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BoBo1946's avatar

Does anyone have any legal advice on my defective hip?

Asked by BoBo1946 (15325points) December 29th, 2010

My hip that was replaced in 2006 (left one) is being recalled by Johnson and Johnson due to a defect. Mine has never given me any problems. The one I had replaced last month (right one) is a plastic hip where the one in 2006 was stainless steel.

Okay…not having any problems with mine, but there is a 3 year statue of limitations in my state. What if I have problems 3 years and a month from now, I would be out of luck.

Any suggestions? Lawyers call me everyday… but, I have no damages, yet. Without damages, pain and suffering, etc., I have no recourse.

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5 Answers

marinelife's avatar

Are you sure that you cannot be part of the class action lawsuit? Contact the firm that is handling it.

BoBo1946's avatar

@marinelife Very good idea, after all, I’ve no idea what the future will bring.

BoBo1946's avatar

I’m going to do some homework on this one…. check the on line firms handling the lawsuit and there are a bunch.

JLeslie's avatar

I agree, see about being part of a class action suit. Medical devices set aside money for law suits by law. I usually do not jump on a law suit bandwagon, but it might be worth it to be officially on a list, and you can decide later if you feel it is morally right for you to accept the money.

perspicacious's avatar

This is not legal advice, but practical advice. Talk to an attorney so you get the absolute correct answer. There is a legal doctrine that states a SOL doesn’t being to run until the injured becomes aware of an injury. That’s common law and may not be applicable. Also, since you have no damages as of now, you may NEED to affirmatively take yourself out of any class actions of which you have been notified. If you do not you could lose your ability to bring an individual suit down the line in the event you have problems. Again, this is not legal advice but my personal opinion.

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