Patients who have been affected by the side effects that have come to be associated with Zimmer Durom cup hip replacement systems – hip and groin pain, pain when climbing stairs, and other serious complications – may be interested to know that, while the statue of limitations in their state may have run out, they could still have time to file a Zimmer hip replacement lawsuit.
The statue of limitations, which is the period during which a plaintiff can file papers with court, varies from state to state. In New Jersey, where Zimmer lawsuits have been consolidated into multidistrict litigation, the statue of limitations is two years – and most, if not all, patients who have received faulty Durom cup implants received them at least two years ago, usually more. Despite this, recipients of a faulty implant may still have time to file a lawsuit.
In most cases, the statue of limitations does not begin until a patient discovers side effects from the hip implant, or is diagnosed with them. For example, a patient who received an implant in 2007 but did not experience side effects until 2010 may still be able to file a Zimmer hip replacement lawsuit until 2012. Additionally, in some cases, the statue of limitations can be extended, which usually takes place when there is a delay in the discovery of a wrongdoing or when a defendant has fraudulently concealed a wrongdoing, such as in the case of a patient who believes his or her pain after surgery to be normal for a few years afterwards, but then realizes it is due to a faulty implant.
However, in any case, only an experienced and trusted lawyer can give truly accurate advice to a potential plaintiff as to whether or not he or she has a Zimmer hip replacement case.