In August 2010, Johnson & Johnson issued a DePuy ASR hip replacement recall after it was discovered that the implants had an increased risk of failing within a few years of surgery, often resulting in extreme pain and the need for additional hip revisions. Nearly two years later, many individuals who received one of the recalled hip replacements still have not hired a lawyer, and the DePuy ASR lawsuit statute of limitations may be rapidly approaching in many cases.
More than 93,000 DePuy ASR hip implants were sold worldwide before the system was removed from the market, including an estimated 35,000 in the United States.
The metal-on-metal hip replacements featured a defective design, which may allow excessive metal particles to be shed into the body as the metal parts rub against each other. This may result in metal hip poisoning, causing the implant to loosen or fail within the years following surgery.
Statute of Limitations or Deadline for Your DePuy ASR Lawsuit May Be Expiring Soon
Immediately following the recall, Johnson & Johnson and their DePuy Orthopedics subsidiary took various steps in an attempt to convince individuals who received one of the recalled ASR implants that they do not need to hire a lawyer. However, important deadlines may be approaching in these cases and any one who received a DePuy ASR hip should immediately contact our law firm to make sure their rights are adequately protected, as time may be running out on your ability to pursue financial compensation.
Even individuals who have not yet experienced complications with their DePuy ASR hip replacement may be entitled to pursue a lawsuit, and the deadline for filing their claim could potentially pass before they experience severe problems, depending on the applicable statute of limitations and circumstances surrounding their case.
Every legal claim is governed by a statute of limitations, or deadline, which sets the maximum amount of time that can pass before a formal complaint is filed in court. The amount of time that is allowed varies from state-to-state, and different rules may apply for calculating when the DePuy ASR statute of limitations expires for each lawsuit.
In many states, there is a two year statute of limitations, requiring individuals to file their claim within two years of the date their cause of action arose or when the injury was or reasonably should have been discovered. Therefore, it is likely that Johnson & Johnson will argue that the statute of limitations for DePuy ASR hip replacement lawsuits began running at the time of the recall, at the latest.
Even if an individual has not experienced problems or had their DePuy ASR hip fail, Johnson & Johnson may argue that they suffered an injury at the time the defective artificial hip was implanted, and that they knew or should have known about that injury when the recall was announced, if not before that date. Therefore, any individuals who have not yet hired an attorney should take immediate steps to make sure their rights are protected.
DEPUY ASR HIP REPLACEMENT LAWYERS
The lawyers at Saiontz & Kirk, P.A. are continuing to review new claims for individuals throughout the United States. Free consultations and claim evaluations are provided for individuals who have not yet retained an lawyer to help determine what deadlines may be applicable in their case.
In addition to lawsuits for DePuy ASR implants, our product liability lawyers are also reviewing potential claims for problems with other metal-on-metal hip replacements, which have been linked to similar design defects that may increase the risk of early failure.
With the statute of limitations potentially expiring in thousands of DePuy ASR hip replacement lawsuits in the coming months, it is important that you contact a lawyer as early as possible if you believe that you or a loved one received a metal-on-metal implant or recalled hip system