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ASR Hip implant action deadline looms

14 September 2016

New Zealand 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 High Court at Wellington, a statement issued on behalf of Meredith Connell's clients says.

The statement says 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.

It says a hearing has been scheduled for 21-22 September 2016 to determine preliminary questions. 

These include 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 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," the statement says.

The settlement of the Australian class action against DePuy was announced on 31 March 2016, with the case settling for A$250 million after a 17-week trial in the Federal Court in 2015. The Federal Court approved the settlement on 29 June 2016.

The statement advises patients who were implanted with DePuy's ASR XL Acetabular System or ASR Hip Resurfacing System who want more information or to join the claim to contact the ASR victims group through their lawyers, Meredith Connell on hips@mc.co.nz or (04) 914 0530.

Last updated on the 16th September 2019