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DePuy Announces U.S. 2.5 Billion Dollar Settlement Agreement to Compensate ASR™ Hip System Patients Who Had Surgery to Replace Their ASR Hip
November 19, 2013
The U.S. settlement program is available for U.S. ASR patients who had revision surgery for reasons related to the recall as of August 31, 2013. [...] The U.S. settlement is valued at approximately $2.5 billion, based on an estimate of 8,000 patients participating in the program.
Are you elgible to receive a settlement for your recalled DePuy ASR hip implant device?
You need to speak to an experienced and knowledgable DePuy ASR recall attorney as soon as possible. Time is of the essence.
DePuy Orthopedics issued a voluntary U.S. recall in August of 2010
That is over three years between the voluntary recall and the settlement announcement. Many people have heard of the Statute of Limitations.
In this instance, the Statute of Limitations will be the date a person's right to sue a manufacturer for personal injury damages expires, due to his use of a defective product. In products liability law, this can be a complicated issue. Therefore discuss your particular case with an attorney who is an expert in the Products Liability field of law and knowledgable about DePuy ASR recall lawsuits.
Statute of Limitations for products liability claims are different from state to state. Once the Statute of Limitations has expired in your state, you can't file a lawsuit against DePuy and Johnson & Johnson..
Statute of Repose
A Statute of Repose is different from a Statute of Limitations, in that after the statutory period has expired it is not possible to file a lawsuit even if an injury occurs after that time.
But, some states also have a Statute of Repose which may allow the filing of a lawsuit even though the Statute of Limitations has expired.
States that have a Statute of Repose may handle them differently. In some states the Statute of repose may start at the date of original sale of the product. In other states, the Statute of Repose may start at the date of first use, date of delivery, date of manufacture, or expiration of useful sale life. It is possible that the Statute of Repose may extend the Standard of Limitations.
Even if you haven't had problms with your Depuy ASR hip implant, you may in the future. The DePuy ASR hip implants are failing at an alarming rate and the expect rate of failure within five years may be more than 50%, when these devices were expected to last twenty years.
Don't wait or you may forfeit your right to recover damages from DePuy if and when your DePuy ASR hip implant fails.