Timeframe to file a DePuy lawsuit may face statute of limitations limits

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by Heygood Orr and Pearson

Patients who were injured after being treated with a DePuy ASR hip replacement or other metal-on-metal hip replacements may be facing a limited window in which they can file a lawsuit against the manufacturer of their implant. In some states, the two year statutes of limitations to file a lawsuit against DePuy or other manufacturers may expire in August 2012, leaving some users ineligible to file a lawsuit.

DePuy Orthopaedics recalled its ASR XL Acetabular System and ASR Hip Resurfacing System hip implants on August 24, 2010 after studies found that the devices were significantly more likely to fail than the expected rate for artificial hip replacements. According to the company, one in every eight ASR implants failed within five years, more than twice the expected rate.

Because of the date on which the DePuy recall was issued, patients who live in a state with a two year statute of limitations to file a lawsuit may be ineligible to file a case after August 23, 2012. In order to ensure that lawsuits are filed promptly, many states have a two year statute of limitations for product liability cases.

Manufacturers of other metal-on-metal hip replacements—including Wright Conserve, Biomet M2A-Magnum and DePuy Pinnacle—may also argue that claims against them are barred by the statute of limitations if filed after August 23, 2012.