Although lawsuits against DePuy Orthopaedics and its parent, Johnson & Johnson, have not even gone to trial yet, many people who received either an ASR XL Acetabular System or an ASR Hip Resurfacing System might not be able to sue DePuy if they wait too long. It’s possible that the hip replacement lawsuit statute of limitations will run out. The consequences of waiting too long to sue DePuy cannot be understated.
Rule is Two Years in Most States
Statutes of limitations are designed to ensure that claims are filed promptly and that parties do not have to litigate issues based on old documents and potentially faulty memories. Because personal injury cases proceed in state courts and are governed by state law, statutes of limitations differ by state. In situations like the DePuy ASR recall, states usually give plaintiffs only two years to file their lawsuits before time-barring them.
The date that the statute of limitations begins to run is often either the date of injury or the date when the plaintiff knew or should’ve discovered that the injury occurred. Importantly, DePuy is going to argue that the limitations period began on the date of the recall, August 24, 2010, because that is when most recipients should have realized that they might have been injured. Potential plaintiffs will have until August 23, 2012 to file their hip replacement lawsuits. After that, DePuy will move to dismiss any lawsuits in states that use a two-year limitations rule. Consequently, anyone who has not consulted with a hip replacement lawyer should do so as soon as possible, even if their ASR device has not caused them any problems, for they might in the future.
RLG Represents ASR Recipients
The result of having a hip replacement lawsuit dismissed because the statute of limitations ran out is that the plaintiff will have to accept whatever DePuy offers via its recall reimbursement program operated by Broadspire, Inc. The benefit of consulting with a hip replacement lawyer now is that you will be able to use the threat of a lawsuit as a negotiating chip towards a hip replacement settlement. If you proceed without experienced legal counsel, you risk obtaining less because the amount of compensation from a hip replacement lawsuit might be greater than what Broadspire is willing to offer you, and if Broadspire declines to reimburse your injury, litigation is the only way to gain restitution. For a free, confidential consultation with an ASR lawyer from the Rottenstein Law Group, click on this link or call 1-877-312-3274.
For more information, click here to download this free DePuy ASR brochure.