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Hip Products – DePuy

Scharf v. Depuy Orthopaedics et al

Nova Scotia Supreme Court File: Hfx No. 342055  

On January 11, 2011 Wagners, in cooperation with Stevensons LLP of Toronto, Ontario, filed a proposed class proceeding in the Supreme Court of Nova Scotia on behalf of residents of Nova Scotia who were implanted with a DePuy Hip Implant at any time between July 2003 to the date of certification of the lawsuit as a class proceeding.

DePuy implants were developed in order to reconstruct human hip joints that are diseased due to conditions such as osteoarthritis, rheumatoid arthritis, avascular necrosis, or fracture. The DePuy implants are designed to replace all or parts of diseased hip joints in order to alleviate symptoms of these health conditions. They are designed to last for an average of 15 or more years. The Defendants aggressively marketed the DePuy implants as having advantages over other hip replacement or resurfacing systems and they were advertised as suitable, safe, effective, minimally invasive hip replacements, and as “high performance” systems.

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.

The Defendants were also aware that the Australian Joint Registry had issued seven reports to the Defendants or their Australian affiliates starting in 2007 that identified problems with the DePuy implants. The Defendants withdrew the DePuy implants from the Australian market in December 2009, however, they consistently failed to disclose or warn Canadian patients of the significant risk of failure in the DePuy implants. The Defendants knew or ought to have known of the significant risks associated with the use of DePuy implants.

  • Update – December 11, 2015

    We have received a minor update from Stevensons LLP with respect to the Depuy Hip class action.

    The case is continuing to proceed in Ontario and we will continue to post updated news and information when it is received.

  • Update – April 15, 2015

    Counsel in Ontario are in the process of identifying and contacting individuals who the Defendants have identified as receiving the DePuy implants that are subject of this class action.

  • Update – May 31, 2014

    A copy of the Notice of Certification has been posted under the Court Documents tab.

  • Update – November 5, 2013

    A copy of the successful certification decision, dated August 27, 2013, concerning the class action was released by the Ontario Superior Court of Justice and is now available for viewing under the Court Documents tab.

  • Update – May 10, 2013

    An Amended Notice of Action was filed in the Court of Queen’s Bench, Judicial District of St. John, New Brunswick on today’s date. A copy of the claim may be viewed under the Court Documents tab.

  • Update – December 6, 2012

    We have been advised by our co-counsel, Stevensons LLP, that their motion to certify a National class concerning the DePuy implant will be heard on June 18-20, 2013 in the Ontario Courts.

  • Update – July 25, 2012

    We have been advised by our co-counsel, Stevensons LLP, that they are in the process of scheduling a certification motion which will be held in Ontario. The documents have been served on the Defendants. Further amendments to the documents may be necessary.

    Once dates have been assigned, we will post an update on this page.

  • Update – March 7, 2012

    Wagners are continuing in its efforts to identify potential experts who will provide reports in support of the Plaintiffs’ intended Motion for Certification of the class proceeding.

  • Update – February 13, 2012

    Wagners are presently identifying potential experts who will provide a report in support of the Plaintiffs’ Motion for Certification which will be filed in the future.

  • Update – January 11, 2011

    Wagners commenced a proposed class proceeding on behalf of Nova Scotia residents affected by defective and faulty DePuy hip implants. Read the Press Release here.

The following documents concerning the class action which Wagners has filed in relation to the defective DePuy hip implant product manufactured by Johnson & Johnson are available for viewing in PDF format:

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 omplant.

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.

