Australian hip implant class action settles for $250 million
31 March 2016
After more than five years of a contested case – including a 17-week trial last year – clients affected by the DePuy ASR hip implants have secured a $250 million class action settlement (subject to Court approval).
The class action agreement was struck by lawyers at Maurice Blackburn and Shine, who both acted on behalf of class members in reaching the joint outcome.
Julian Schimmel from Maurice Blackburn Lawyers said the settlement was an appropriate method of resolving the proceedings.
“With Court approval, this $250 million settlement will resolve the class action in the interests of affected clients who through this class action, alleged that the ASR implants were defective in design,” Mr Schimmel said.
“This $250 million settlement will mean that patients are entitled to be compensated if they have had or still need corrective surgery due to problems with their ASR hip implants.”
DePuy International Ltd and Johnson & Johnson Medical Pty Limited denied these allegations and defended the proceedings.
Unless class members previously opted out of the ASR class action, the settlement provides a full release to the respondents and settlement of the claims of class members in relation to the ASR hip implants. The case has been settled by the respondents on a ‘no admissions’ basis.
If the settlement gains independent Court approval, it will be administered by both Maurice Blackburn and Shine, who will be responsible for how the settlement sum is distributed to its class members.
For those affected, the fundamental structure for distribution of the settlement plan is as follows:
• Recipients of the ASR implants who have required revision surgery as a result of actual or alleged problems with the ASR implants will be entitled to compensation • Class members are still within time to register their interest to participate in the settlement plan • Some ASR recipients are yet to have revision surgery and the settlement plan will remain open for a period into the future to facilitate these claims • The settlement will provide for compensation to be paid to class members to reflect their individual circumstances and losses.
There is information available at www.depuyclassaction.com.au which is also where affected class members will be able to register claims if the settlement gains Court approval.