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: