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Wright Profemur Hip Implant System

Taylor v. Wright Medical Technology Canada Ltd. et al

Nova Scotia Supreme Court File: Hfx No. 355381 

A Notice of Action and Statement of Claim were filed on September 13, 2011.

Various amendments to the claim have been filed, most recently on August 16, 2013.

The case was certified as a class proceeding on June 25, 2014.

The deadline for members of the class to opt-out of the action was December 31, 2015.

The Defendants lost an appeal of certification, and were denied leave to appeal to the Supreme Court of Canada.

The Certification Order is upheld.

The parties are presently preparing for trial. Dates for the trial have not yet been scheduled.

The Profemur Hip Implant System, manufactured by Wright Medical Inc. and its subsidiaries, was developed to reconstruct human hip joints that are diseased due to conditions such as osteoarthritis, rheumatoid arthritis, avascular necrosis, and fracture.

Wright Medical Technology Canada Ltd., is a Canadian limited company. Wright Medical Technology, Inc., is a corporation organized and existing under the laws of the state of Delaware. Wright Medical Group, Inc., is a corporation organized and existing under the laws of the state of Delaware.

The Profemur Hip Implant System is composed of a Profemur Modular Stem (i.e., a Profemur Z stem, Profemur Plasma Z stem, Profemur LX stem, Profemur Tapered stem, Profemur RAZ stem, Profemur TL stem, Profemur Xm stem, or Profemur Renaissance stem) with a Profemur neck, and femoral head. This modularity allows orthopaedic surgeons more options for modifying the implant’s geometry and should yield better results than conventional hip replacement systems.

The Profemur Hip Implant System received licensing approval from Health Canada in February 2001.

The Profemur Hip Implant System was approved in the United States by the FDA through a controversial 510(K) pre-market approval process meaning the manufacturer had to merely demonstrate that the Profemur Hip Implant System was substantially equivalent to an existing medical device to grant its approval.

The Annual 2009 Report of the Australian Joint Registry advised that the Profemur Z Stem component of the Profemur Hip Implant System has an 11.2% failure rate at the three year interval. By comparison, the majority of total hip implant surgeries demonstrate an average longevity of 10 to 15 years or more before requiring a revision.

Wagners have filed a class proceeding on behalf of Canadians who received a Wright Profemur Hip implant between 2001 and the present.

  • Update – February 22, 2016

    On today`s date, correspondence was received from the Honourable Justice Michael Wood setting the date of July 20, 2016 for the hearing of the motions previously scheduled to be heard on March 31, 2016.

    Counsel are presently discussing the filing schedule.

  • Update – February 16, 2016

    We have been advised by the Nova Scotia Supreme Court that the motions which were scheduled to be heard on March 31, 2016 will no longer proceed at that time due to scheduling conflicts.

    Counsel are working with the Court to secure a new date for the hearing of the Defendants’ Particulars motion and the Plaintiff’s Production motion.

    This news page will be updated once the new date has been assigned.

  • Update – February 11, 2016

    The Supreme Court of Canada has released its decision with respect to the application for leave to appeal filed by Wright Medical Group Inc. with respect to the Nova Scotia Court of Appeal’s decision upholding certification.

    The SCC has dismissed, with costs, the leave application. The lawsuit is now confirmed to proceed by way of a class action.

  • Update – February 8, 2016

    The Supreme Court of Canada will release its decision with respect to the Defendants’ Application for Leave to Appeal the Nova Scotia Court of Appeal’s decision upholding the successful certification of this class action.

    The decision from Canada`s highest Court will be will be released on Thursday, February 11, 2016. 

    We will update this page once the decision is available. A copy of the decision will be made available under the Court Documents tab.

  • Update – December 30, 2015

    The filing schedule with respect to the upcoming motion for particulars and production is as follows:

    • March 9/16 – Defendant’s Notice of Motion, Affidavit & Brief to be filed
    • March 16/16 – Plaintiff’s Response Brief to be filed
    • March 23/16 – Defendant’s Rebuttal Brief to be filed

    Copies of all relevant documents will be posted under the Court Documents tab.

  • Update – December 15, 2015

    All Counsel appeared before the Honourable Justice Wood for a case management conference on December 14, 2015.

