DePuy Hip Implant Claims – Is Time Ticking?

depuy hip implant recall attorneys new jersey philadelphia estatute limitations If 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.

Medical Malpractice and Fraud May Put Doctor in Jail

new jersey philadelphia medical malpractice attorneys negligence mark weinberger fraud jail Mark Weinberger, also known as the “nose doctor,” was an otolaryngologist in Meriville, Indiana.
On the outside, his practice was very attractive, posh and glamorous, but also modern and convenient. In reality, while Weinberger promised modern medicine and charged modern prices, he was performing outdated and somewhat ineffective procedures. He regularly made surgical mistakes, and, as some of his patients claim, missed cancer diagnoses.

He disappeared for almost five years while fraud charges and medical malpractice and negligence claims mounted against him. He was on vacation with his wife in the Greek Isles, and was declared missing when his wife woke up one morning to find him gone. The Dr. was found 5 years later living in a tent on a mountain in Northern Italy.

Consequences of Medical Malpractice for Mark Weinberger

Now, Mark Weinberger is looking for a plea bargain with the court regarding the 22 counts of insurance fraud he has against him. His side of the bargain would include four years in prison and $366,000 to patients who either overpaid for procedures they did receive, or paid for procedures they didn’t receive at all. If Weinberger is convicted, he could face up to ten years in jail and $5.5 million in restitution.

Victims of Weinberger’s deceptions and greed are hopeful that they will be able to receive the compensation they deserve. Most of them feel that while he definitely deserves jail time, 4 years isn’t long enough.
For Peggy Hood, no amount of time can be long enough. Peggy lost her sister, a patient of Dr. Weinberger, to throat cancer, after the doctor failed to diagnose it. Peggy just hopes for closure for her family, and for the doctor to be held accountable for what he did.

NJ and PA Medical Malpractice Attorneys

The medical malpractice attorneys at the Mininno Law Office are experienced in handling some of the toughest cases. Doctors and hospitals that act negligently should be held accountable for their acts, and our team is poised to make sure that happens.
If you or a loved one have suffered due to medical malpractice, contact the Mininno Law Office for a free case evaluation or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2382 in Philadelphia. Let us fight for you, and earn you the recoveries you are due.

DePuy Fights the New York Times and Loses

new jersey philadeplhia Depuy orthopaedics hip implant recall attorneys new york times Give credit to the New York Times for being the first to warn patients and doctors about the potential defects that eventually led to the Depuy hip implant recall.

In March of 2010, The New York Times was the first to break the story about these potentially defective products which could cause serious injury to patients. Although The New York Times’ data was essentially indisputable, DePuy issued strong denials and defended it’s hip implant’s track record.
DePuy fought back, saying that their ASR XL Acetabular System was just as safe as other hip implant systems distributed by other manufacturers. Ironically, as The New York Times reported, DePuy was actually attempting a “silent recall” by phasing out the sales of these defective implants, claiming it was for “business reasons,” and denying it had anything to do with safety.

Not surprisingly, DePuy’s strenuous defense of it’s hip implants turned out to be false. In fact, a few months later, in August of 2010, the FDA sent a warning letter to DePuy regarding other questionable marketing techniques. Within days, DePuy issued a voluntary recall of it’s ASR hip implant system, and finally conceded that the failure rate for this hip implant was greater than that of it’s competitors.
DePuy Orthopaedics President, David Floyd, then belatedly expressed “regret that this recall will be concerning for patients, their family memebers, and surgeons.”

Interestingly, there was no mention of The New York Times article which identified the precise problems with DePuy’s hip implants just a few months earlier.
Let’s give credit to New York Times investigative journalists, Barry Meier and Andrew W. Lehren, for first breaking the story. Without their reporting, DePuy would have been successful in it’s “silent recall” of these potentially defective hip implants, and patients would have never known about the health risk associated with these products.

Mininno Law Office DePuy Hip Implant Recall Attorneys

If you or a loved one recently have recently undergone a hip replacement surgery, you may be the recipient of a defective DePuy hip implant. To be sure, you should contact your orthopaedic surgeon, or the hospital where the procedure took place.
If you are, in fact, a recipient, you will need a DePuy Hip Implant Recall attorney. Contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, and (215) 567-2380 in Philadelphia.

We are here to help you earn the compensation you deserve.