Many cases involving defective products stem from a mistake or mishap during the manufacturing process. These generally slip by inspectors unaware, an oversight or human error, which can be difficult to process. How can a company miss something so important? Yet it still doesn’t mean manufacturers are not held accountable for their negligent actions.
What makes these types of cases even more difficult to process is when a manufacturer is fully aware of a problem, yet does nothing to correct it or warn the public. This can cause outrage on behalf of victims of the defect. Unfortunately, that is the exact case with Johnson & Johnson, which apparently knew about a defect in metal hip implants they constructed.
It all began in 2010 when DePuy ASR hip implants were found to have a significantly high rate of failure. The manufacturer issued a voluntary recall.
In 2011, Johnson & Johnson conducted its own study on the rate of failure, downplaying the percentage of patients who had experienced negative consequences from an outright malfunction. But that wasn’t the only problem. There were also patients sustaining injuries when metal particles broke down and entered the bloodstream.
Recently, court documents were made public that indicate that Johnson & Johnson knew there was a high rate of failure in these implants within five years of receiving them. Clearly, the company made a distinct choice about what was important: commerce or the customer?
Statute of Limitations in a Defective Product Case
There are time limits when it comes to filing a defective product claim after an injury is sustained. In the state of New York, you have three years from the date of the injury to pursue legal action.
Some states allow for a greater time period, such as North Dakota, with 10 years from the date of purchasing the product. Other states have shorter timeframes, such as New Jersey, with just two years.
These laws can change, however, so it is usually a good idea to consult an attorney about the most current statutes of limitation. Because these types of cases can take a long time to work through, possibly because the defendant tries to wait out the statute, it’s best to consult an attorney as soon as possible. If you think you might have a claim, the law office of Gacovino, Lake & Associates is here to help.
