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hip implants Archives - Carey Danis & Lowe

DePuy ASR Lawsuit Settlement News: Defendants’ Master Answer Filed

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

The latest news to come out of the DePuy ASR hip multidistrict litigation (MDL) in Ohio is a new case management order filed in early December confirming that the Defendants’ Master Answer has been filed with the court. According to the case management order, now that it has officially been filed, the Defendants’ Master Answer will act as a response to all of the DePuy ASR hip lawsuits currently pending in the MDL.

The DePuy ASR hip MDL is being heard in the U.S. District Court for the Northern District of Ohio. The case is In re: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation MDL no. 2197. U.S. District Judge David Katz is overseeing DePuy ASR MDL proceedings.

National Law Firm Represents Victims

Plaintiffs have filed lawsuits targeting DePuy and Johnson & Johnson after experiencing hip implant failure, inflammation and pain in the implant region, metal poisoning, and undergoing numerous revision surgeries to repair damage from the defective medical device.

The national law firm of Carey Danis & Lowe represents victims of defective hip implants, such as the DePuy ASR that was voluntarily recalled in 2010 due to abnormally high rates of failure. Our defective medical device attorneys are currently investigating DePuy ASR cases.

If you believe that your injuries are the result of the DePuy ASR hip implant, explore your legal options in a gratis initial evaluation with Carey Danis & Lowe. We also have a team of highly experienced on-staff nurses and medical experts available to closely listen to your concerns and answer your questions about how metal-on-metal hip implants impact patient health and safety.

Share your DePuy ASR implant story with Carey Danis & Lowe today. Call 800.721.2519, or complete a confidential personal injury claim.

UK Prohibits Metal-on-Metal Hip Implants

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

depuy_hip_replacement_asr_kransky_settlement_verdict_lawsuitFollowing a study whose data revealed an unusually high failure rate of 43 percent for certain types of metal-on-metal hip implants, the UK has prohibited the use of these types of hip implants in National Health Service (NHS) hospitals. Involving 17,000 participants, the study recorded a significant number of instances wherein metal-on-metal hip implants showed signs of serious erosion.

The Telegraph found that many metal-on-metal hip implants do not meet failure rate standards, especially the DePuy ASR Hip Replacement system. This hip implant has a documented failure rate of 13 percent over a five year period. That failure rate increases with time, as some estimates show a 43 percent rate of failure nine years after initial implantation.

Due to its defective natu, the DePuy ASR hip implant has since been removed from the market.

According to a former president of the British Orthopaedic Association, who was interviewed for the Telegraph report, if left in the body, a defective metal-on-metal hip replacement can damage surrounding tissue.

The U.S. Food and Drug Administration (FDA) has also warned about the harm metal-on-metal hip implants can cause. The FDA has noted that metal-on-metal hip implants have been known to release metal particles into the body, and as such, destroy surrounding tissue and bone. Metal particles can also enter the bloodstream, and cause neurological problems.

How can Carey Danis & Lowe Help You?

If you received an implant of the DePuy ASR Hip Replacement system, and have experienced health complications that you believe are the result of device failure and defective design, you have a case that may make you eligible to receive compensation. The defective medical device attorneys at Carey Danis & Lowe are currently investigating cases involving the DePuy ASR Hip Replacement. We invite you to contact our St. Louis based law firm for a free case evaluation, and for assistance with filing a DePuy ASR Hip lawsuit.

If you have concerns about how metal-on-metal hip implants can impact health, speak with one of our on-staff medical experts.

Share your DePuy ASR Hip story with Carey Danis & Lowe today. Call us at 800.721.2519, or complete a confidential personal injury claim.

FDA Sends Stryker Warning Letter about Negligent Business Practices

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

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FDA Sends Stryker Warning Letter about Negligent Business PracticesAccording to a Reuters report published on March 12, the U.S. Food and Drug Administration (FDA) has sent Stryker a warning letter about its business practices and its marketing strategy. The letter follows a visit by the FDA to a Styrker plant in November 2012.

The FDA visited a Stryker plant in Portage, Michigan to conduct an inspection, and discovered that Stryker, the manufacturer of orthopedic implants, had been marketing implants without FDA approval. Furthermore, Stryker had also recalled one of their products without communicating this action to the FDA.

It appears that Stryker had been marketing the Neptune Waste Management System without having received approval from the FDA.

In June 2012, Stryker issued a voluntary recall of two of their hip implant devices. The recall included the Stryker Rejuvenate and the Stryker ABG II modular-neck hip stems. According to the Stryker website, the medical device manufacturer recalled the hip stems due to reports of corrosion.

