Your State's Statute of Limitations for Hernia Mesh Lawsuits

Hernia mesh used in hernia repair can cause injuries to patients. When injuries occur, you may be eligible to file a lawsuit for compensation. But timing is everything. Depending on your jurisdiction, you may have only two years to file a lawsuit. For some of you, you may think this is ample time. The problem: before you know it, the days pass, the evidence is lost, and your chances of filing a successful claim become slimmer. It is important to know how long and/or when exactly your time is up to file a lawsuit. We provide a summary of each state's statute of limitations for product liability claims for things like medical device defects.

Hernia mesh2
Depending on your jurisdiction, you may have only two years to file a lawsuit for a hernia mesh incident.

1. What does a statute of limitations mean?

A statute of limitations is a limitation established by the state via legislation on when certain kinds of legal action may be taken. It can pertain to charges for criminal activity, or -- as in this case -- claims and lawsuits for personal injuries. Once the time limit is reached, you are no longer eligible to bring a claim or lawsuit against another party.

Statutes of limitations vary from state to state. It is important to know not only what the time period limiting the claim is, but when the period of time commences. For most states, the clock does not start until the day you discover the injury -- known as the discovery rule. Some states impose statutes of repose, which bars you from filing a claim after the expiration of the time period, even if the cause of action -- like discovery of the injury -- has not yet accrued. In these states, the clock likely starts the day you have surgery and the defective mesh product is implanted.

2. What is your state's statute of limitations for product liability claims?

Each state's statute of limitations vary. Below is a summary of each state's statute of limitations provided only to give you an idea, but not to confirm how long you may or may not have to file a lawsuit. Of course, to be certain of the timing of your lawsuit, it is always best to seek legal counsel.

State

Years

Time Period Starts On

Code

Alabama

2

Date the injury is or should have been discovered.

Ala. Stat. § 6-2-38

Alaska

2

Date the injury is or should have been discovered.

Alaska Stat. § 09.10.070(a)

Arizona

2

Date the injury is or should have been discovered.

 

Arkansas

3

Date the injury is or should have been discovered.

A.C.A. § 16-116-103

California

2

Date the injury is or should have been discovered.

Cal. Civ. Proc. § Code 335.1

Colorado

2

Date the injury is or should have been discovered.

C.R.S. § 13-80-106(1)

Connecticut

3

Date the injury is or should have been discovered.

*10-year statute of repose beginning once the
manufacturer or seller parted with the product.

C.G.S.A. § 52-577(a)

Delaware

2

Date the injury is or should have been discovered.

10 Del. C. § 8119 § 8107

District of Columbia

3

Date the injury is or should have been discovered.

D.C. Code § 12-301

Florida

4

Date the injury is or should have been discovered.

*12-year statute of repose with exceptions.

F.S.A. § 95.11(3)(a),(e),(k)

Georgia

2

Date the injury is or should have been discovered.
*1 year from date of death.
*10-year statute of repose with exceptions.

O.C.G.A. § 9-3-33

Hawaii

2

Date the injury is or should have been discovered.

Haw. Rev. Stat. § 657-7

Idaho

2

Date the injury occurred.
*10-year statute of repose with exceptions.

Idaho Code § 5-219

Illinois

2

Date the injury occurred.
*12-year or 10-year statute of repose beginning
once product is sold or once product is delivered
to first owner, respectively.

735 I.L.C.S. § 5/13-202

Indiana

2

Date the injury occurred.
*10-year statute of repose with exceptions

I.C. § 34-11-2-4

Iowa

2

Date the injury occurred.

I.C.A. § 614.1(2)

Kansas

2

Date the injury occurred.

K.S.A. § 60-513

Kentucky

1

Date the injury occurred.
*5-year or 8-year statute of repose beginning
from sale date or manufacture date, respectively.

K.R.S. § 413.140(1)(a)

Louisiana

1

Date the injury occurred.

L.S.A.-C.C. Art. § 3492

Maine

6

Date the injury occurred.

14 M.R.S.A. § 752

Maryland

3

Date the injury occurred.

