DePuy ASR Hip Implant Settlement Letter and Statute of Limitations Update
Having filed more DePuy ASR hip implant claims that any other firm in Georgia, all on an individual basis (No Class Action), Childers Schlueter and Smith LLC is seeking to give guidance concerning the rapidly impending Statute of Limitations expiration that will bar the claims of ASR hip implant patients. Many ASR patients erroneously believe that DePuy Orthopaedics and Johnson & Johnson will settle with them. To our knowledge, no such offers have been made, or likely will be made before the statute of limitation expires in the immediate months ahead. Some patients that have had revision as a result of the failed implant received the letter below. Read the letter in the context of understanding the statute of limitation and decide for yourself.
The FDA posted on its website the recall of Depuy ASR acetabular components in the United States on July 17th 2010.
Following July 17, 2010 FDA recall notice, DePuy Orthopedics issued a worldwide recall of all the ASR components on August 24, 2010.
The two year anniversary date of the recall is approaching and may serve as a bar to claimants that have statutes of limitations that expire prior to filing a civil claim with a Court of competent jurisdiction. A quick look at the statute of limitations that are at issue reveal approximately 28 States have statutes of limitation that are 2 years or less.
Many patients that have the Depuy ASR device have not been told of the significance of the statute of limitation. The unwary client is usually unaware of the level of sophistication of the risk management or hired legal defense firms that a company such as Johnson and Johnson employs to minimize or bar a harmed patient in pursuing a legal claim that has not been timely filed within their statute of limitations.
Some of our clients have received the letter below before hiring our law firm. The letter has the effect of lulling the hip implant victim into the belief that their cooperation will result in “additional compensation” and that “payment will be made within 30 days, avoiding the complex and lengthy lawsuit process”. This letter is a shameful example of victimizing an already harmed patient by setting up a false expectation that may result if the patient does not fully comply with their orders and directives.
The DePuy Settlement letter sent and received by many is found here.
Based upon what we have learned since this letter was originally sent in 2010 regarding DePuy’s promise to pay for “additional compensation” to a patient wishing to avoid the “lawsuit process”, these promises to date have not been fulfilled and it has mislead many patients all over the Country. There is no outstanding promise or guarantee to pay compensation to a deserving client that has had to undergo a surgery to replace the device. Why would DePuy send this letter and then make no offer to the claimant after asking for information and getting the claimant to sign authorizations granting them access to medical records to verify their harms? Whether intended or not, the claimant that relies on DePuy being fair with them in settling their case without filing a civil claim will be barred legally from pursuing the claim through the civil justice system after their statute of limitation expires. It has been nearly a year and a half since these letters were first sent out and there still has not been any meaningful settlement offers for thousands of ASR hip implant patients. Just hollow and empty promises from what we have seen thus far.
It is expected that the victim of the hip implant after providing their documented information detailing their harms/losses and expecting fairness will recognize that their cooperation and hope for fairness will be met with the “run around” or “a take it or leave it offer” just before the statute of limitations. We expect that readers that have been speaking to DePuy know this first hand. Our firm encourages victims to call us at 1-800-641-0098 to assist them in protecting their claims and rights against the responsible companies involved or visit our website at www.cssfirm.com
Childers Schlueter and Smith LLC is available to answer your questions and explain your options in a free consultation. Our law firm is assisting harmed consumers through out theUnited Statesand have filed ASR hip implant cases on behalf of consumers residing throughout theUnited States. Individual considerations and particular circumstances are evaluated including the possible uncertainty of the longstanding effects of metallosis, cobalt and chromium. Each represented client has claims that are different and are evaluated individually. This is not a Class Action. Either DePuy will agree the appropriate dollar value authorized by our client or the individual client’s claim will be prosecuted through the civil justice system to determine the fair value of their claim. In the estimation of Childers Schlueter and Smith, LLC the harms and value of each timely prosecuted claim will be significant and substantial.
The attorneys at Childers Schlueter and Smith, LLC are experienced and understand the methodologies employed by DePuy to limit and minimize a client’s claims either through the process employed against unrepresented patients as exhibited by the above letter or through the National Law firms it employs to limit a client’s claims in litigation. If you want help or just the ability to become more educated on your legal rights, call us at 1-800-641- 0098 or 404-419-9500 and ask to speak to one of our DePuy ASR hip implant litigation attorneys.
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on Friday, August 17th, 2012 at 9:45 pm and is filed under FDA Alerts Blog, News & Results, News Blog.
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