When do Depuy ASR patients lose their right to recover damages from Depuy and Johnson & Johnson?
Statute Of Limitations For Products Liability Cases
Statutes of Limitations (SOL) are laws that set time limits on how long you have to file a civil lawsuit, like a products liability lawsuit against DEPUY and JOHNSON & JOHNSON. These time limits are different from state to state. Once the statute of limitations has expired or run, you can't file a lawsuit.
This is a limited summary of the Statute of Limitations in all fifty (50) states of the United States.
Statute of Repose
A statute of repose is different from a statute of limitations, in that after the statutory period has expired it is not possible to file a lawsuit even if an injury occurs after that time. Some states also have a Statute of Repose which may allow the filing of a lawsuit even though the SOL has expired. Some of these run from the date of original sale of the product, date of first use, date of delivery, date of manufacture, or expiration of useful sale life. The Statute of Repose may extend the SOL.
The date a person's right to sue a manufacturer for personal injury damages expires, due to his use of a defective product, can be a complicated issue. Therefore, the following information should not be relied on without discussing your particular case with an attorney who is an expert in the Products Liability Field of law. If you want to talk to an experienced attorney, call Attorney Dean Goetz at 858-481-8844NOW.
Attorney Goetz will answer all your questions regarding your Depuy ASR hip replacement device without cost or obligation.
Attorney Goetz will answer all your questions regarding your Depuy ASR hip replacement device without cost or obligation. Don’t wait or you may forfeit your right to recover damages from Depuy if and when YOUR DEPUY ASR fails.
1. One year from date of injury or from the date the patient knew or should have known the product was defective.
Kentucky, Louisiana and Tennessee (3)
2. Two years from date of injury or from date the patient knew or should have known the product was defective.
Alabama, Alaska, Arizona, California, Colorado, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Virginia and West Virginia. (21)
3. Three years from date of injury or from the date the patient knew or should have known the product was defective.
Arkansas, Connecticut, District of Columbia, Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, and Wisconsin. (18)
4. Four years from date of injury or from the date the patient knew or should have known the product was defective.
Florida, Minnesota, Nebraska, Nevada, Utah, and Wyoming. (6)
5. Five years from date of injury or from the date the patient knew or should have known the product was defective.
6. Six years from date of injury or from the date the patient knew or should have known the product was defective.
Maine and North Dakota, (2)
Find out what your specific Depuy DEADLINE is.
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.
Do not Delay.
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.