Update – October 9, 2025:
On April 13, 2022, the Plaintiffs brought a motion to amend the Statement of Claim in this case (the Chamberlain Action). As discussed below, the Plaintiffs were partially successful on that motion.
At that motion, the judge decided that the entirety of the amended action was to be governed by the amended version of the Class Proceedings Act, which came into force on October 1, 2020. The Plaintiffs appealed the motion judge’s decision and the appeal was heard by the Court of Appeal for Ontario.
The Court of Appeal allowed the Plaintiffs’ appeal, in part, ordering that the motion judge had made an error in deciding that the entire amended action should be governed by the amended version of the Class Proceedings Act. The Court of Appeal also ruled the Plaintiffs are permitted to file a separate action against the three Defendants they sought to add on the motion below. You can read the Court of Appeal’s decision here.
As a result of the Court of Appeal’s decision, the Plaintiffs’ filed a second, separate action against Wright Medical Technology Canada Ltd., Wright Medical Technology Inc., Wright Medical Group Inc, MicroPort Medical B.V., MicroPort Scientific Corporation, and MicroPort Orthopedics Inc. in relation to both the Conserve Plus-Resurfacing and the Conserve A-Class-Total hip implants. This action, called the Marchand Action, will be governed by the amended Class Proceedings Act.
Both the Chamberlain Action and Marchand are proceeding to a certification hearing together, as the two actions are overlapping and are substantially related in that they assert the same causes of action regarding the metal-on-metal hip implants supplied by one or more of the Wright Defendants and one or more of the MicroPort Defendants.
The Plaintiffs in both actions have delivered their Certification Records, and have received the Defendants’ Responding Records. The Plaintiffs are in the process of preparing Reply Records.
The Certification Motions in both actions will be heard from May 4-8, 2026.
Update – October 17, 2022
A proposed class action commenced by Kim Spencer McPhee Barristers P.C. on behalf of Ms. Gayle Rowland in relation to the ProFemur Hip System and the Conserve Hip System [“Rowland Action”] has been discontinued by the Ontario Superior Court of Justice. The discontinuance of the Rowland Action took effect on September 20, 2022.
Kim Spencer McPhee Barristers P.C. is now working with Rochon Genova to advance the claims of individuals implanted with the Conserve Hip System through Rochon Genova’s proposed class action against Wright Medical Technology Canada Ltd., Wright Medical Technology, Inc., Wright Medical Group, Inc., MicroPort Medical B.V., and MicroPort Scientific Corporation [“Chamberlain Action”]. The action has not yet been certified. A copy of the Fresh as Amended Statement of Claim in the Chamberlain Action can be found here.
The Court’s reasons for approving the discontinuance of the Rowland Action in favor of advancement of Conserve Hip System claims through the Chamberlain Action can be found here.
ROCHON | GENOVA is pursuing a national class action against the Wright Medical Technology group of companies regarding the Conserve Plus Total Resurfacing Hip System, which has caused a number of medical complications in implant recipients.
The Conserve Plus Total Resurfacing Hip System is a “metal on metal” prosthesis system used in hip resurfacing surgery. In this surgery, the damaged head of the patient’s femur is reshaped and “capped” or replaced with a metal prosthesis, and a corresponding prosthesis cup is fitted into the damaged hip acetabulum. These metal on metal hip prosthesis systems were widely marketed to physicians and patients as providing greater range of motion and greater durability than traditional hip prosthesis components, and were promoted by the Defendants as preferable for use in young, active individuals. However, studies have demonstrated that the Conserve Plus Total Resurfacing Hip System have experienced an unacceptably high failure rate when compared to other hip resurfacing and replacement systems, even when compared to those which also employ a metal on metal design.
The class action is being pursued on behalf of all persons in Canada who have been implanted with the Conserve Plus Total Resurfacing Hip System. The claim alleges that the Conserve Plus Total Resurfacing Hip System sheds metal particles into surrounding tissues and the blood, potentially leading to metallosis, tissue necrosis, loosening of the device, and other serious problems that can lead to pain, early device failure, and the need for surgical revision.
If you have been implanted with the Conserve Plus Total Resurfacing Hip System and would like more information regarding the class action, please contact us for a free consultation.
ROCHON | GENOVA
121 Richmond St. W, Suite 900
Toronto, Ontario M5H 2K1
Telephone: 416-548-9874
Toll Free: 1-866-881-2292
Website: www.rochongenova.com
Email: jsloan@rochongenova.com