Thursday, March 29, 2012

DePuy Litigation: Statute of Limitations Depuy Lawsuits

In August of 2010 DePuy Orthopedics, Inc. recalled two of its most popular hip replacement systems—the ASR XL Acetabular and the ASR Hip Resurfacing System. The recall came on the heels of a study which indicated the five-year failure rate of these products was as high as one in every eight patients. Severe pain and metal toxicity in the blood have required many of those who received a DePuy hip replacement to have revision surgery to replace the defective implant. Although the DePuy Pinnacle system has not yet been recalled it utilizes the same metal-on-metal design as the ASR, and many of those who received the Pinnacle implant have experienced the same symptoms including loosening of the hip implant, unsafe chromium and cobalt levels in the blood and extreme pain.

What is a Statute of Limitations?

All lawsuits filed in the United States have an expiration period known as the Statute of Limitations. After this time period has passed an injured party is prohibited from filing a recovery case. These statutes are meant to guard companies from being exposed to lawsuits for long periods of time as well as to ensure the suits are filed while evidence is preserved and memories are clear. Depending on the state you reside in the statute of limitations for product liability can range from one to six years.

DePuy’s “Offer”

Following DePuy’s recall of their hip implants the company stated that patients who met specific criteria might be able to have some of their medical costs covered. Before any type of reimbursement is issued, however, DePuy will review patient’s medical records to determine whether the patient is eligible for reimbursement. The problem with this is that DePuy states the patient’s medical records must confirm a revision surgery is definitively related to the ASR recall rather than another cause such as a “traumatic fall.” In other words, the company is likely to attempt to blame the failure of the hip implant on a pre-existing condition, an underlying disease, physician error or misuse, therefore providing DePuy with sensitive medical records could well mean you would receive no money at all for the defective product implanted in your body.

Overview of the Statute of Limitations for Recalled DePuy Implants

If you received a DePuy hip implant and have suffered medical issues as a result, you must be aware of how the legal statute of limitations may affect your right to pursue legal action for the harm done to you. It is urged that potential claimants exercise a measure of urgency in obtaining legal representation for a potential recovery suit. The DePuy hip implant recall occurred in August of 2010, and it is estimated it affected more than 90,000 devices worldwide. In most states—including Texas—personal injury and product liability statute of limitations are only two years, therefore those who reside in a state where a two-year product liability statute exists may only have until August of 2012 to file a DePuy hip implant suit. In order to ensure you preserve your rights, it is a good idea for any hip implant recipient who has experienced painful side effects to seek prompt legal action in the event revision surgery becomes necessary.

Has the Statute of Limitations Been Extended for DePuy Lawsuits?

The date the injury occurred often governs when the statutes begin, which could be construed, in the case of the DePuy hip implant, to mean the exact time the DePuy implant was received. This would mean victims had a narrow window of time to seek recovery against the company and could be stuck with DePuy’s vague compensation offer. The potentially advantageous news for victims of the defective hip implant is that the damage caused by hip implant could be considered a continuing tort for the amount of time the implant remains in the body of the recipient. The theory is that the defective device is continuously harming the person it was implanted into. If this theory is deemed applicable in this particular case, then the statute of limitations would begin from the date of hip revision surgery. Any person who has had a hip revision surgery and was implanted with a DePuy device should not leave the statute of limitations to chance, rather should seek the immediate advice of a qualified personal injury attorney in your area.

Author: Sullo & Sullo Attorneys

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