Statute of Limitations Looming for DePuy Hip Implant Lawsuits

For many people who have suffered from serious side effects caused by the recalled DePuy ASR hip replacement system, the cut-off date for filing a DePuy hip implant lawsuit is coming up quickly. In cooperation with the FDA, which posted a DePuy recall notice on its site on July 17, 2010, DePuy Orthopaedics initiated a worldwide recall of all of its ASR components on August 26, 2010. The two-year anniversaries of the FDA recall notice and the DePuy hip implant recall are coming up this July and August, and will serve as a bar to claimants that have statutes of limitations that expire prior to filing a DePuy hip implant lawsuit. If you have experienced one or more side effects associated with DePuy Orthopaedics’ recalled ASR hip implant, contact our defective hip implant attorneys at Atkins & Markoff today for legal help.


A statute of limitations describes a legal enactment that sets the maximum time after an event that legal proceedings based on that event may be initiated. In short, the statute of limitations under these particular circumstances marks the period of time during which a victim of DePuy hip implant side effects can file a lawsuit for compensation. Since approximately 28 states have statutes of limitations that are two years or less, the last chance to file a DePuy hip implant lawsuit could be as early as July 16, 2012 for some individuals. Unfortunately, many affected patients are unaware of this statute of limitations, which could forever prevent them from collecting the financial compensation they deserve for their hip implant-related injuries.


In December 2010, DePuy Orthopaedics sent a letter to DePuy hip implant recipients offering “additional compensation,” which would be made to patients in 30 days, thereby “avoiding the complex and lengthy lawsuit process.” This letter is a shameful example of the steps some medical device companies will take to avoid having to pay affected consumers the compensation they deserve for their injuries. One of the most serious side effects associated with the recalled metal-on-metal ASR hip replacement system is the potential for normal wear and tear to cause microscopic metal particles to be shed into the body, which can cause a metal-ion poisoning called metallosis and may cause the implant to fail.


More than 93,000 ASR hip implants were sold worldwide before the FDA finally issued a recall in 2010, including approximately 40,000 units in the United States. By the time they were removed from the market, DePuy indicated that about one in every eight implants were failing within five years of surgery. If you or a loved one has suffered from a serious side effect caused by the recalled DePuy ASR hip implant, contact our DePuy hip implant attorneys at Atkins & Markoff today. The statute of limitations for filing a claim against DePuy Orthopaedics is set to expire in the next few months, and failing to file a lawsuit before then could bar you from ever pursing fair and timely reimbursement for your injuries. With the help of our experienced defective hip implant attorneys at Atkins & Markoff, you can protect your legal rights and seek the financial compensation you deserve.