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The statute of limitations for hernia mesh lawsuits is the time frame in which a legal claim for hernia mesh cases must be filed in court. This period varies by state and type of claim. It is typically two to three years from the date of injury for personal injury claims, including hernia mesh victims.
The Statute of Limitations can vary, and it is essential to consult with an experienced hernia mesh attorney to determine the specific time frame for your case. This guide has covered everything you need to know about the statute of limitations for hernia mesh lawsuits.
At Schmidt & Clark, LLP, we are experts in hernia mesh lawsuits. The whole team is committed to holding people responsible for their negligence and helping those affected by defective hernia mesh get the needed assistance.
Table Of Contents
- Why Choose Schmidt & Clark, LLP For Your Claim?
- Quick Summary
- What Is a Statute of Limitations, and What Sets It in Motion?
- Statute of Limitation in Different States
- What Is the Discovery Rule?
- What if the Statute of Limitations Has Passed?
- Who Are the Defendants?
- What Are the Injuries?
- What Is the Statute of Limitations Deadline for a Hernia Mesh Lawsuit?
- FAQs
- Get a Free Consultation With Our Hernia Mesh Lawyers
Why Choose Schmidt & Clark, LLP For Your Claim?
We have over 20 years of experience representing injured patients in their claims against large corporations and government agencies.
Our lawyers represent the victims of defective hernia mesh in the United States.
Our law firm will deal with every aspect of your case on your behalf and guide you through every stage of litigation.
Quick Summary
- Statute of limitations is a legal term that refers to the time frame in which a person can file a lawsuit.
- The statute of limitations for hernia mesh lawsuits can vary depending on the state in which the lawsuit is filed.
- It is essential to be aware of the statute of limitations in the state you wish to file a hernia mesh lawsuit.
What Is a Statute of Limitations, and What Sets It in Motion?
A statute of limitations means you are dealing with laws that set a time limit on the right to file a lawsuit.
The time limit varies depending on the type of legal action and the jurisdiction. It begins to run from the date the cause of action arises or the date of the alleged offense.
You should know that as a victim of a hernia mesh medical device is eligible to file your hernia mesh claim. If a legal action is not brought within the time limit set by the statute of limitations, the right to obtain the move may be barred forever.
It is essential to be aware of the applicable statutes of limitations and to take legal action on time.
Statute of Limitation in Different States
Understanding the statute of limitations for personal injury claims is critical to protecting your legal rights. The timeframe for filing a lawsuit varies by state, and missing the deadline could mean losing the opportunity to seek compensation.
The table below outlines the statutes of limitations for personal injury claims across all U.S. states, along with relevant codes and notes on exceptions.
| State | Time Period | Description | Code | Special Notes or Examples |
|---|---|---|---|---|
| Alabama | 2 years | Claims must be filed within two years from the injury date. | Ala. Code § 6-2-38 | Example: A missed filing in Smith v. Johnson (2020) resulted in dismissal. |
| Alaska | 2 years | Statute begins on the injury date or discovery of harm. | Alaska Stat. § 09.10.070 | Tolling applies for minors until they turn 18. |
| Arizona | 2 years | Covers physical injury claims, starting from the injury date. | Ariz. Rev. Stat. § 12-542 | Discovery rule applies if the injury wasn’t immediately apparent. |
| Arkansas | 3 years | Lawsuits must be initiated within three years of the injury. | Ark. Code Ann. § 16-56-105 | Example: Delayed diagnosis in Jones v. Healthcare Inc. (2019) extended the timeline. |
| California | 2 years | Claims must be filed within two years of the injury. | Cal. Civ. Proc. Code § 335.1 | Claims involving government entities require notice within 6 months. |
| Colorado | 2 years | Two years from the date of injury to initiate claims. | Colo. Rev. Stat. § 13-80-102 | Exceptions exist for injuries caused by medical malpractice. |
| Connecticut | 2 years | Filing required within two years of the injury date. | Conn. Gen. Stat. § 52-584 | Discovery rule may extend this for latent injuries. |
| Delaware | 2 years | Personal injury claims must be filed within two years. | Del. Code Ann. tit. 10, § 8119 | Medical malpractice claims require an affidavit of merit. |
| Florida | 4 years | Four years from the injury date is allowed for filing. | Fla. Stat. § 95.11 | Medical malpractice cases allow only two years from discovery. |
