Statute of Repose in Effect at Time of Surgery Bars Hip Replacement Claims

RALEIGH, N.C. - A North Carolina federal judge has dismissed a hip replacement lawsuit as untimely, ruling that an amended statute of repose did not revive claims that arose when the surgery was performed in 1998. Lackey v. DePuy Orthopaedics Inc., No. 5:10-cv-00030 (W.D. N.C.).

U.S. District Court Judge Richard Voorhees of the Western District of North Carolina ruled on July 14 that claims brought by Randy D. Lackey against DePuy Orthopaedics Inc. were unaffected by the legislature's 2009 decision to extend the statute of repose in product liability cases from six to 12 years.

Judge Voorhees also ruled that …