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Stuart Talley, partner at Kershaw, Cutter & Ratinoff and one of the lead medical device lawyers at the firm, explains why waiting to take legal action over a metal hip that is causing high cobalt or chromium blood levels may be a bad idea. He warns, “Many patients with a metal-on-metal hip know that the implant is releasing cobalt or chromium in their blood, but they are not doing anything about it because they don’t think it’s causing any problems. The problem with that is that if three or four years down the road they do have problems, it is going to be too late to do anything. And if you think DePuy or another metal hip manufacturer is going to pay for your revision surgery or other medical treatment at that time, you’re wrong. They’re not. They won’t have any legal obligation to do so.”

What he’s referring to is the statute of limitations, or the period of time after a person becomes injured wherein he or she can file a personal injury lawsuit. This time period varies from state to state. In most states, the statute of limitations is one or two years. But the more important question that many hip replacement patients with a metal-on-metal hip are asking is when does that statute start to run?

Talley’s answer: “There are very good arguments, which the defendants will likely make, that once you are aware of the potential for your hip to cause problems, that’s when the statute starts.”

DePuy ASR Statute of Limitations

But for those hip replacement patients implanted with a DePuy ASR metal-on-metal hip, which was recalled in August of 2010, the answer may be more cut and dry. “As we approach the two year anniversary of the ASR recall, there’s a good probability that will mark the end of the statute of limitations for many patients,” Talley explains. “It depends again on the statute in the state where the patient resides, but the lawyers for DePuy will likely make the case that the statute of limitations for litigation involving the DePuy ASR should begin to run on the date that the recall was issued, which was August 26, 2010. That means for patients residing in a state with a 2-year statute of limitations, come August 2012, they may no longer be able to file a claim against DePuy for injuries related to their defective hip implant. While there are good arguments that the statute should not start running until the patient is actually injured, the better course is to not give DePuy the chance to argue that the statute of limitations has run and to file before the August deadline.”

Contact a hip recall lawyer before you lose your right to file a claim

If you were implanted with a metal-on-metal hip replacement system – particularly a metal hip manufactured by DePuy Orthopedics – Talley encourages you to contact a product liability lawyer right away, before you lose your right to file a claim against the manufacturer. Fill out the form on this page to speak with an attorney right away, or call 888-290-4472 for a free and confidential case evaluation.

What is the Statute of Limitations for DePuy ASR Hip Replacement Recall? In the above video, medical device lawyer Stuart Talley explains the statute of limitations for people implanted with a DePuy ASR metal-on-metal hip replacement system.

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