Wednesday, April 6, 2011

DePuy Hip Recall Suits: Time is Running Out

Plaintiffs who are hoping to file a DePuy hip replacement lawsuit may soon run out of time to do so. Legal experts are urging potential plaintiffs to talk to a personal injury lawyer as soon as possible. Although the end of the statue of limitations period is not imminent, as the DePuy hip recall occurred only a year ago. In most states the statue of limitations is two to three years.
Plaintiffs in states with the two-year statue of limitations period technically have until August 2012 to file their DePuy lawsuit, but for many reasons it would be prudent for the plaintiff to contact a lawyer and begin the litigation process as soon as possible – statues of limitations can be bent in favor of either the plaintiff or the defendant in some cases, and to be safe a plaintiff should not assume the statue of limitations is set in stone.


Additionally, side effects suffered due to the hip implants might be difficult to deal with without some kind of settlement, as this is the reason many patients file suit in the first place. Settlements can help with medical bills and other costs associated with side effects, and the sooner a plaintiff files a lawsuit, the sooner a settlement might be reached with DePuy.

Plaintiffs should also hurry up and file suit because if they do not file before a consolidation of lawsuits is completed and the cases are sent back to the individual courts in which they were filed, they may be unable to have as much influence as otherwise possible in the way litigation plays out. In addition, if DePuy decides to settle with plaintiffs out of court, which could happen at any time during the litigation process, those who have not yet filed lawsuits may miss out on the settlement being offered.

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