DePuy ASR hip implants class action
The DePuy hip implants class action is being conducted on behalf of all patients who have had one or more DePuy ASR components surgically implanted by a doctor in Australia.
The DePuy ASR hip implants are a series of metal components used as artificial hip prostheses in the DePuy ASR Articular Surface Replacement System, the DePuy ASR Hip Resurfacing System or the DePuy ASR XL Acetabular System. These DePuy ASR hip implant systems were designed and manufactured to be used in total hip replacement or hip resurfacing surgery.
It was alleged that the DePuy ASR hip implants were defective, not fit for their purpose and were not of merchantable quality in contravention of the Trade Practices Act 1974 (Cth), and that DePuy and Johnson Johnson were negligent.
The class action is against the UK based company, DePuy International Ltd, which manufactured the DePuy ASR hip implants, and against Johnson Johnson Medical Pty Limited, which distributed and sold the DePuy ASR hip implants within Australia.
On 29 June 2016, the Federal Court approved the settlement of the DePuy ASR Class Action for $250 million plus interest and including legal costs, without admission of liability by DePuy or Johnson Johnson.
On 26 April 2016, the Federal Court approved the form of a notice to be sent to Group Members with information about the settlement. The notice contains important information about the settlement. It also explains what Group Members must do to claim compensation in the settlement. A copy of the Settlement Notice can be downloaded here and in the ‘Resources/Links’ section below.
At the approval hearing on 29 June 2016, the Court approved the settlement pursuant to an Amended Settlement Scheme, which can be viewed here , and in the ‘Resources/Links’ section below.
Important details about changes to the scheme are summarised in the Further Notice to Group Members, which can be viewed here and in the ‘Resources/Links’ section below.
Importantly, Group Members who want to claim compensation in the settlement must register online at the following website: www.depuyclassaction.com.au
Update: On 1 December 2016 the Court delivered its written judgment on the approval of the settlement. The written judgment contains the Court’s detailed reasons for the orders made on 29 June 2016 approving the settlement. The judgment can be downloaded here and in the ‘Resources/Links’ section below.