    Justice Wood has scheduled the hearing of the proposed motion being brought by the defendants to deal with particulars and production for March 31, 2016.

  • Update – November 13, 2015

    On November 6, 2015, Wagners received a Demand for Particulars from Counsel for the Defendant.

    Wagners have now provided our answers to the demands and both documents may be found under the Court Documents tab.

  • Update – October 15, 2015

    We ask that all Class Members please take an opportunity to read the Notice of Certification which sets out the future conduct of the class action and also contains important information concerning your legal rights.

    The Defendants, Wright Medical, have filed its application for Leave to Appeal with the Supreme Court of Canada. The Defendants are seeking the opportunity to appear before Canada’s highest court to argue that the Nova Scotia Court of Appeal’s decision, which upheld Justice Wood’s decision which successfully certified the lawsuit as a class action, should be reversed. The document may be viewed under the Court Documents tab.

    Future updates and documents will be made available on these pages.

  • Update – October 9, 2015

    On today’s date, our Ottawa agents filed our response to the Defendants’ application for leave to appeal the Nova Scotia Court of Appeal’s decision which upheld the successful certification decision.

    The response and other documents are available for viewing under the Court Documents tab.

  • Update – September 24, 2015

    Counsel for the Defendants submitted its Application for Leave to Appeal to the Supreme Court of Canada on today’s date. The Defendants are seeking leave from Canada’s highest Court to argue for the reversal of the Nova Scotia Court of Appeal decision upholding certification.

    Any relevant documents filed by the parties will be made available under the Court Documents tab.

  • Update – August 28, 2015

    On today’s date, Wagners provided its Affidavit of Documents to Counsel for the Defendants. We have requested that the Defendants produce their Affidavit of Documents.

  • Update – July 7, 2015

    On today’s date, the Nova Scotia Court of Appeal released its decision concerning the Wright Medical class action. The appeal, filed by the Defendants on July 9, 2014, sought to overturn the decision of the Honourable Justice Michael Wood dated March 7, 2014.

    The Court of Appeal has dismissed the appeal of Justice Wood’s decision which certified this case as a class action. A copy of the Decision and Order may be located under the Court Documents tab. 

  • Update – June 26, 2015

    We continue to await the release of the Nova Scotia Court of Appeal’s decision concerning the Defendants’ appeal of the certification of the Wright Medical class action.

    Once the decision has been released, it will be posted under the Court Documents tab.

  • Update – March 31, 2015

    We received a copy of the Defendants Affidavit of Documents on today’s date.

    A copy of the index to the Affidavit may be found under the Court Documents tab.

  • Update – February 19, 2015

    We received a copy of correspondence from the Defendants to the New Brunswick Court requesting that their Defence be filed with respect to the class action.

    A copy of the Defence may be found under the Court Documents tab.

  • Update – January 29, 2015

    Wagners appeared before a panel of Judges of the Nova Scotia Court of Appeal on today’s date for the hearing of the Appeal filed by the Defendants.

    The Court of Appeal has reserved its decision. This page will be updated with further information once the decision has been rendered.

  • Update – November 28, 2014

    On behalf of the Respondent/Plaintiff, we have filed our Factum in response to the position set out by the Defendants in their Factum filed on October 31, 2014. A copy of our Factum and other documents may be viewed under the Court Documents tab.

  • Update – October 31, 2014

    The Appellants/Defendants have filed their Factum in support of the appeal of the successful certification decision. A copy of the Factum may be viewed under the Court Documents tab.

  • Update – October 2, 2014

    The Appeal filed by the Defendants will be heard on January 29, 2015. 

  • Update – August 13, 2014

    The Defendants have filed their Defence to the class action. A copy of the Defence may be viewed under the Court Documents tab. 

  • Update – July 16, 2014

    Counsel for the Defendants filed their Notice of Appeal of the Certification Order of Justice Wood on July 9, 2014. A copy of the Appeal Notice may be viewed on the Court Documents page.

    Dates for the Appeal will be set during an appearance before a judge with the Nova Scotia Court of Appeal on July 24, 2014.

    This page will be updated with the significant dates concerning the appeal once the schedule has been set.

