Statute of Limitations Could Soon Run Out on DePuy Hip Implant Claims

Posted on July 5, 2012

All across the country, people have been filing lawsuits in response to the pain that they have been forced to endure because of the implantation of the faulty DePuy ASR metal-on-metal hip implant.  Those who have already initiated their claim are well-placed to receive compensation, but unfortunately, there’s still many persons out there who either don’t understand their legal rights or have elected not to pursue a claim.

A new report illustrates quite vividly that the time to file a claim in response to this defective hip implant might be running out.  Personal injury claims must be filed within a certain period of time.  This is known as the statue of limitations.  The reason that time is of the essence in filing a metal-on-metal hip implant claim is because of the date that the recall of these devices was issued.

DePuy recalled their ASR hip implant on August 24, 2010.  So in just over a month, two years will have elapsed from the time of that recall.  Because most states have a two year statute of limitations with which to file a claim, August 23, 2012 is the de facto deadline for hip implant victims to seek justice.  California is one such state where your time to seek justice could be running out.

Now, there are certainly exceptions to this rule.  One rule, known as the “Discovery Rule,” places a stipulation on the statute of limitations wherein the two year clock starts once an individual finds out that they are within their rights to file a claim.  Because information regarding the DePuy hip implant has been so widespread, however, it might be tough to convince a judge that you didn’t know about the recall, so it’s likely that the aforementioned deadline would still apply.

The Sailors and Soldiers Relief Act could also delay the statute of limitations.  This rule provides for an extension on the deadline as long as the affected individual is in active military service.  The moment that person is declared inactive, though, the clock start ticking once again.  One other instance where the statute of limitations could be waived is if the affected patient suffers from some form of mental illness.

Even with exceptions, though, you set yourself up for success the earlier you act.  If at all possible, it’s best not to have to rely on an exception in the first place.  The sooner you act, the better your chances of successfully receiving compensation for all you’ve been put through.  With August 23 looming large, contact a personal injury lawyer at once so that you can receive a thorough review of your claim before it’s too late.

Don’t let justice slip away.  Contact an attorney to put the wheels in motion on your metal-on-metal hip implant claim.

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