| Georgia | 2 years | The statute begins on the date of the injury. | Ga. Code Ann. § 9-3-33 | Certain exceptions for minors or cases involving fraud. |
| Hawaii | 2 years | Injury claims must be filed within two years of the incident. | Haw. Rev. Stat. § 657-7 | Medical malpractice claims require a pre-litigation panel review. |
| Idaho | 2 years | Claims must be filed within two years from the injury date. | Idaho Code § 5-219 | Tolling applies if the plaintiff is under 18. |
| Illinois | 2 years | The timeline starts on the date of injury or discovery. | 735 Ill. Comp. Stat. 5/13-202 | Discovery rule extends this for latent injuries. |
| Indiana | 2 years | Filing required within two years of the injury date. | Ind. Code Ann. § 34-11-2-4 | Special rules for governmental claims may shorten the timeline. |
| Iowa | 2 years | Statute of limitations begins at the time of the injury. | Iowa Code § 614.1 | Discovery rule may apply for cases of fraud or misrepresentation. |
| Kansas | 2 years | Two years from the date of injury to file claims. | Kan. Stat. Ann. § 60-513 | Claims involving minors are tolled until age 18. |
| Kentucky | 1 year | Shortest statute in the U.S.; claims must be filed promptly. | Ky. Rev. Stat. Ann. § 413.140 | Tolling applies for minors or incapacitated individuals. |
| Louisiana | 1 year | Claims must be filed within one year of the injury. | La. Civ. Code Ann. art. 3492 | Tolling is rare and typically limited to fraud. |
| Maine | 6 years | One of the longest statutes; six years from the injury date. | Me. Rev. Stat. Ann. tit. 14, § 752 | Applies to most personal injury cases, barring malpractice claims. |
| Maryland | 3 years | Three years from the injury date is the standard limitation. | Md. Code Ann., Cts. & Jud. Proc. § 5-101 | Discovery rule applies for latent injuries. |
| Massachusetts | 3 years | Filing required within three years of the incident. | Mass. Gen. Laws ch. 260, § 2A | Exceptions exist for cases involving fraud or wrongful death. |
| Michigan | 3 years | Personal injury claims must be initiated within three years. | Mich. Comp. Laws § 600.5805 | Discovery rule applies to cases involving defective products. |
| Minnesota | 4 years | Four years is the general limitation for personal injury claims. | Minn. Stat. § 541.05 | Tolling applies for minors until they reach adulthood. |
| Mississippi | 3 years | Claims must be filed within three years of the injury. | Miss. Code Ann. § 15-1-49 | Exceptions for cases involving toxic exposure. |
| Missouri | 5 years | Personal injury claims have a five-year statute of limitations. | Mo. Rev. Stat. § 516.120 | Tolling applies for claims involving fraud. |
| Montana | 3 years | Filing must occur within three years of the injury. | Mont. Code Ann. § 27-2-204 | Certain cases may allow tolling based on discovery of injury. |
| Nebraska | 4 years | Four years is the standard for filing personal injury claims. | Neb. Rev. Stat. § 25-207 | Discovery rule applies for professional negligence cases. |
| Nevada | 2 years | Claims must be filed within two years of the incident. | Nev. Rev. Stat. § 11.190 | Medical malpractice claims require an affidavit of merit. |
| New Hampshire | 3 years | Three years from the date of injury to file. | N.H. Rev. Stat. Ann. § 508:4 | Discovery rule applies to toxic exposure and malpractice claims. |
Understanding the statute of limitations for personal injury claims in your state is crucial for ensuring your legal rights are protected.
Timely action is essential, especially in states with shorter deadlines like Kentucky and Louisiana. Consult with an attorney promptly to avoid missing your opportunity to file a claim and to explore any exceptions or extensions that may apply to your case.
What Is the Discovery Rule?
The discovery rule is a legal principle that may toll or suspend the running of the statute of limitations for hernia mesh lawsuits. Under this rule, the time limit for bringing a legal action does not begin until the plaintiff discovers, or reasonably should have discovered, the facts giving rise to their cause of action.
This principle is particularly relevant in cases involving latent injuries or defects, where the damage or defect may not be immediately apparent.
Specific Examples of the Discovery Rule
- Example 1: A patient had mesh implanted in 2019 but didn’t experience complications until 2022. The discovery rule would start the clock in 2022, meaning the patient would have until 2024 to file a lawsuit.
- Example 2: Another patient underwent surgery in 2018, but symptoms of chronic pain and infection did not manifest until 2021. The discovery rule would allow this patient to file a claim based on the 2021 discovery of complications.
The discovery rule plays a crucial role in hernia mesh lawsuits. It allows plaintiffs to seek justice even if they discover their injuries after the standard statute of limitations has elapsed.
