The DePuy ASR hip recall initiated in August of 2010 has been a hot topic of discussion in the medical community over the last year and half. Surprisingly thousands of patients are still unaware of the detailed history and circumstances surrounding the hip implant recall. CBS Atlanta News, as anchored by Stephany Fisher, recently did an informative news piece called: Consumer Reports Investigation Warns of Dangerous Devices.
In discussing the DePuy ASR hip recall and the failures associated with it, Childers Schlueter & Smith founding partner, Richard Schlueter, was featured in the news piece along with Calhoun Police Lieutenant John McGivern who is a Childers, Schlueter & Smith client.
Atlanta attorney Richard Schlueter is representing more than a 150 clients who received the now-recalled implant. And it’s estimated that several thousand people in Georgia are affected.
Based on the initial FDA notice date of July 17, 2010 and subsequent DePuy worldwide recall date of August 24, 2010, the statute of limitations for most Georgians affected by this DePuy ASR recall will expire in less than 60-90 days, or as early as July 17, 2012 (if you go by the actual FDA notice date to doctors) or possibly August 24, 2012 (if you go by the actual product recall date). There may be exceptions to these dates for Georgia citizens based on the Discovery Rule, that can in limited circumstances extend the standard 2 year rule if the injured viticm was not aware they had a recalled ASR hip implant and/or that it has caused them injuries.
For this reason, and as denoted in the news story and video:
Richard Schlueter stressed that time is running out for victims to pursue legal claims, stating, “I would encourage anybody that has this device to consult with a lawyer to at least know their options and to make sure they bring a claim before the statute of limitation runs,” he said.
There have been numerous news articles and groundbreaking stories covering the DePuy ASR hip implant recall since 2010, and Consumer Reports recently joined in the cause to promote more awareness of this life altering, and potentially life threatening, problem.
“This particular type of hip was called the ASR XL,” said Consumer Reports’ investigator Nancy Metcalf. “It was made of chrome cobalt metal, but it was never clinically tested before the FDA cleared it to be sold. Because of high failure rates and complications like Dr. Tower experienced, it’s now off the market.”
Childers, Schlueter & Smith, LLC applauds the efforts of Stephany Fisher and CBS Atlanta News for “Asking Tough Questions” to promote more awareness of the growing epidemic of 510(k) medical devices and the recalls affecting thousands of patients and consumers all over the United States.
In addition to viewing the CBS news report, if you are not familiar with the Safe Patient Project, please review their website as soon as possible to learn about how they are working to keep Georgians and Americans safe from untested and dangerous medical devices, such as the recalled DePuy ASR metal-on-metal hip implants:
“Medical device industry lobbyists are working overtime to pressure Congress to preserve weak federal oversight that puts patient lives at risk,” said Lisa McGiffert, Director of Consumers Union’s Safe Patient Project (www.SafePatientProject.org). “We need common sense reforms to assure consumers that these devices are safe and work like they are supposed to.”