Wright Conserve Hip Class Action

The Claims

Two national class actions (the Chamberlain Action and the Marchand Action), arising from Wright Medical Technology Canada Ltd., Wright Medical Technology, Inc., Wright Medical Group, Inc., MicroPort Medical B.V., MicroPort Scientific Corporation, and MicroPort Orthopedics Inc.’s (collectively the “Defendants”) negligent design, development, manufacture, marketing, distribution, and sale of the Conserve Plus and the Conserve Total A-Class (collectively, “Conserve Hip System”).

The Conserve Hip System is designed, manufactured, and distributed by the Defendants for use in patients requiring replacement of the hip joint with a prosthetic implant, and is still sold throughout Canada. The Conserve Plus and the Conserve Total A-Class are both “ball-and-socket” prosthetic hip implants designed to be surgically implanted to treat end stage arthritis of the hip, using the same acetabular component, which has a metal-on-metal bearing surface between the ball and the socket. The Conserve Plus hip implant was designed for hip resurfacing procedures, while the Conserve Total A-Class was designed for total hip replacement.

The Conserve Hip System is defective and inherently dangerous as it 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.

The Plaintiffs allege that the Defendants (1) knew about the unreasonable and higher than average implant failure rates but failed to warn Class Members; (2) negligently designed, developed and tested Conserve Hips System; and (3) failed to ensure that the Conserve was manufactured safely and effectively before marketing it.

The Class

The Chamberlain Action

The proposed Class is defined as: All persons resident in Canada who were implanted with a Conserve Plus Total Resurfacing Hip System (the “Class” and/or “Class Members”).

The Family Class is defined as: All persons who on account of a personal relationship to a Class Member are entitled to assert a derivative claim for damages pursuant to section 61(1) of the Family Law Act, R.S.O. 1990, c. F.3, as amended, and comparable provincial and territorial legislation.

The Marchand Action

The proposed Class is defined as: All persons resident in Canada who were implanted with a Conserve Hip System (the “Class” and/or “Class Members”).

Updates

The Statement of Claim in the Chamberlain Action (formerly the Martin Action) was filed in 2014 and in the Marchand Action in 2024.
The certification motions in both actions will be heard together from September 23-25, 2026.