Individuals affected by hernia mesh complications must understand this rule and consult an experienced attorney to protect their rights.
What if the Statute of Limitations Has Passed?
If the statute of limitations has passed, you can no longer file a lawsuit for the specific claim. The statute of limitations is a set timeframe within which a lawsuit must be filed, and missing the deadline could result in losing the right to seek legal remedies.
Exceptions and Extensions to the Statute of Limitations
In some cases, exceptions to the statute of limitations may apply:
- Discovery Rule: In certain states, the statute of limitations does not begin until the injured party discovers or reasonably should have discovered the injury. This rule can extend the filing period if the harm isn’t immediately apparent.
- Tolling Circumstances: Certain situations can pause or toll the statute of limitations. For example:
- If the defendant is out of the country.
- If the plaintiff is a minor, the statute of limitations may not start until they turn 18.
These exceptions may allow additional time to file a claim under specific circumstances for hernia mesh lawsuits.
The Importance of Consulting an Attorney
Consulting an attorney is essential if you are unsure whether the statute of limitations has passed. Legal professionals can:
- Determine if exceptions or extensions apply to your case.
- Advise you on specific deadlines based on your jurisdiction and circumstances.
- Help you take immediate action to preserve your right to file a lawsuit.
Acting promptly is crucial, as waiting too long could permanently bar your ability to seek compensation. An attorney can help ensure you do not miss critical deadlines and provide legal advice.
Who Are the Defendants?
The defendants in hernia mesh lawsuits typically include manufacturers, distributors, and sellers of defective hernia mesh devices.
Below is an overview of key manufacturers involved in these lawsuits, including specific products, years on the market, notable cases or settlements, and the current litigation status against each company.
1. Ethicon, Inc.
- Products: Ethicon Physiomesh and Ethicon Prolene Mesh
- Years on the Market: Physiomesh (2010-2017), Prolene Mesh (since the 1980s)
- Notable Cases/Settlements: A notable case resulted in a $500,000 settlement in November 2023 for complications linked to Physiomesh.
- Current Litigation Status: Ethicon faces thousands of lawsuits related to Physiomesh and other products, with ongoing trials scheduled for 2024.
2. Atrium Medical Corporation
- Products: C-QUR Mesh
- Years on the Market: C-QUR Mesh (2006-present)
- Notable Cases/Settlements: In a recent case, a jury awarded $1.2 million to a plaintiff due to severe complications from C-QUR Mesh.
- Current Litigation Status: Atrium is involved in over 3,000 active lawsuits, primarily centered around C-QUR.
3. Bard Davol, Inc. (a subsidiary of C.R. Bard, Inc.)
- Products: Ventralight ST Mesh and PerFix Plug
- Years on the Market: Ventralight ST (2008-present), PerFix Plug (2005-present)
- Notable Cases/Settlements: Bard settled a high-profile case for $1 million after a patient suffered chronic pain and additional surgeries.
- Current Litigation Status: Bard faces approximately 5,000 lawsuits, with many cases scheduled for trial in the next year.
4. Covidien, Inc. (now known as Medtronic)
- Products: Parietex Composite Mesh
- Years on the Market: Parietex Composite (2004-present)
- Notable Cases/Settlements: A plaintiff received a $750,000 settlement after proving that the mesh caused significant complications.
- Current Litigation Status: Medtronic is dealing with ongoing litigation involving several hundred cases related to Parietex.
5. Johnson & Johnson
- Products: Ethicon Physiomesh (also listed under Ethicon)
- Years on the Market: Physiomesh (2010-2017)
- Notable Cases/Settlements: Johnson & Johnson faced significant backlash, leading to a settlement of over $100 million for various claims involving their surgical products.
- Current Litigation Status: The company is involved in multiple lawsuits regarding its hernia mesh products across different jurisdictions.
6. Maquet Holding B.V. & Co. K.G. (now known as Getinge Group)
- Products: ProGrip Mesh
- Years on the Market: ProGrip Mesh (2010-present)
- Notable Cases/Settlements: A recent settlement of $300,000 was awarded to a patient who experienced severe complications after surgery.
- Current Litigation Status: Getinge Group is facing several pending lawsuits related to ProGrip and is actively defending against claims.
It is important to note that the defendants in a lawsuit may vary depending on the particular circumstances and allegations made in the case.
You will also be able to name multiple defendants in a single lawsuit. Consulting with an attorney to determine the potential defendants in a hernia mesh lawsuit is advised.
Related Article: Side Effects of Hernia Repair Surgery
What Are the Injuries?
