Statute Of Limitations for Filing a Product Liability Claim for DePuy Faulty Hip Implants Is Nearing
Bellevue, Washington (PRWEB) July 10, 2013 -- The Farber Law Group recommends that patients implanted with the recalled DePuy ASR XL Acetabular Hip Implant contact our firm as the statute of limitations for filing a claim against Johnson & Johnson may be nearing.
Washington State residents may soon find themselves facing a statute of limitations defense in their claim against the DePuy Corporation, and its parent corporation Johnson and Johnson, for a defective implant they received during hip replacement surgery. DePuy Orthopaedics Inc. announced the recall of the ASR Hip Resurfacing System and the ASR XL Acetabular System on August 26, 2010*. The Washington statute of limitation requirement provides that any lawsuits arising from injuries caused by a defective medical device must be filed within three years of the aggrieved party learning that a lawsuit is possible.
More than 10,000** lawsuits have been filed against the DePuy Corporation over the ASR XL hip implant system it marketed between 2005 and 2010 throughout the United States. Many of the recipients of the implant were Washington residents. Because DePuy formally recalled the hip implant on August 24, 2010, Washington residents with the hip implant, who delay filing a lawsuit after August 23 of this year, may be precluded from recovering damages if they were suffering complications caused by the defect and were aware of it at the time of the recall.
Because both DePuy and Johnson & Johnson admit that approximately 40%*** of all of the ASR XL implants will fail within the first five years of their use, and other medical studies now project an even higher failure rate, it is important for persons who have this implant to take steps now to protect their legal rights by commencing a lawsuit if they are having difficulties with the implant.
Some patients experience severe pain, fractures or dislocation of the implant. But one of the most worrisome problems associated with the device is metallosis, or metal poisoning, caused when the metal parts of the device rub and shed cobalt and chromium debris in the patients tissue and blood stream. Metal in the blood can lead to permanent damages to organs including the heart and kidneys and can cause muscle tissue necrosis and bone loss.
- Seattle Times, August 27, 2010, "J&J recalls 2 hip replacement systems for problem", seattletimes.com/html/businesstechnology/2012743026_apusjohnsonjohnsonrecalls.html
** Johnson & Johnson SEC Form 10-K, Johnson & Johnson SEC Filing cites DePuy cases filed for fiscal year ending December 20, 2012, investor.jnj.com/secfiling.cfm?filingID=200406-13-38
*** New York Times, January 22, 2013, "Maker Aware of 40% Failure in Hip Implant", nytimes.com/2013/01/23/business/jj-study-suggested-hip-device-could-fail-in-thousands-more.html
About The Farber Law Group
The Farber Law Group has been practicing personal injury law in Bellevue since 1983 and was founded by Herbert G. Farber. The law firm represents patients with defective hip implants in Washington state and throughout the Pacific Northwest. Read Mr. Farber's own hip replacement story. Mr. Farber represents hip implant patients on a contingency fee basis.
Herbert Farber, The Farber Law Group, http://hgfarber.com, +1 425-455-9087, [email protected]
Share this article