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    Ongoing class actions

    Major v. Zimmer Inc. et al.

    Zimmer Durom Cup Hip Implants

    The case

    In December 2010, Mr. Ben Wainberg, represented by Merchant Law Group LLP. filed a motion for authorization to exercise a class action against Zimmer Inc., Zimmer GMBH, Zimmer Holdings Inc. and Zimmer of Canada Ltd. (« Zimmer »).

    On March 7th 2016, the Hon. Mr. Justice Louis J. Gouin of the Superior Court granted a motion by Mr. Michel Major, represented by our firm, to replace Mr. Wainberg as the proposed class representative in this class action.

    Mr. Major’s action alleges that Zimmer’s Durom Cup hip implants often failed prematurely and were defective.

    Are you a class member?

    Mr. Major’s action is brought on behalf of the following class:

    All persons in Québec (including their estates and their family members) who received a “Durom Cup” hip implant manufactured by Zimmer.

    However, persons in Québec who elected to participate in the Jones v. Zimmer GMBH action (Supreme Court of British Columbia No. S095493) are excluded from this class action.

    If you are a member of this class action and wish to receive information about its progress, you can sign up to our mailing list by filling out the form at the bottom of the page.

    National Settlement

    Mr. Major, along with the class representatives of the two parallel class actions brought in British Columbia and Ontario, have entered an out-of-Court settlement with Zimmer. This settlement was approved by the Superior Court of Quebec and the Ontario Superior Court of Justice in July of 2016, and by the Supreme Court of British Columbia in September of 2016. The settlement is now final and effective, and  class members can submit their claims to the claims administrator :

    Crawford Class Action Services
    3-505 133 Weber St N
    Waterloo, ON   N2J 3G9
    Toll free: 1-877-739-8939
    TTY: 1-877-627-7027
    Fax: 1-888-842-1332
    email: zimmerdurom@crawco.ca

    You can consult the official notice of settlement here.

    Our firm is at your disposal in order to help you submit your claim. The deadline to submit your claim is September 5, 2017.

    For more information, please consult the Settlement Agreement. Trudel Johnston & Lespérance has further prepared a Summary of the main elements of the proposed Settlement Agreement for class members. You can also consult our Summary of medical documents you will need to provide with your claim, depending on your situation.