Possible August 2013 Deadline Ahead for North Carolina DePuy ASR Hip Recall Lawsuits, Product Liability Lawyer Ben Cochran Says

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Attorney from Hardison & Cochran says patients who received the metal-on-metal hip implant in North Carolina could be facing the expiration of a three-year time period, or statute of limitations, in which to file a legal claim.

Raleigh product liability lawyer discusses DePuy hip implant recall

Ben Cochran

For patients who received this recalled hip implant, what is important is that they contact an attorney who can fully evaluate their situation, including calculating the time period in which they can bring a claim.

North Carolina product liability attorney Ben Cochran today warned patients who received the recalled DePuy ASR XL Acetubular Hip System to pay attention to what could be a deadline for taking legal action against the metal-on-metal hip implant’s manufacturer.

According to Cochran, North Carolina law provides a three-year statute of limitations for bringing a personal injury claim based on an alleged product defect. In other words, a party alleging injury and loss due to the product defect must file a lawsuit within three years after the injury occurred or when a person would have reasonably known about the injury.

For those in North Carolina who believe they may have suffered harm from a DePuy ASR all-metal hip implant, according to Cochran, the three-year statute of limitations could possibly be interpreted as ending on August 23, 2013, or three years from August 24, 2010 – the date on which DePuy announced a voluntary recall of the medical device.

“Every situation is different,” Cochran said. “For patients who received this recalled hip implant, what is important is that they contact an attorney who can fully evaluate their situation, including calculating the time period in which they can bring a claim.

“If a person doesn’t act within the time period that applies to their claim, they could lose their right to seek compensation,” he added.

According to information from the U.S. Food and Drug Administration (FDA), last updated in January 2013, the concern about metal-on-metal hip implants such as the DePuy ASR XL Acetubular Hip System is that tiny metal particles can wear off the devices where the metal ball and metal cup slide against each other.

Over time, the metal particles can damage the bone or tissue surrounding the implant and joint, which can lead to pain, loosening of the implant, failure of the device and the need for “revision surgery,” or the replacement of the implant with a new one.

Cochran said his firm currently is working with DePuy metal-on-metal hip implant patients and their families and offering free initial consultations to those who believe they have been impacted by the recalled product.

About Hardison & Cochran, Attorneys at Law

Hardison & Cochran, Attorneys at Law, is a North Carolina personal injury, workers’ compensation and Social Security disability law firm with offices in Raleigh, Durham, Fayetteville, Dunn, New Bern, Southern Pines and Wilmington. The firm’s practice areas include car accidents, truck accidents, motorcycle accidents, boating accidents, dog bites, dangerous drugs, defective medical devices, nursing home abuse and negligence and traffic violations. For more information, call the firm toll-free at (800) 434-8399 or use the firm’s online contact form.

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