DePuy ASR Hip Implant Lawsuit Deadline for Tolling Agreement Nears

Plaintiffs who have filed suit against Johnson & Johnson and DePuy Orthopedics for their recalled ASR hip implants have little time left to decide whether to enter into a tolling agreement. The January 31, 2015 tolling agreement deadline effects plaintiffs in cases coordinated under a 2010 multi-district litigation (also known as an MDL, which streamlines trial proceedings by collecting many similar cases under one umbrella) established in the U.S. District Court for the Northern District of Ohio for plaintiffs who experienced similar symptoms from their faulty metal-on-metal hip implant that caused the release of tiny metallic particles into their bloodstreams—a painful condition known as metallosis.

Under the terms offered in DePuy and Johnson & Johnson’s November 2013 settlement, plaintiffs who received faulty implants and did not undergo hip revision surgery were not eligible for settlement funds—but now, plaintiffs have the choice—though only until January 31st—to continue their suit or voluntarily dismiss their case, which could be tolled until a time when the plaintiff requires revision surgery. At that time, the plaintiff could re-file his or her suit within one year of the surgery—which could be beneficial.