  • Update – March 18, 2014

    Counsel will be appearing before the Honourable Justice Michael Wood for a Case Management Conference on May 13, 2014.

    Issues concerning the finalization of the Certification Order as well as the Litigation Plan will be among the matters discussed at the conference.

  • Update – March 10, 2014

    On March 7, 2014, the Honourable Justice Michael Wood released his decision with respect to the Plaintiff’s Motion for Certification.

    We are pleased to advise that the decision was in favour of our motion and the case has been certified as a class action.

    The decision may be viewed under the Court Documents tab.

  • Update – December 19, 2013

    The Honourable Justice Michael Wood requested that Counsel file, if they so chose, submissions concerning a recent Nova Scotia Court of Appeal decision and how it may impact the Plaintiff’s motion for certification in this matter.

    We filed a brief with respect to the issue and Counsel for the Defendants have also filed submissions. Copies of the documents which were filed on today’s date may be found under the Court Documents tab.

  • Update – August 16, 2013

    The Plaintiffs’ have filed their 2nd Fresh as Amended Statement of Claim with the Court on today’s date. A copy may viewed under the Court Documents tab.

  • Update – August 15, 2013

    The Plaintiffs’ motion for certification was heard on today’s date before the Honourable Justice Michael Wood. Justice Wood has reserved his decision.

    When the decision has been released by the Supreme Court of Nova Scotia, a copy will be posted under the Court Documents tab.

  • Update – June 7, 2013

    The Plaintiffs’ have filed their Reply to the Defendants’ Certification Brief. A copy may viewed under the Court Documents tab.

  • Update – May 29, 2013

    The Plaintiffs’ filed an Amended Notice of Action and Statement of Claim with the Supreme Court of Nova Scotia on today’s date. A PDF version may be found under the Court Documents tab.

  • Update – May 24, 2013

    The Defendants’ Brief with respect to certification was filed on May 24, 2013. A PDF version may be found under the Court Documents tab.

  • Update – May 1, 2013

    The Plaintiffs’ Brief with respect to certification was filed on April 26, 2013. A PDF version may be found under the Court Documents tab.

  • Update – March 1, 2013

    The Defendants’ affidavits with respect to certification may be found under the Court Documents tab.

  • Update – February 22, 2013

    The Defendants’ response to the certification materials filed by the Plaintiffs is due on February 28, 2013. Once the documents are provided to Wagners, they will be available for viewing under the Court Documents tab.

  • Update – December 5, 2012

    The Plaintiffs have filed their materials to certify the proceeding as a class action. Copies of the motion documents may be found under the Court Documents tab.

  • Update – July 19, 2012

    A schedule has been agreed to with respect to the Certification Motion. An Order approving the schedule may be found under the Court Documents tab.

  • Update – March 7, 2012

    The Honourable Justice Michael Wood has been assigned to case manage this proceeding. 

  • Update – February 13, 2012

    Wagners have sent correspondence to the Supreme Court of Nova Scotia to request that a Case Management Judge be assigned to this proposed class proceeding.

    Once a Judge has been assigned we will update this News page with further information.

  • Update – September 13, 2011

    On September 13, 2011, Wagners filed their Notice of Action and Statement of Claim with the Supreme Court of Nova Scotia on behalf of all Canadians who may have been affected by Wright Profemur Hip Implants. Read the Press Release here. A copy of the claim may be viewed under the Court Documents tab.

Wagners is presently accepting enquiries from residents of Canada who have suffered adverse effects, debilitating injuries or permanent disability as a result of being fitted with a Wright Profemur Implant.

If you, or a member of your family, have suffered problems or effects as a result of the Wright Profemur Implant and injury or other losses have resulted, you may be eligible for inclusion as a Class Member in the proposed class action lawsuit.

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

Do You Have a Claim?

I have read and understand the disclaimer.

Sam M
Sam M
16:11 19 Jan 18
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.
linda frausell
linda frausell
01:21 16 May 17
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 .
frank slaunwhite
frank slaunwhite
16:29 03 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. Thanks
Missy Day
Missy Day
12:03 06 Oct 16
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!
Nicholas Gordon
Nicholas Gordon
11:30 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.
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