DePuy ASR Hip Replacement Lawsuits Could face Statue Of Limitations

The DePuy ASR XL Acetubular Hip System was recalled by its maker on August 24, 2010, following complaints about the device’s metal-on-metal components and alleged corrosion. This is one of a number of different manufacturer’s products currently facing lawsuits over possible design defects. Nationwide, thousands of lawsuits have been filed seeking compensation for serious injuries allegedly caused by hip implants – and now, in some states the statute of limitations could mean affected patients are running short on time.

The statue of limitations for filing claims against DePuy may be approaching.

A statue of limitations imposes a cutoff point by which lawsuits must be filed, and prevents legal action for alleged violations that happened too far in the past. Some state laws set a basic three-year statute of limitations for personal injury claims based upon product defect allegations – meaning that three years after an incident occurs, or after it becomes reasonable for an individual to know about it, legal action becomes impossible.

Accordingly, the statue of limitations for filing claims against DePuy may be approaching, making August 24 – three years from the public recall – a possible deadline for lawsuits. Although individual cases are different, patients fitted with DePuy’s hip replacement system who then received the recall notification may lose their right to seek compensation if the statue of limitations does apply and they elect, too late, to take action. The best choice for any patient who has experienced side effects or who is covered by the recall notice is to seek legal assistance.

Metal-on-metal hip implants are facing increasing scrutiny from the FDA, which recently proposed a study into the device’s use and possible defects. Complaints have been filed by patients across the U.S. who allege that the metal parts of implants can corrode and weaken, leading to injury if the implant is compromised as well as possible infection or metallosis from metal particles that enter the blood stream. Complaints have been filed against manufacturers including DePuy, Stryker, Wright Conserve, Biomet, Zimmer, and Smith and Nephew, some of whom have voluntarily recalled devices following patient complaints.