The tolling agreement for non-revised plaintiffs involves dismissing their case without prejudice; meaning the statute of limitations on their case is postponed until revision surgery occurs. The tolling of the plaintiff's statute of limitations is then extended for one year from the date of their revision. After the revision surgery, plaintiffs may re-file the lawsuit within the tolling period and will not lose any of their rights. A plaintiff must update their registration status to indicate they underwent a revision surgery.
Non-revised plaintiffs who elect not to dismiss their case will be required to prove that they have suffered some type of damage as a result of their recalled hip. Typically, these plaintiffs will fall into the category of individuals who require a revision of their DePuy ASR hip implant but suffer underlying health issues that make revision surgery impossible. Other plaintiffs have significant problems with hip replacements and their surgeon does not want to perform surgery. In these respective cases, plaintiffs can advise the court of their situation and may continue pursuing their case.