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The Ontario Superior Court of Justice recently certified a class action lawsuit brought by Canadian citizens who were allegedly injured as a result of the recalled DePuy ASR hip system. Justice Edward Belobaba approved three issues for certification in his August, 27, 2013 opinion – whether the DePuy ASR implants are defective, whether the manufacturers breached a duty of care and whether recipients are entitled to special damages for medical costs. The Court denied plaintiffs’ request for medical monitoring.
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