by the Defendants, which system was recalled by the Defendants on August 24, 2010, and who were either: (i) Québec residents at the time of receipt of the ASR Implant System or any revision thereof; or (ii) Québec residents at the time of the Defendants' recall of the ASR Implant System; or (iii) Recipients of the ASR Implant System or any revision thereof in Québec, who were Canadian residents at that time, and who now reside outside of Canada. All individuals who make claims against the Defendants in the context of class actions elsewhere in Canada will be excluded from the Québec ASR Class.
The Settlement is the exclusive remedy for all members of the Class who did not opt out of the Class Action by July 25, 2014, who are all bound by and eligible to benefit from the Settlement.
The Terms of Settlement
The Settlement is the exclusive remedy for Québec ASR Class Members. The Settlement provides that the settlement funds will be distributed to members of the Class in virtue of a Claims Administration Protocol and Award Schedule ("Protocol") established exclusively by Class Counsel, without any involvement of the Defendants. The Protocol has also been approved by the Quebec Superior Court.
The Protocol provides that all Québec ASR Class Members who timely submit all forms and documentation required under the Protocol are eligible to receive compensation. The compensation will depend upon whether or not the Class member required one or more operations to replace the ASR Implants inserted during initial hip replacement surgery ("Revision Surgery"), as well as the occurrence of certain defined extraordinary medical complications. Claimants entitled to compensation associated with revision surgery will receive an initial distribution of $20,000.00, and two additional distributions over time, the total amount of which will depend upon a number of factors set forth in the Protocol. Claimants who have not required medically necessary revision surgery within eleven years of receipt of an ASR Implant are eligible to receive compensation of $2,500.00. The Protocol may be found at [www.kklex.com] or [www.collectiva.ca] or you may call Class Counsel or the Claims Administrator for more information.
To Make a Claim
In order to be eligible to receive compensation pursuant to the Settlement, Québec ASR Class Members must submit all required forms and documentation to the Claims Administrator on or before the claims deadline of May 24, 2019.
For More Information or to Obtain a Claim Form
Please contact Class Counsel or the Claims Administrator below:
SOURCE Kugler Kandestin
For further information: Class Counsel in the Québec Proceeding: Me Robert Kugler or Me Olivera Pajani, Kugler Kandestin, LLP, 1 Place Ville Marie, suite 1170, Montréal (Québec) H3B 2A7, Canada, Telephone: 514-878-2861, Toll-free : 1-844-999-2861, Facsimile: 514-875-8424, Email: [email protected], [email protected]; Claims Administrator: COLLECTIVA, 1176 Bishop Street, suite 208, Montréal (Québec) H3G 2E3, Canada, Telephone : 514-287-1000, Toll-free :1-800-287-8587, Facsimile: 514-287-1617, Email : [email protected]