The Stryker Rejuvenate and the Stryker ABG II modular-neck hip stems are metal-on-metal hip implants, which have recently come under heightened investigation by the FDA due to an increasing number of adverse event reports.

Patients who have received implants of the Stryker hip stems have experienced adverse local tissue reactions (ALTR) that can result in tissue inflammation and pain in the hip implant area. Caused by the release of metal ions from a metal-on-metal hip implant, ALTR has also been linked to metallosis, bone deterioration, and tissue and muscle death.

To lawyers at Carey Danis & Lowe, the FDA’s inspection of the Stryker Michigan plant is a significant piece of upholding consumer safety. Defective medical device lawyers at Carey Danis & Lowe strongly believe in holding medical device manufactuers accountable for their negligent business practices, especially in cases where they market products that have not been FDA approved.

For more information about recalled Stryker products, contact Carey Danis & Lowe. If you have received a defective and recalled Stryker hip implant, contact a lawyer at Carey Danis & Lowe to discuss your case. Call Carey Danis & Lowe at 800.721.2519 or submit a legal claim form.

DePuy ASR Hip Trial Update: DePuy Marketing Director Voiced Concerns about DePuy ASR Hip Implant and Advised Recall

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

DePuy ASR Hip Trial Update: DePuy Marketing Director Voiced Concerns about DePuy ASR Hip Implant and Advised RecallThe first of 10,000 DePuy ASR Hip lawsuits is on trial in a California Superior Court in Los Angeles County. The trial, Kransky v. DePuy, continues to move forward with testimony, most recently from a DePuy marketing executive.

he testimony delivered late last week concerned a Johnson & Johnson director of hip marketing, Paul Berman, who wrote an email voicing concerns about the safety of the DePuy ASR Hip Replacement system, and advised a recall. Berman’s email was sent out on March 14, 2010.

According to a Bloomberg News report on the most recent DePuy ASR Hip trial proceedings, a total of four emails were sent out to other Johnson & Johnson and DePuy executives addressing Berman’s misgivings about the DePuy ASR Hip implant. Furthermore, Randall Kilburn, a DePuy marketing executive, testified that he showed Berman’s email to the then DePuy president, David Floyd.

Clearly, then, DePuy executives at all levels were made aware of at least one employee’s concerns regarding the safety of the DePuy ASR Hip implant. However, the DePuy ASR Hip recall took place several months after Berman’s email was sent out in March 2010. It appears that these early warning signs and concerns were ignored for far too long, allowing time for more patients to receive defective hip implants.

The DePuy ASR Hip Replacement system has become synonymous with an abnormally high failure rate. According to information supplied to the jury in Kransky v. DePuy, evidence revealed the failure rate for the DePuy ASR Hip implant to be “35.8 percent within 4.57 years”.

This failure rate calculation comes from an internal DePuy study conducted to determine the efficacy of the DePuy ASR Hip Replacement system.

In a recent New York Times article, it appears that Johnson & Johnson also received a letter from a doctor and consultant addressing the defective design of the DePuy ASR Hip implant that, according to his observations, was causing harm to patients. The letter was sent in 2008, and advised that Johnson & Johnson “slow its marketing” in order to conduct an in-depth study of the DePuy ASR Hip Replacement system.

Evidently, Johnson & Johnson chose to ignore the warning signs and letters coming internally and from outside of the company about the defective nature of the DePuy ASR Hip Replacement system.

If you or someone you love has received a DePuy ASR Hip implant, and has experienced any health complications related to the implant, such as metal poisoning, neurological damage, numerous revision surgeries, and local tissue, muscle, and bone damage, you may be eligible to receive compensation for such undue suffering and loss.

For a free legal consultation and to file a DePuy ASR Hip lawsuit, contact an experienced trial lawyer at Carey Danis & Lowe by calling 800.721.2519 or by submitting a claim using our legal claims form.

DePuy ASR Hip Trial Update: DePuy Engineer & DePuy President Provide Testimony in Kransky v. DePuy

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

DePuy ASR Hip Trial Update: DePuy Engineer & DePuy President Provide Testimony in Kransky v. DePuyThe first DePuy ASR Hip Replacement trial continues to move forward in a California Superior Court in Los Angeles County. The trial known at Kransky v. DePuy involves the plaintiff Loren Kransky, a 65 year old North Dakota resident who received a DePuy ASR Hip Replacement, and after experiencing health complications with his hip implant, he filed a lawsuit against DePuy.

