The Rottenstein Law Group, which represents clients with claims stemming from the failures of defective hip replacement devices manufactured and sold by various companies, does not want any recipient of a faulty hip to be barred from claiming compensation for failure to commence legal action before the end of the applicable limitations period.
Although no authority has yet ruled on the question, many lawyers believe that the time to file a lawsuit against DePuy Orthopaedics for harms caused by the recalled ASR hip devices is coming to an end. Each cause of legal action has an applicable statute of limitations—a deadline to file a claim, or else that claim can be lost forever. It is possible that the deadline for filing claims related to the embattled DePuy ASR hip system is two years from the date that DePuy issued the recall, which occurred on August 24, 2010. Lawyers note, however, that it is not certain either that the date of DePuy’s recall is the start date for the period to file, or that the time for filing is limited to two years. Nevertheless, most lawyers taking ASR cases encourage victims to prepare to file before August 24, 2012, to be safe.
Earlier this year, DePuy parent Johnson & Johnson released its first quarter financial information, which revealed that recall costs had risen yet again by another $276 million. That amount was listed as a charge taken by J&J from its first quarter earnings. Previously, in the fourth quarter of 2011, J&J took a charge of more than $3 billion. Analysts have speculated that DePuy hip settlements are forthcoming.
Rochelle Rottenstein, principal of the Rottenstein Law Group, implores anyone with a friend or relative who has received a dangerous hip implant or other medical device to reach out to that person and recommend that he or she consult a physician immediately and then speak to a qualified personal injury lawyer.