EN /FR
Smith & Nephew Hip Implant Class Action
This class proceeding concerns allegations that Smith & Nephew Inc. and related companies were negligent in the research, design, manufacture, regulatory licensing, sale and post-market monitoring of the Smith & Nephew R3 Metal Liner Component of the R3 Acetabular System. When the R3 Metal Liner is used with a metal femoral head, the implant is a metal-on-metal hip replacement.
This proposed class proceeding is brought on behalf of all persons implanted with the Smith & Nephew R3 Acetabular System containing the R3 Metal Liner Component who were resident in Canada at the time of the implant.
If you were implanted with a Smith & Nephew hip implant containing an R3 Metal Liner, please call 1-888-723-4303 or email smithandnephewclassaction@kmlaw.ca.
If you were implanted with a different device, you are not a member of the proposed class and will not qualify for any recovery obtained for class members. This means that should you wish to pursue a legal action, you will need to contact and retain a different law firm.
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Latest Developments
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December 16, 2013
The Notice of Civil Claim in this action has been issued.
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December 16, 2013
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Documents
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.
How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Email: smithandnephewclassaction@kmlaw.ca
Toll Free Hotline: 1.888.723.4303
