Deadline for ASR Hip Implant Victims to Join Group Action

MEDIA RELEASE
ISSUED 13 SEPTEMBER 2016

Deadline Looms for ASR Hip Implant Victims to Join Group Action Against Depuy

Patients who were implanted with DePuy's ASR XL Acetabular System or ASR Hip Resurfacing System Orders have until Friday 16 September 2016 to join the group action against DePuy International that is proceeding in the Wellington High Court.

Just under 40 New Zealand based claimants are seeking compensation for bodily injury including metal poisoning and for financial losses, such as loss of earnings and the cost of care, as well as exemplary damages.

A hearing has been scheduled for 21-22 September 2016 to determine preliminary questions including whether the ACC bar that prevents New Zealand victims suing for compensation applies where harm is caused to a New Zealander by the conduct of a foreign company outside New Zealand.

DePuy’s actions in designing and manufacturing the ASR implants took place outside New Zealand, and DePuy has not contributed to the ACC scheme by paying levies or taxes in New Zealand.

Some of the recipients have been left with lifetime permanent disabilities. DePuy, a global subsidiary of Johnson and Johnson, has paid for the claimants’ revision surgery, to replace the ASR joints with safe implants, and some of the claimants’ out of pocket expenses, but has refused to pay compensation that meets the recipients’ major losses.

On 31 March 2016, the settlement of the Australian class action against DePuy was announced. That case settled for $250 million after a 17 week trial in the Federal Court last year.

Patients who were implanted with DePuy's ASR XL Acetabular System or ASR Hip Resurfacing System who would like more information or to join the claim should contact the ASR victims group through their lawyers, Meredith Connell on hips@mc.co.nz or 04 914 0530.

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