DePuy Orthopedics, Inc. issued a nationwide recall for two of its most popular hip replacement systems – the ASR XL Acetabular and ASR Hip Resurfacing System – in August 2010 following reports that at least one in eight recipients required revision surgery in under five years, according to the company's website. Seattle attorney Chris Davis wants those who have been injured by these devices to know that the law limits how long victims have to file a lawsuit and that the sooner they act, the better.
DePuy’s official recall came after the United Kingdom joint registry published research showing that between 12 and 13 percent of all devices that were issued had failed within the first five years. The New York Times reports that approximately 93,000 total units were recalled, with one-third being in the United States. There have also been more than 6,000 lawsuits filed in connection with the company’s ASR devices.
“These are dangerous products that were fast-tracked to the market and are now responsible for causing injuries to thousands of Americans,” says Seattle personal injury attorney Chris Davis of the Seattle-based Davis Law Group. “Depending on where some of these victims live and when they had the procedure, the time for justice could be running out.”
In the United States, personal injury and product liability lawsuits fall under a statute of limitations that prohibits victims from filing a suit after a certain period of time. In many states, the statute of limitations for product liability is two years, meaning that some victims may not be able to file a claim past August 2012.
Davis, who serves as the principal attorney and founder of the Davis Law Group, has represented numerous product liability victims in his home state of Washington. There, Davis says, victims have a three-year statute of limitations for product liability claims involving the DePuy hip replacement devices.
“Fortunately, Washington State law allows a three-year limit from the date the injury was or should have been discovered,” Davis added. “However, a claim is typically the strongest when it is pursued well before the time limit expires because evidence can be lost and memories can fade over time. So there is a sense of urgency involved.”
Davis also offers a series of informational legal guides for free as a public service to accident victims throughout the State of Washington. Among the books he has authored is “Washington Injury Law: A Reference Guide for Accident Victims.” The book explores all of the elements of state laws regarding personal injury claims, including the statute of limitations, and clearly explains them in layman’s terms. Victims may order a free copy at http://www.washingtonaccidentbooks.com.
About Chris Davis
Christopher M. Davis, founder of the Davis Law Group, has been a licensed attorney in the state of Washington since 1993. He has tried dozens of personal injury cases to verdict and has successfully handled and resolved hundreds of accident claims. He has been a Washington Super Lawyer' for seven years in a row for his expertise and success in litigating personal injury claims. You can learn more about the firm by visiting our website.