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Brett Emison
Brett Emison
Attorney • (800) 397-4910

Ramifications of Statutes of Limitation on DePuy Artificial Hips

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I have blogged extensively about DePuy prosthetic hip implants, specifically the DePuy ASR Hip, and the potentially life-changing side-effects that many patients have suffered. My previous blog post, What You Need to Know About Johnson & Johnson’s DePuy Artificial Hip Recall, gives background information on the problems with the DePuy ASR artificial hip and answers many questions.

One important thing that needs to be considered if you have a DePuy artificial hip is the statute of limitations in your state that limits the amount of time you have to file a lawsuit for a personal injury claim. The original DePuy ASR artificial hip recall took place in August 2010 and the attorneys in my firm believe that this date will likely be the starting point for the statute of limitations.

It is important to note that this date is not “set in stone”, but is currently being argued by attorneys in Federal and State Courts. Even though the exact start date is not yet known, we do know that individual states set the statute of limitations and in some states the time period for filing a suit is as little as one-year (other states have two, three or five year statutes of limitation).

That means that if the August, 2010 recall date is in fact the starting point, clients in some states only have approximately 2 months to file suit. It is critically important that if you suspect you are a victim of a defective DePuy ASR artificial hip, you contact an attorney right now to determine your options and how long your state gives you to file suit.