To sign up and determine if you qualify, please fill out this registration form:

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I am very grateful to Wagners Law Firm. Wagners lawyers treat me with respect. I’m so very thankful to Wagners. They are kind and respectable people. I could not find a better law firm than Wagners. I highly recommend them to anyone who needs a personal injury lawyer. Knowing Wagners is there to defend me has given me hope and security. Wagners is the best.-A. Christine Littleread more
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I could not have made a better choice for representation in my personal injury case.The team at Wagners are very thorough, experienced and experts in their field of practice.Throughout the process, I was always kept up to date and they always took the time to explain what was entailed in the process and the timeline for such cases.In particular I would like to thank Loreatha Boehner for her expert counsel and negotiating skills and bringing my case to a successful conclusion.read more
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15:29 05 Feb 19
5 years ago Ray was recommended to me. I contacted him and he took my medical malpractice case on. Although I was in Cape Breton, Ray met with me on several occasions. He was very professional and the staff took care of me in an excellent way throughout the entire process.When you get hurt in a catastrophic way like I did, taking on legal action is very scary. The process of medical malpractice litigation can be very draining and disturbing to a person. The legal process was very unknown to me. I believe there should be more people like Ray, Kate and Krizia. They went above and beyond. Ray has a great sense of responsibility to his clients.I only saw parts of the legal process but I know they make it a lot easier for people. I am overwhelmed by the kindness and patience of Ray and his entire team.read more
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01:10 30 Jan 19
I can give your firm a 5 for satisfaction. I was very pleased in all communication and your professionalism getting to a settlementread more
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07:58 15 Jan 19
After my accident I was getting nothing but a run around from my insurance company, that is if I could actually get them to answer an email or return a phone call.  I was getting so frustrated that I would just break down and cry.  My father in-law told me it was time for a lawyer. I don't know why I didn't think of it.  Oh wait I do, my insurance company told me that they would take care of me.  Lie number one, they also told me they wanted to take care of everything as quickly as possible so that my life wouldn't be that disrupted. Lie number 2. I did my homework to find someone who would best represent me.  I contacted Wagner law threw their live chat, thank god for live chat because I was in bed in a lot of pain and found it hard to sit and even talk on a phone. they paired me with a member of their firm right away.  I think my lawyer Lisa Wagner was sent from god himself.  I had a lot of questions and she answered every one of them for me and also advised me on a lot of things I didn't know of.  Its because of her i got into see all the right medical professionals and finally started on the road to recovery.  It was a long hard battle but Lisa helped me threw it all.  She was amazing, caring and I truly felt her compassion for me and what I was going threw.  We only met face to face a few times, due to living in different province's, every time we did it was like sitting with an old friend. I would and do recommend Wagner Law to everyone I hear may need a Lawyer and tell all my friends and family if they ever need a lawyer to contact Wagner's. The most stars I'm able to give them is 5 but i think they deserve a 10. Thank you all for everything you have done to help me and my family.  We truly couldn't have got threw this without you.read more
Joanne R
05:57 15 Jan 19
Wagners walked me through every step and took the time to explain all the legal information to where I could understand. I would have and will recommend again in the future! Thank you for all that you have done and I am finally able to move forward from that chapter of my life!!!read more
Bobby Campbell
02:03 15 Jan 19
Dyana was so kind to help me and respond to my query within 24h even though they do not pursue the specific class action I was looking for. She sent me few links by email. Thank you Dyana.read more
Sam M
16:11 19 Jan 18
I have dealt with Wagner and Associates over the years and have received great advice,support and results . Their team is very respectful and show they care. You can trust them to take care of you and they always have your best interest in hand. I would definetly recommend them .read more
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01:21 16 May 17
Ray Wagner and his legal team have been representing my niece and I for many years. They have been honest and quick to respond to all our needs in a professional manner. I highly recommend Wagners Law Firm and appreciate their caring approach.Thanksread more
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16:29 03 May 17
I can't speak highly enough about the lawyers at Wagners who represented me for injuries from not one but two motor vehicle accidents. They were very professional and approachable. I was kept informed of all steps in the process and all of my inquiries were responded to and dealt with very quickly. The lawyers are knowledgeable and showed great empathy for what I was going through. I would recommend this firm to anyone!read more
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12:03 06 Oct 16
I contacted Wagners about a motor vehicle accident.I was able to speak with someone right away. The staff were very pleasant and helpful.I received a response about pursuing a case the next day.I would highly recommend this firm.read more
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11:30 06 Oct 16

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