Md. Cts. & Jud. Proc. Code § 5-101

Massachusetts

3

Date the injury occurred.

Mass. Ann. Laws Ch. 260 §§ 2A and 4

Michigan

3

Date the injury occurred.

M.C.L.A. § 600.5805

Minnesota

4

Date the injury occurred.

M.S.A. § 541.05 subd.2

Mississippi

3

Date the injury occurred.

M.C.A. § 15-1-49

Missouri

5

Date the injury occurred.

Mo. Rev. Stat § 516.120

Montana

3

Date the injury occurred.

Mont. Stat. § 27-2-202

Nebraska

4

Date on which the injury occurred.
*10-year statute of repose beginning date
product is first sold.

Neb. Rev. Stat § 25-224(1)

Nevada

4

Date the injury occurred.

N.R.S. § 11.190

New Hampshire

3

Date on which the injury occurred.
*12-year statute of repose beginning once the
product is manufactured and sold.

N.H.Rev. Stat. Ann. § 508:4(I)

New Jersey

2

Date the injury occurred.

N.J.S.A. § 2A:14-1

New Mexico

3

Date the injury occurred.

N.M.S.A. § 37-1-8

New York

3

Date the injury occurred.

N.Y.C.P.L.R. § 214, et seq.

North Carolina

3

Date the injury is or should have been discovered.

N.C.G.S.A. § 1-52-(16)

North Dakota

6

Date the injury occurred.
*10-year statute of repose from the date of
the initial purchase or within 11 years of the date of manufacture.

N.D.C.C § 28-01-16(5)

Ohio

2

Date the injury occurred.

O.R.C.A. § 2305.10(A)

Oklahoma

2

Date the injury occurred.

Okla. Stat. Ann. Tit. 12, § 95

Oregon

2

Date the injury occurred.
*10-year statute of repose with exceptions.

O.R.S. § 30.905(1-3)

Pennsylvania

2

Date the injury occurred.

42 P.S. § 5524

Rhode Island

3

Date the injury occurred.

R.I.G.L. § 9-1-14(b)

South Carolina

3

Date the injury occurred.

S.C. Code Ann. §§ 15-3-530, 5-3-535

South Dakota

3

Date the injury occurred.
*6-year statute of repose beginning after purchase.

S.D.C.L. § 15-2-12.2

Tennessee

1

Date the injury occurred.
*10-year statute or repose with exceptions.

T.C.A. § 28-3-104

Texas

2

Date the injury occurred.
*15-year statute of repose.

Tex. Civ. Prac. & Rem. Code Ann. § 16.003

Utah

2

Date the injury occurred.

U.C.A. § 78B-6-706

Vermont

3

Date the injury occurred.

Vt. Stat. Ann. Tit. 12, § 512(4),(5)

Virginia

2

Date the injury occurred.

Va. St. § 8.01-243(A)

Washington

3

Date the injury occurred.
*12-year statute of repose.

R.C.W.A. § 7.72.060(3)

West Virginia

2

Date the injury occurred.

W. Va. Code § 55-2-12

Wisconsin

3

Date the injury occurred.
*15-year statute of repose with exceptions.

Wis. Stat. § 893.54

Wyoming

4

Date the injury occurred.

Wyo. Stat. § 1-3-105(a)(iv)(C)

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3. When should you contact a personal injury lawyer or product liability lawyer about your hernia mesh injuries?

It is always in your best interests to contact an experienced product liability attorney if you believe you have been injured by a medical device, like hernia mesh. The statute of limitations is subject to change and subject to exceptions. They are complex pieces of legislation that can be confusing to someone who is unsure about the language of the statute and any precedent cases that may impact the statute.

If you or a loved one has had injuries subsequent to and directly related to a mesh product used in hernia repair surgery, then contact an experienced personal injury lawyer today. At Shouse Law Group, our team is knowledgeable and aggressive. We fight for our clients' rights and for fair and just compensation. We are accepting hernia mesh claims throughout the United States. As you now know, time is important. Call our office today at 855-396-0370 to learn more.

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