Hip Products – DePuy

Scharf v. DePuy Orthopaedics et al

Nova Scotia Supreme Court File: Hfx No. 342055

Wagners has filed a proposed class proceeding on behalf of individuals were implanted with a DePuy Hip Implant between July 2003 to the date of certification. The action was filed on January 11, 2011 in the Supreme Court of Nova Scotia in Halifax.

DePuy implants were developed in order to reconstruct human hip joints afflicted with conditions like osteoarthritis, rheumatoid arthritis, avascular necrosis, or fracture. They are designed to last for an average of 15 or more years.

It is alleged that for at least two years the Defendants knew, contrary to their marketing campaigns, that a disproportionately high number of DePuy implants were failing and causing harm to patients. Complaints to Health Canada and the US FDA included component loosening, misalignment, dislocation and fracture, and the creation of abnormal or excessive metal debris in the hip socket. This metal debris could spread to surrounding tissue, causing severe inflammation and damage. The failure of the DePuy implants often requires complicated, expensive and painful revision surgery to correct.

Wagners is presently accepting enquiries from residents of Nova Scotia and New Brunswick who have suffered adverse effects, debilitating injuries or permanent disability as a result of being fitted with a defective and faulty DePuy hip implant.

If you, or a member of your family, have suffered problems or issues with the implant, or were required to have the device explanted as a result of the DePuy hip implant and injury or other losses have resulted, you may be eligible for inclusion as a Class Member in the proposed class action lawsuits.

For information concerning the settlement of this class action and to learn if you may be eligible for compensation, please see the June 21, 2021 update found below which includes contact information for counsel in Ontario who effected the settlement. The deadline to make a claim is March 14, 2022. Information concerning the settlement may be found at: https://www.swlawyers.ca/class-actions/depuy-asr-hip-implant-class-action/

Updates & Latest Developments

A settlement has been reached in the national DePuy ASR Implant class action. The settlement was approved on May 11, 2021.

The amount of money that eligible claimants will receive will be determined by the Claims Protocol.

If you determine that you may be eligible under the settlement, and you would like to file an individual claim under the settlement, you must contact class counsel Stevenson Whelton in Toronto (416.599.7900) and they can enter into a retainer agreement with you and assist you with your claim. You will need to contact them directly.

Note that Stevenson Whelton do not determine if you get money. That will be determined by a claims administrator, RicePoint, subject to a potential appeal to the Appeals Adjudicator who is a retired judge.

If you would like to make a claim in the settlement please contact Stevenson Whelton right away.