DePuy Hip Implant Claims – Is Time Ticking?

depuy hip implant recall attorneys new jersey philadelphia estatute limitationsIf you are one of the unfortunate patients who received the recently recalled DePuy Orthopaedics ASR hip implants, you are probably wondering if there are any time limits to make a claim?
Many people believe it is okay to wait until you have symptoms before making any type of claim for a defective hip implant. After all, why should you make a claim if your DePuy hip implant seems to be working and you are not experiencing hip symptoms?

In fact, most orthopaedists are advising patients to wait until they have symptoms before deciding to undergo a hip implant revision surgery. While that may or may not be sound medical advice, it is not sound legal advice for a defective DePuy hip implant claim.

Why Should I Rush to File My DePuy Hip Implant Claim?

Because you may lose your hip implant claim if you wait too long to bring it.
All states have what is known as a “statute of limitations,” which is a law that may bar any claims not brought within a certain period of time. For example, in New Jersey and Philadelphia, the statute of limitations is ordinarily two years from when a patient knew or should have known of a potential claim. If you have a Depuy hip implant, and you are not noticing any symptoms at this time, the statute of limitations may still be running on your claim as DePuy has already issued the recall notice. DePuy may try use the date of the recall notice as a statute of limitations defense.

The recall date was August 26, 2010, so DePuy may argue that any claim that has not been filed in a Court of law may be barred by the statute of limitations. What’s worse, if you began experiencing hip pain, discomfort or any other symptoms related to the defective hip implant BEFORE the recall date, DePuy may argue that your statute of limitations began running on the date you first experienced hip symptons.

DePuy Hip Implant Attorneys in New Jersey and Philadelphia

Since it is often difficult to determine when a judge or a court would decide when you “knew or should have known” that you had a defective hip implant claim or lawsuit, you should consult with a lawyer now, before time expires on your claim. Remember, the medical advice regarding a defective hip implant, re-implantation surgery, and appropriate testing for potential toxins in your blood stream will be very different than the legal advice you should be given regarding when and how to present your claim.

Contact the Mininno Law Office for a free case evaluation. A DePuy hip implant recall lawyer will take the time and give you important information about your legal rights. You may also call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

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