The statute of limitations for filing a lawsuit against DePuy over the ASR hip implants will expire in many states on August 23, 2012, ending the period in which a person can bring a lawsuit against the Johnson & Johnson subsidiary.
Every state has a different statute of limitations on filing injury lawsuits and the triggers that start the filing countdown are different across the country. In some states, the statute of limitations clock begins as soon as the person has reason to believe they have been injured, while in other states, the clock starts with a widespread event, such as the DePuy ASR recall notice.
The statute of limitations for filing a lawsuit is generally two years, however in some states plaintiffs only have one year to file a lawsuit, but when the one-year countdown begins is a matter of the law in that specific state.
There are some exceptions to the statute of limitations, such as the Sailors and Soldiers Relief Act, which can stop the countdown clock from beginning if the plaintiff is on active duty during the statute of limitations. Other exceptions include the Discovery Rule, which specified when the countdown to file begins, and in some cases, mental illness could extend the statute of limitations.
Once the statute of limitations has run out, a person can no longer file any lawsuit against DePuy over the ASR hip replacement devices.