Wisconsin has adopted the "discovery rule" for cases in which medical opinion is required to measure when the three-year statute of limitations for a personal injury claim begins to run. This rule applies to defective medical devices. Wisconsin court decisions are clear, that a medical opinion or diagnosis is required to give notice to a patient with an implanted Durom Cup that the Durom Cup was in need of revision because of its failure. Once such a diagnosis or surgical recommendation is made, the 3-year statute of limitations in Wisconsin begins to run.
More than a hunch or lay opinion is necessary to trigger the statute of limitations in a case like this. For patients whose doctors have informed them that in their opinion their Durom Cup is in need of replacement - for any reason, those patients should not delay in consulting a qualified attorney to pursue their claim against Zimmer before their right to bring a claim expires due to the 3-year limitation rule.
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