Zimmer Hip Statute Limitations | Zimmer Hip Lawsuit Advice

Zimmer Hip Statute of Limitations

Staff Writer | February 10th, 2011

Whether or not it’s not too late to file a Zimmer hip claim depends on the statute of limitations; the time period within which the law requires an injured party to file papers with the court.

It is true that the statute of limitations for product liability lawsuits in New Jersey, where Zimmer hip litigation is currently consolidated under multidistrict litigation (MDL), is 2 years.

It is also true that most, if not all, Durom cup recipients with a valid Zimmer hip claim were fitted with their faulty device more than 2 years ago.

Despite these conditions, Durom Cup recipients who have so far remained quiet may still be eligible to file a lawsuit.

Variations regarding Zimmer hip statute of limitations

1.  In most cases, the statute of limitations clock does not begin ticking until a wrongdoing or breach of contract is discovered by a plaintiff. That means that a patient who received a Durom Cup in 2007 but began experiencing Zimmer side effects in 2011 may be eligible to file a Zimmer hip lawsuit until 2013.

On the other hand, a judge can choose to dismiss a late claim on account of the lawsuit appearing frivolous. To determine with certainty whether or not the Zimmer hip statute of limitations has lapsed for a particular hip lawsuit, a plaintiff should seek Zimmer hip lawsuit advice from a trusted and experienced attorney.

2.  In some cases, a Zimmer hip statute of limitations can be extended or “tolled.”

Tolling can occur when there is a delay in the discovery of a wrongdoing or when a defendant has fraudulently concealed a wrongdoing. This may be relevant to a plaintiff who realizes years after surgery that his or her Durom Cup pain is not normal, but characteristic of a defective device. Furthermore, it may be determined during MDL proceedings that the device manufacturer maliciously concealed or continues to conceal Durom Cup problems, despite the high rate of hip implant failure, which may extend the Zimmer statute of limitations into the future.

3.   Statutes of limitations can vary depending upon the defendant or type of lawsuit.

In some states, the statute of limitations for medical malpractice lawsuits is as long as 4 years. A personal injury attorney may determine that it is not the device manufacturer that is at fault in a defective Durom Cup case, but rather a negligent or criminal doctor. In that case, a Zimmer hip lawsuit may be a medical malpractice lawsuit, which can in some cases be filed even after a tort statute of limitations has lapsed.

Only a lawyer can give Zimmer hip lawsuit advice

There are several other variables that may extend or shorten the Zimmer hip statute of limitations. While this guide may be helpful in determining how long one has to file a Zimmer hip  lawsuit, ultimately, potential plaintiffs should seek advice from an experienced Zimmer hip lawyer immediately to avoid missing this crucial deadline.