Time is Limited for ASR DePuy Hip Recall Claimants

DePuy ASR hip implants are linked to high levels of potentially toxic metals in the bloodstream. Metal ions seep into surrounding tissue, possibly causing damage to muscle and bone and in some cases, causing damage to the lymph nodes, spleen, liver and kidneys.

Metal on metal hip implants are more likely to fail in female patients. Patients with metal on metal hip implants are encouraged to have annual blood tests to be sure the implant is not causing danger. If pain, swelling or reduced movement occur, patients should have an MRI to check for any damage in case the joint needs to be removed.

Approximately 6,000 cases in the U.S. involving Johnson & Johnson’s defective DePuy hip implant have potential lawsuits, most of which cases are pending before the U.S. District Court for the Northern District in Ohio. It is being suggested that claimants not delay in getting their claims filed. Johnson & Johnson possibly will take the position that a two-year statute of limitations period, or time within which to file a claim, had expired on August 26, 2012, which is two years after the date of the recall.  As of today, no judges have ordered a halt and statute of limitations periods vary from state to state. DePuy’s attorneys perhaps may argue for a universal two-year statute of limitations, cutting off any future claims.

The statute of limitations period for each DePuy ASR hip recall should depend on the state in which the claim is filed, where the initial and possible subsequent surgery took place, as well as the circumstances surrounding the injury. However, approximately half of the states involved have a two-year statute of limitations period, and this can prevent future filings, depending on the date surgery took place.

So many victims who have suffered pain and suffering following placement of DePuy’s ASR hip implant are trying to settle their claims directly with Johnson & Johnson as opposed to hiring their own attorney. The problem is, unfortunately, if the two-year statute of limitations period runs out in their case before reaching a settlement by August 26, 2012, they may be time-barred from filing a claim.

J & J agreed to pay $600,000 to resolve three cases in Nevada. However, this alleged amount is creating controversy, as it may not be an accurate statement of what claimants were actually a paid by J&J to resolve their hip implant claims. It may be an amount leaked to the media in an attempt to set settlement levels at the low end of the expected settlement spectrum. Obviously, this would be beneficial to J&J in light of the huge amount of lawsuits they face worldwide.

An anonymous source stated that each claimant would receive about $200,000 to resolve suits prior to their scheduled trial dates later in 2012. This news was disappointing, as it seemed very low compared to similar claims settled in the past. Almost immediately after the announcement of these settlements, the plaintiffs who agreed to settle their claims against J&J DePuy Orthopedics, Inc. asked a Nevada judge to cancel or void the confidentiality agreement governing their settlements so that they could apparently come forward with the truth about their settlements that they claim are distorted by information potentially leaked from J&J. The plaintiffs would like to set the record straight but are restrained by their confidentiality agreements signed at the time of their claims with the manufacturer of the implants.

The three plaintiffs in Nevada filed “Motion Striking Confidentiality from Settlement Agreement” on August 22, 2012. The plaintiffs claim they have complied with the settlement agreement, while the defendants were potentially releasing “inaccurate” settlement details.

For more information or for a no-obligation case review, please feel free to call Gacovino Lake at 1-800-246-HURT (4878).



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