VANCOUVER and MONTREAL, May 20, 2016 /CNW/ - Subject to court approval, a settlement has been reached in the certified class actions involving Canadians who were implanted with the Zimmer Durom Cup hip implant. Class actions have been certified in British Columbia (Jones v. Zimmer) and Ontario (McSherry v. Zimmer). Authorization (Certification) is pending in a proposed class action filed in Quebec (Major v. Zimmer), and the parties have consented to authorization (certification) of that action.
The settlement applies to "all persons who were implanted with the Durom Cup in Canada" and their estates and family members.
The defendants to the three actions do not admit liability, but have agreed to a settlement providing compensation to class members with certain injuries upon approval after receipt of supporting documentation, less deductions for legal fees. Public health insurers are also entitled to compensation under the settlement agreement. Please refer to the settlement agreement for compensation details.
Motions to approve the settlement agreement will be heard by the Supreme Court of British Columbia in Vancouver on June 28, 2016, the Ontario Superior Court of Justice in Toronto on July 14, 2016, and the Quebec Superior Court in Montreal on June 28, 2016. At the hearings, Class Counsel will also ask the courts to approve payment of its fees and disbursements for its work in connection with the three actions.
The Superior Court of Quebec has authorized the class action for the sole purpose of approving the Settlement. Quebec residents implanted with the Durom Cup in Canada who wish to exclude themselves from the Quebec class action, can opt-out but must do so in writing by June 23, 2016.
Class members who do not oppose the settlement do not need to appear at the hearings to indicate their desire to participate in the settlement. Class members who oppose the settlement have the right to present arguments to the courts or to object to the settlement by delivering a written submission to Class Counsel on or before June 23, 2016. A class member who wishes to object to the settlement shall provide in his or her objection the following information: (a) the full name, current mailing address, fax number, telephone number, and email address of the person objecting; (b) a brief statement of the reasons for the objection; (c) a declaration that the person believes he or she is a member of the Class, and the reason for that belief, including, if available, the catalogue and lot numbers of his/her Durom Cup(s); (d) whether the person intends to appear at the relevant approval hearing or intends to appear by counsel, and, if by counsel, the name, address, telephone number, fax number, and email address of his or her counsel; and (e) a declaration under the penalty of perjury that the foregoing information is true and correct.
SOURCE Klein Lawyers LLP
For further information: and a copy of the settlement agreement, contact: Class Counsel in the Jones and McSherry Actions: Klein Lawyers LLP, Suite 400, 1385 West 8th Avenue, Vancouver, BC V6H 3V9, Telephone: 604-874-7171, Facsimile: 604-874-7180, www.callkleinlawyers.com; Class Counsel in the Major Action: Trudel Johnston Lespérance, Suite 90, 750 Côte de la Place d'Armes, Montreal, QC H2Y 2X8, Telephone: 514-871-8385, Fax: 514-871-8800, www.tjl.quebec