In testimony delivered before the Los Angeles court on January 31, Graham Isaac, a DePuy engineer, spoke about the laboratory testing of the DePuy ASR Hip Replacement. According to Isaac, DePuy researchers only tested the DePuy ASR Hip at one angle because implanting the hip implant components at a variety of angles resulted in the metal components knocking against one another which caused the release of metal debris. Clearly, the inability to implant the DePuy ASR Hip at any angle but one illustrates its inherent design flaw.

According to a New York Times article about the Los Angeles DePuy ASR Hip trial, the DePuy ASR Hip Replacement system has an estimated failure rate of five years in 40 percent of patients. When compared to other hip implants, this failure rate estimation is abnormally high.

Along with the DePuy engineer, Andrew Ekdahl, the president of DePuy which is a unit of Johnson & Johnson, provided testimony in the Los Angeles trial in late January.

The New York Times describes Ekdahl being shown a warning email that details defects and problems associated with the DePuy ASR Hip Replacement. This email was sent to Ekdahl three years before the DePuy ASR Hip recall in mid-2010. In response to being shown the warning email, Ekdahl stated that he along with others at DePuy responded appropriately to issues with the DePuy ASR Hip Replacement.

Patients who have received an implant of the DePuy ASR Hip Replacement system have claimed that the device causes severe pain, metallosis, and other health complications. During walking or running, the DePuy ASR Hip’s metal components slide against one another causing metal ions to be release into the bloodstream and surrounding muscle and tissues. A build-up of metal ions in the body catalyzes local bone, tissue, and muscle degradation.

Furthermore, the U.S. Food and Drug Administration (FDA) has also cited cases of neurological damage  associated with metal ions entering the bloodstream and ultimately a patient’s brain.

Lawyers at Carey Danis & Lowe are paying close attention to the Kransky v. DePuy trial in Los Angeles. Also, Carey Danis & Lowe is currently offering free legal evaluations of DePuy ASR Hip Replacement cases.

If you or someone you love has received a DePuy ASR Hip implant, and as a result, have experienced serious health complications, you may be entitled to receive compensation for your pain, medical expenses, and lost wages. To file a DePuy ASR Hip Replacement lawsuit, contact Carey Danis & Lowe at 800.721.2519.

British Parliament Members Decry DePuy ASR Hip and Call for Johnson & Johnson DePuy Criminal Inquiry

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

depuy_asr_hip_replacement_recall_lawsuit_johnson_johnson_criminal_trial_british_parliament_dercyAccording to a Telegraph article published in early February, members of the British Parliament are shocked by the data collected, and until recently withheld, in internal studies of a hip implant developed by DePuy, Inc.

DePuy, a unit of Johnson & Johnson, continued to pursue a market presence with its DePuy ASR Hip Replacement system despite the fact that they were well aware that the DePuy ASR Hip, when compared to other hip implants, had a significantly higher failure rate. In fact, internal documents dating from June 2007 reveal that the DePuy ASR Hip failed 10 percent of the time in only 2 years.

The Telegraph report cites that DePuy engineers were warned of hip implant complications by British health officials, more specifically a prominent a British surgeon, Dr. David Beverland. Apparently, Dr. Beverland wrote numerous emails to a DePuy engineer whenever he observed health complications in his hip implant patients.

After hearing about DePuy’s handling of its defective hip implant, Andrew Miller, a Labour Member of Parliament and the Science and Technology Committee chair, exhibited shock and dismay at the efforts taken by a medical device manufacturer to market a defective and harmful product. In light of this, Miller brought up the need for a “criminal inquiry”. Another Member of Parliament mentioned that he would broach the topic before Parliament’s Health Committee.

The Telegraph also mentioned the trial being held in a California Superior Court in Los Angeles County, the trial Kransky v. DePuy, Inc. The plaintiff, Loren Kransky, received a DePuy ASR Hip Replacement, and after experiencing severe pain and contracting metallosis, filed a lawsuit against DePuy.

Lawyers at Carey Danis & Lowe continue to closely follow the Kransky v. DePuy trial in Los Angeles. In addition, following this Telegraph article, we plan to monitor any investigations into the DePuy ASR Hip Replacement system in Britain.

Carey Danis & Lowe is offering free legal evaluations regarding DePuy ASR Hip Replacement cases. To discuss filing a DePuy ASR Hip Replacement lawsuit, contact a lawyer at Carey Danis & Lowe at 800.721.2519.

