Saturday, September 24, 2011

DePuy Argues That Hip Implant Recall Victims Missed Deadlines

I thought this was an interesting article from Brian Devine's site.  I wonder if anyone else has had this same experience?

by Brian Devine on January 31, 2011
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.”

2 comments:

  1. Whatever happens to this issue of depuy hip recall , we just hope that majority of the victim would get the justice they so long have been fighting for. :)

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  2. These arguments brought forth by Depuy are ridiculous. I don't know in which state is a 15 day statue of limitation on this issue. It sounds like Depuy lawyers are mocking the justice system with such absurd claims.
    The victims of hip replacement recalls are entitled for compensation and should seek justice as early as possible.

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