In response to claims for injuries caused by its hip replacement recall, Johnson & Johnson subsidiary DePuy Orthopaedics argues that victims waited too long to bring their claim and are not allowed to recover any compensation. The 93,000 victims of DePuy’s hip implant recall should be aware that deadlines apply to their case and should take measures to protect their legal rights.
One victim of DePuy’s hip replacement recall filed his lawsuit just 15 days after he underwent the revision surgery to remove and replace his recalled ASR hip implant. Even though he waited only 15 days to file his lawsuit, DePuy filed court documents arguing that he waited too long to file his claim. DePuy argues that the statute of limitations bars the victim from obtaining any compensation, and DePuy asks that the Court dismiss the claim and to make the victim pay money to DePuy for its trouble.
Each state has laws that set strict deadlines by which victims must file a lawsuit. If victims who are injured by DePuy’s hip implant recall do not file their claim by this deadline, they could be forever barred from being compensated. The application of these laws, which are commonly referred to as the “statute of limitations,” is very complex. Consequently, victims of DePuy’s hip implant recall should consult with an attorney to ensure that they do not waive their legal rights.
Brian Devine, an attorney who represents several victims of DePuy’s hip implant recall said: “In every single case we have filed, DePuy argues that the victim waited too long and is not entitled to recover any compensation. It doesn’t matter if the victim filed a lawsuit as soon as they woke up from the revision surgery, DePuy claims that all of these victims waited too long and none of them should be allowed to recover compensation.”
HIP IMPLANT RECALL CLAIMS
We currently represent people from across the country who had a DePuy ASR Hip that failed due to this defect. If you or a loved one suffered an injury caused by a metal-on-metal hip implant, you may be entitled to recover damages in a lawsuit against the manufacturer.
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ABOUT OUR HIP IMPLANT RECALL ATTORNEYS
We have an unparalleled depth of knowledge about hip implant litigation that comes from years representing orthopedic companies. For example, the firm’s partner, Brian Devine, worked for years at Sulzer Medica, a global manufacturer of hip and knee implants. As its Assistant General Counsel, Brian was responsible for all of the firm’s product liability cases worldwide. When the company suddenly had to recall several thousand hip and knee implants in December 2000, Brian was given lead responsibility for managing the resulting avalanche of litigation. He managed thousands of individual cases and directed attorneys in almost every state in the country. He then took a leading role in negotiating a nationwide class-action settlement which provided $1 billion in compensation to those who were injured by Sulzer Medica’s hip and knee implants.
Brian now uses his experience to help victims who are injured by orthopedic products. His legal and medical knowledge combined with the unique perspective he gained while working for a medical device company makes him a formidable adversary. Brian’s skill as an advocate is best proven by his results. In the last few years alone, he has recovered more than $20 million for a wide variety of clients. He has scored five victories in excess of $1 million, and his largest victory is a $3.7 million settlement on behalf of a single client.
We have offices in San Francisco, California. We represent injured persons nationwide through our network of experienced and dedicated attorneys.
Our description of your legal rights is not intended to constitute legal advice and is not intended to imply that any product is defective. That can only be determined through a case-specific investigation. This site is not affiliated in any way with any manufacturer of hip implants.