First DePuy ASR Hip Replacement Lawsuit Goes to Trial in Los Angeles Superior Court

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

First DePuy ASR Hip Replacement Lawsuit Goes to Trial in Los Angeles Superior CourtThe first in 10,000 DePuy ASR Hip Replacement lawsuits went to trial in a California Superior Court in Los Angeles County on January 25. The case is Kransky v. DePuy. The plaintiff, Loren Kransky, is a North Dakota resident who received a DePuy ASR Hip Replacement, and filed the lawsuit claiming a defective design and manufacturer negligence.

According to an article recently published by the New York Times, Johnson & Johnson was aware of a serious design flaw in the DePuy ASR Hip Replacement. However, internal Johnson & Johnson documents, which were unsealed during trial proceedings on January 25, reveal that company executives intentionally withheld information about the DePuy ASR Hip Replacement design flaw from healthcare providers and the public.

In a Bloomberg News report of the Los Angeles Superior Court DePuy ASR trial, testimony given by a biomedical engineer and consultant, George Samaras, indicated that DePuy researchers recorded extremely high levels of chromium and cobalt metal ions in the body, in fact a concentration 16 times higher in comparison to another of DePuy’s medical devices.

DePuy is a unit of Johnson & Johnson that developed and manufactured the ASR, or Articular Surface Replacement, hip implant. In addition, Samaras shared with the jury that DePuy and Johnson & Johnson claimed that the ASR Hip Replacement passed internal medical device standards, when in fact, it had failed them.

Johnson & Johnson recalled the DePuy ASR Hip implant in 2010. The reason given for recalling the hip implant had nothing to do with defective design, but rather, long-term market viability.

In these same internal document unsealed during the Los Angeles DePuy ASR trial, researchers at DePuy noted an abnormally high failure rate for the ASR Hip Replacement, that of 40 percent within only five years after receiving the DePuy hip implant. With this information, Johnson & Johnson still marketed the defective and flawed medical device to healthcare providers and the public.

Furthermore, DePuy and Johnson & Johnson were not only receiving warning signs from internal reports. According to the New York Times report, doctors were reporting complications and device failures regarding the DePuy ASR Hip Replacement to Johnson & Johnson just as the medical device manufacturer was beginning to market the device in the U.S. In 2005.

Thus, with information coming from within and from healthcare professionals, Johnson & Johnson proceeded with their efforts to sell the defective DePuy ASR Hip Replacement.

Patients who have received an implant of the DePuy ASR Hip Replacement note high levels of metal ions in the blood, resulting in metallosis, or metal poisoning. The U.S. Food and Drug Administration (FDA) has released safety communications about tissue and bone damage as well as neurological impairment resulting from metal debris created by metal-on-metal hip implants, such as the DePuy ASR Hip Replacement.

Lawyers at Carey Danis & Lowe are closely examining DePuy ASR Hip Replacement lawsuits across the country. If you or someone you love has received an implant of the DePuy ASR Hip Replacement, contact a lawyer at Carey Danis & Lowe for a free legal evaluation about your case.

You may be eligible to receive compensation for your medical expenses, lost wages, and pain and suffering. Learn more about filing a DePuy ASR Hip Replacement lawsuit by calling a lawyer at Carey Danis & Lowe at 800.721.2519.

FDA Releases Safety Communication about Metal-On-Metal Hip Implants: New Safety Communication Warns About High Failure Rates and Metal Ion Reactions

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

FDA Releases Safety Communication about Metal-On-Metal Hip Implants: New Safety Communication Warns About High Failure Rates and Metal Ion ReactionsThe U.S. Food & Drug Administration (FDA) issued an updated safety communication regarding metal-on-metal hip implants on January 17, 2013. The safety communication reports how metal-on-metal hip replacement systems by design have early and high failure rates.

Furthermore, as a result of the hip replacement components making contact with one another during movement like walking or running, metal particles are released into the patient’s body and bloodstream, which may result in what the FDA calls adverse local tissue reactions (ALTR).

As detailed in the FDA’s safety alert, some patients are more likely than others to experience an accelerated degree of hip implant degradation and adverse local tissue reactions. High failure rates in metal-on-metal hip implants and adverse reactions could be the result of an active lifestyle, patients with kidney problems, poor immune system, and a number of other factors.

