Class Action Certified Against Manufacturer Of Hip Replacement Systems

On August 27, 2013, Justice Belobaba certified a class action against DePuy Orthopaedics Inc., DePuy International Limited, DePuy Inc., and Johnson and Johnson Inc. (collectively "DePuy") with respect to two "metal-on-metal" hip replacement systems (Crisante v DePuy Orthopaedics, 2013 ONSC 5186).  The main allegation is in negligence for defective product design and failure to warn. 

The metal-on-metal hip systems in issue were introduced into the market in 2006. Soon after the introduction of these hip systems, there were reports of higher than normal failure and revision rates. (The failure of a hip implant system can result in painful revision surgery to remove and replace the system.) In 2010, DePuy issued a voluntary recall of the hip systems. The class action is brought on behalf of all individuals resident in Canada, outside of BC and Quebec, who were implanted with one of the recalled hip systems. The proposed class definition was not limited to individuals