Casey v DePuy International Ltd (No 2) [2012] FCA 1370

Casey v DePuy International Ltd (No 2) [2012] FCA 1370

The proposed settlement, liability protocol, compensation protocol, and costs contributions strike an appropriate balance between group members’ interests and litigation risks; group members not eligible for compensation retain rights to pursue other claims; evidence and submissions support fairness and reasonableness—settlement approved.

Parties
Applicant: Pamela Joan Casey; First Respondent: DePuy International Ltd; Second Respondent: Johnson & Johnson Medical Pty Limited
Jurisdiction
Australia
Judgment Date
04 December 2012
Procedural Posture
Representative Proceeding / Settlement Approval—interlocutory Application
Outcome
Settlement of representative proceeding approved; orders made as per amended settlement agreement
Legal Topics
Defective Medical Devices, Compensation Protocols, Settlement Approval Under Federal Court of Australia Act, Costs Contribution in Group Proceedings, Opt Out Procedure
Product Liability Class Actions Consumer Protection Negligence Defective Medical Devices Compensation Protocols Settlement Approval Under Federal Court of Australia Act Costs Contribution in Group Proceedings +1 more

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Parties

Pamela Joan Casey

Applicant

DePuy International Ltd

First Respondent

Johnson & Johnson Medical Pty Limited

Second Respondent

Procedural Posture

Representative Proceeding / Settlement Approval—interlocutory Application

Legal Issues

  1. 1 Whether proposed settlement of representative proceeding should be approved under s 33V(1) of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether compensation amounts and protocols adequately balance interests of group members
  3. 3 Whether liability and exclusionary criteria protect rights to pursue claims outside the settlement characteristic

Ratio Decidendi

The proposed settlement, liability protocol, compensation protocol, and costs contributions strike an appropriate balance between group members’ interests and litigation risks; group members not eligible for compensation retain rights to pursue other claims; evidence and submissions support fairness and reasonableness—settlement approved.

Court Disposition

Settlement of representative proceeding approved; orders made as per amended settlement agreement

Orders

  • Settlement of the proceeding approved pursuant to sections 33V(1) and 33ZF of the Federal Court of Australia Act 1976 (Cth) on terms set out in relevant annexures to Gilsenan Affidavit
  • Group members who receive compensation to make costs contributions as specified