Though the FDA is not clear on the exact level of metal ions in the bloodstream that cause health complications, they have established frequent adverse reactions to metal ions of cobalt, chromium, and molybdenum. These reactions include:

  • skin rashes
  • cardiomyopathy
  • problems seeing and/or hearing
  • depression
  • kidney malfunction
  • thyroid complications

It is important to meet with an orthopedic surgeon immediately if you begin to experience any of these adverse reactions after receiving a metal-on-metal hip implant. In addition to the health complications outlined above, further adverse reactions include:

  • pain
  • inflammation
  • numbness
  • noise emanating from the hip implant
  • difficulty moving and walking

The FDA released this new safety communication after analyzing information gathered at the Orthopaedic and Rehabilitation Devices Panel of the Medical Devices Advisory Committee, which was held in June 2012. This Advisory Committee was assembled by the FDA in order to draw information from experts on metal-on-metal hip replacement systems.

With the new safety announcement, the FDA has since brought forth a new measure that orders manufacturers of metal-on-metal hip replacements, such as Johnson & Johnson’s DePuy, to turn in premarket approval (PMA) applications to the FDA.

Lawyers at Carey Danis & Lowe are currently evaluating DePuy ASR Hip Replacement lawsuits and other metal-on-metal hip replacement claims. If you or someone you love has experienced health complications arising from a defective hip implant, you and your love one may be entitled to receive compensation for your medical expenses, lost wages, and pain and suffering.

For a free legal consultation regarding your DePuy ASR Hip Replacement lawsuit or defective hip replacement lawsuit, contact an experienced trial lawyer at Carey Danis & Lowe by calling 800.721.2519.

DePuy Hip Replacements Require Revision Surgery

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

DePuy Hip Replacements Require Revision SurgeryIn 2010, DePuy recalled two types of hip replacements, the ASR XL Acetabular System and the ASR Hip Resurfacing System. DePuy Orthopaedics is a subsidiary of Johnson & Johnson.

DePuy decided to recall two types of hip replacements due to patients needing a second hip replacement after an unsuccessful first implant.

According to complaints filed with the U.S. Food and Drug Administration (FDA), these two kinds of DePuy hip replacements have been known to fail soon after surgery, and quite often, have caused excruciating pain requiring another hip replacement surgery to remove and replace the defective DePuy hip replacement.

In a statement released by DePuy about the recall of two models of their hip replacement systems, the manufacturer understood there to be a high rate of failure for their ASR hip replacements, with approximately 13% of patients requiring a revision surgery to remove and replace the failed DePuy hip replacement. Revision surgery in many of these patients was a result of the build-up of metal detritus created by the DePuy hip implant.

In March 2010, the Medicines and Healthcare Products Regulatory Agency in Britain released a warning about complications arising from the metal particles created by some types of hip replacements.

The DePuy ASR XL Acetabular System hip replacement is a metal-on-metal hip implant. The high failure rate of the ASR hip replacements is tied to an injurious accumulation of metal shavings, which are created by the metal femoral head, a ball-shaped component, rubbing against the inside of the acetabular component, a metal or ceramic cup. Normally, hip implants should not wear so quickly, nor should they cause such an enormous build-up of harmful metal detritus in the body, damaging to muscles and tissues.

However, the DePuy ASR hip implant has been known to wear at alarmingly fast rates. The poor quality of the DePuy ASR hip implants is the reason for an increased need in revision surgery among patients who received this specific type of implant.

The DePuy ASR XL Acetabular System hip replacement was approved for use in the U.S. by the FDA in 2005. If you or someone you love has received a hip implant of either of the two recalled DePuy hip replacements, you and your loved one may be eligible to receive recompense for your financial losses and emotional and physical suffering.

Know that many other patients are stepping forward and filing complaints with the FDA regarding their defective DePuy hip implants

For a free legal consultation regarding your DePuy hip replacement case, contact an experienced defective hip implant lawyer at Carey Danis & Lowe at 800.721.2519.

Most DePuy ASR Lawsuits Must Be Filed Before August 2012

By | Defective Medical Device litigation, Hip/Knee Replacement, Uncategorized

Published May 18, 2012 on InjuryBoard

DePuy ASR hip implant patients in most states who do not file lawsuits before August 23, 2012 may lose their rights to compensation or to file a lawsuit. Every state has a law called the statute of limitations that sets a limited time period in which a lawsuit for compensation can be filed.

If a person with a legal claim or legal case fails to have a lawsuit filed on their behalf within this time period their claim can be forever barred. In summary, people who do not assert their rights in court within a limited time lose those rights and can never thereafter bring that claim.

Why is the Statute of Limitations for Most ASR Hip Implant Patients This August?

