Is there a deadline I should be worried about if I have a Depuy ASR?
Many people are confused as to when they have to file a lawsuit seeking damages from Depuy and Johnson and Johnson for their defective Depuy ASR hip implants. The time you have to file your claim is dictated by a State's Statute of Limitations. A statute of limitation is a law which terminates your right to file a claim for injury, if you don't file within a certain time. Each state has their own statute of limitations (SOL) for products liability. In some states, you may have as little as one year to file a claim. *See the list of the SOL's in every state.
In California, the statute of limitations in products liability cases is two years. The time starts running when the plaintiff knows of the injury and suspects, or should suspect, that the injury was caused by a defective product.
The existence of such knowledge is a factual determination for the jury to decide. A jury makes this determination using the following factors
(1) knowledge of the injury, and
(2) knowledge of facts creating, or which in a reasonable person would create, a suspicion of negligence on the part of someone. Bristol-Myers Squibb Co. v Superior Court (1995, 4th Dist) 32 Cal App 4th 959, 38 Cal Rptr 2d 298. * See further discussions on this issue in other articles on this site.
In California, the deadline to sue is fast approaching! The deadline is probably August, 23, 2012, but talk to an attorney to find out what your particular deadline is. If you have a Depuy ASR or Depuy Pinnacle hip replacement device, call us TODAY.
Time may be running out. Call The Law Offices of Dean Goetz at 858-481-8844 now.
Do not Delay.
Even if your Depuy ASR hip replacemnt device is not causing you pain and you do not have high metal levels yet, find out what you need to do now to protect your future rights.
You are living with a ticking (rapidly expiring) hip replacement device (bomb) and you are entitled to compensation. Don't forfeit your rights.
We handle cases no matter where you had your surgery. The Law Offices of Dean Goetz Call Attorney Dean Goetz at 858-481-8844.
Articles published during the first Depuy trial on emerging information:
- Maker Aware of 40% Failure in Hip Implant
New York Times January 22, 2013
- J&J Failed to Warn of Hip Implant's Risks, Jurors Told
Bloomberg News January 25, 2013
- Trial underway in hip implant lawsuit
Los Angeles Times January 25, 2013
- News from Kransky v. DePuy Richmond, VA Legal Examiner January 29, 2013
- J&J Had 'Inappropriate' Risk Controls for Hip, Jury Told Bloomberg News January 31, 2013
- J&J Failed to Weigh Hip Metal Debris Risk, Witness Says Bloomberg News February 1, 2013
- J&J Recalled Hips Over Safety Concerns, Witness Testifies Bloomberg News February 4, 2013
- J&J Jury Told Hip Has Many Design Defects Causing Failure Bloomberg News February 6, 2013
- J&J Sales Rep Told Surgeon of Hip Problems, Jury Told Bloomberg News February 7, 2013
- What a Company Knew About Its Metal Hips New York Times February 10, 2013
- J&J Feared Metal Backlash Would Hurt Hip Sales, Jury Told Bloomberg News February 13, 2013
- J&J Hip Recipient Says He Feared Surgery Would Kill Him Bloomberg News February 19, 2013
Articles about Depuy recall leading up to trial:
- FDA Examines Metal Hip Devices
- Congress Wading Into Faulty Hip Implant Issue
- Defective and dangerous medical device products. rushed to market with, "Gaps in FDA's postmarket surveillance show that unsafe and ineffective devices may continue to be used, despite being recalled."
- New York Times Remedy Is Elusive as Metallic Hips Fail at a Fast Rate
- Medical News Today Hip Replacement Recall By Depuy Orthopaedics Is Big News
- Independent UK Thousands of patients left in agony by faulty hip replacements. Nearly 8,000 people may have to undergo further surgery as an implant is recalled – three years after warnings about its defects.
- 24-7 News Lawsuits involving the recalled Johnson & Johnson DePuy ASR hip implant could be consolidated in a multidistrict litigation.
Metal on Metal Hip Device Recall - Depuy
Dean A. Goetz and the Gomez Law Firm were the attorneys for Mr. Loren Kranksy, the Plaintiff in the first Depuy trial in the USA. 3/6/13 at 9:38 a.m. PST A jury found Depuy liable to Mr. Loren Bill Kransky today in a Los Angeles Superior Court. FIRST verdict in the USA against Depuy for $8,328,000. We Are The Kransky Lawyers
Kranksy vs. Depuy and Johnson and Johnson, Los Angeles County Superior Court Case #BC456086
The Walking Wounded - Dean Goetz interviewed ABC Investigative Report - watch the whole investigative story on Depuy, aired 5/26/14, "Reporter Quentin McDermott reveals how a healthcare giant deceived doctors and patients using its ASR hip replacement implant." Australian class action cases go to trial in 2015.