Every state has its own time limit for filing lawsuits called the Statute of Limitations. DePuy and Johnson and Johnson, the manufacturers of the ASR Hip Implant, have a right to have lawsuits dismissed or decided in their favor regardless of the injuries if the lawsuit is not filed in time to comply with the statute of limitations.

Most states in the United States use a two year time period for the statute of limitations. Other states may have a 1 year up to a six year time period for the statute of limitations. Different states use different rules to calculate when these time periods start running and when it is too late to bring a lawsuit. These calculations can be difficult to make and there have been many lawsuits over the running of the statutes of limitations in different types of cases.

Each person’s case should be carefully evaluated individually by an experienced lawyer because individual circumstances can affect calculating this time period. This blog is for general information and awareness and you should not use this information to make your own calculation to rely on for your case for the statutes of limitations.

This two year statute of limitations will run for many DePuy ASR hip implant cases because the official DePuy Recall Notice that received widespread publicity was issued on August 24, 2010. The two year period from that Recall Notice will expire on August 23, 2012. Thus, lawsuits for injured ASR patients must be filed in those states with a two year statute of limitations or it may be too late for those patients to make a claim.

Which States Have a Two Year Statute of Limitations

Arizona, Alabama, Alaska, California, Colorado, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, North Dakota, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Utah, Virginia, and West Virginia are the states with a two year statute of limitations for injury cases.

However, the calculations used to measure the two year time periods are different in different states and it is important to have each case calculated by an experience attorney to be sure that the time period does not run out before the lawsuit is filed.

For example, the two year statute of limitations in Virginia is unusual in that the two year time period in that state runs from when the person first has pain or is aware of an injury even if that was before the recall of before they had any idea that DePuy might be responsible. So in Virginia it is likely that the statute of limitations may have already run on some cases where the person had pain from their hip implant before the recall date. It is possible that someone reading this blog could have a statute of limitations that will run tomorrow or next week!

Immediate individual legal advice is critical to making sure that the Statute of Limitation is not missed.

There are many states other than those listed above that have a statute of limitations of two years from the date of death if the implant caused a death. Some states have longer statutes of limitations for injury cases than for death cases.

Are There Exceptions to the Statute of Limitations?

There are few exceptions to the Statute of Limitations. One of the clearest is the Sailors and Soldiers Relief Act which can toll the statute of limitations for some active members of the military while they are in the service of our country. Tolling of the Statute of Limitations means that the time period is stopped from running. That means that some active military people could wait many years before having to file their cases. Our firm has had other types of cases where the statute of limitations has been tolled for decades while a military person is in active service.

Many states have what is called a “Discovery Rule” which means that the Statute of Limitations does not start until a person would reasonably know that they might have a liability claim. I believe many judges would rule that the widespread public dissemination of the DePuy Recall Notice of August 24, 2010 would start the clock running on the statute of limitations even if an individual person did not hear about it or know about it because the test is usually an objective test about what a reasonably informed person would know.

There is another highly complex legal rule called the “American Pipe Rule” that may be applied in some states if a class action is pending to toll the time period for an individual lawsuit for a person who would be a member of that class action. This theory should not be relied on for DePuy ASR cases because there is no viable class action that I know of. The ASR cases are coordinated for pretrial purposes in a federal multidistrict proceeding called an MDL but this is not a class action and will not toll or stop the statute of limitations from running in an individual case unless an individual case is filed for that person.

Mental incompetence can be an exception in some states that could extend the statute of limitations. For example, someone with severe Alzheimers disease might qualify in some states for an extension to the statute of limitations.

Final Advice on the Statute of Limitations for ASR Lawsuits

Every person with a DePuy ASR Hip Implant should have a detailed review of the statute of limitations done by an attorney experienced in medical product liability cases. This review should be done immediately because once the statute of limitations has run there is no way to reopen or restart it. Once the statute of limitations has run it is too late to ever bring a lawsuit for harms and injuries from the defective ASR metal on metal hip implants.

Do Not Rely on this blog as a substitute for an individual legal review of your individual case facts. This blog is to increase general knowledge and awareness of these issues and not to give any legal opinion on any individual case.

I am happy to give individual case opinions at no charge if I can review the specific facts of your case and compare them to the laws of the statute of limitations applicable to your specific case. If you have retained a lawyer to represent you then you should contact that lawyer for an opinion on the statute of limitations.

Every person who has not already filed a lawsuit should obtain a legal opinion on the statute of limitations from me or any other experienced medical device product liability attorney as soon as possible to protect their legal rights .