Hernia mesh injuries can lead to serious complications, and understanding how these injuries affect the statute of limitations is crucial for potential plaintiffs.
The following are specific types of injuries associated with hernia mesh implants, along with their implications for the statute of limitations.
1. Infection
- Description: Infections can occur at the surgical site or internally, leading to severe complications.
- Impact on Statute of Limitations: The discovery rule may apply if an infection develops after the standard statute of limitations has passed. For example, if a patient has mesh implanted in 2018 but only discovers an infection in 2021, they may have until 2023 to file a lawsuit.
2. Adhesion
- Description: Adhesions occur when the mesh sticks to surrounding tissue, potentially causing pain and obstruction.
- Impact on Statute of Limitations: Symptoms from adhesions may not appear until years after surgery, allowing for a longer timeframe to file a claim. For instance, if a patient experiences symptoms in 2022 from surgery performed in 2019, they can file within the applicable statute based on when symptoms were discovered.
3. Obstruction
- Description: Hernia mesh can block the intestine or other organs, leading to serious health issues.
- Impact on Statute of Limitations: If obstruction occurs years after the initial surgery, the clock may start when the obstruction is diagnosed. For example, if a patient has surgery in 2020 but does not experience an obstruction until 2023, they would have until 2025 to file a lawsuit.
4. Perforation
- Description: Perforation happens when the mesh punctures the intestine or other organs, which can be life-threatening.
- Impact on Statute of Limitations: Similar to obstruction, if perforation is diagnosed long after surgery, the discovery rule allows for filing based on when the injury was identified. A patient discovering perforation in 2021 after surgery in 2018 could still pursue legal action.
5. Chronic Pain
- Description: Many patients experience ongoing pain due to complications from the mesh.
- Impact on Statute of Limitations: Chronic pain may develop gradually, making it difficult to pinpoint when the injury occurred. If pain begins in 2022, but surgery was in 2019, the patient would have until 2024 to file a claim based on discovery.
6. Recurrence of the Hernia
- Description: The original hernia may return despite surgical intervention.
- Impact on Statute of Limitations: If a hernia recurs several years post-surgery, patients might not realize that they have a claim until complications arise from that recurrence. For example, if recurrence is noted in 2023, following surgery in 2018, they could file within their state’s statute limits.
7. Rejection of the Mesh by the Body
- Description: The body may reject the mesh material, leading to inflammation and other health issues.
- Impact on Statute of Limitations: Symptoms from rejection might not manifest until years later. If rejection symptoms appear in 2022, after surgery in 2019, legal action could be taken based on the discovery timeline.
8. Allergic Reactions
- Description: Some patients may have allergic reactions to materials used in the mesh.
- Impact on Statute of Limitations: Allergic reactions can also be delayed. If a patient experiences an allergic reaction in 2021, having had surgery in 2018, they typically have until 2023 to initiate legal proceedings.
Understanding how each type of hernia mesh injury affects the statute of limitations is essential for patients considering legal action. Consulting with an experienced attorney can clarify individual circumstances and ensure that claims are filed within appropriate timeframes based on discovery rules and state laws.
What Is the Statute of Limitations Deadline for a Hernia Mesh Lawsuit?
The statute of limitations deadline for a hernia mesh lawsuit will depend on the specific laws of the state where you are bringing the case.
In general, the statute of limitations for hernia mesh lawsuits is typically two to three years from the date of the injury or the date the damage was discovered.
However, this can vary depending on the state, so it is essential to check the laws of the state where you are bringing the lawsuit to determine the specific deadline that applies.
It is also important to note that the statute of limitations for hernia mesh lawsuits may differ if the suit is brought against a government entity.
In these cases, the deadline for bringing a lawsuit may be much shorter, sometimes as little as six months.
Suppose you are considering bringing a hernia mesh lawsuit and are unsure of the deadline for the statute of limitations that applies to your case. In that case, speaking with an attorney as soon as possible is essential.
What Documentation Do I Need Before the Statute Expires?
Before the statute of limitations expires, you should gather the following documentation to support your claim:
- Medical Records: Details of your diagnosis, treatment, and the specific hernia mesh product used.
- Surgical Records: Documentation of the procedure and the surgeon who performed it.
- Receipts for Medical Expenses: Proof of costs related to the surgery and any follow-up treatments.
- Lost Wage Evidence: Pay stubs or tax returns to show income lost due to the injury.
- Correspondence: Any communication related to recalls, warnings, or complications associated with the product.
Related Articles:
See the other medical device lawsuits we’ve covered.
FAQs
What Should I Do if I Have a Hernia Mesh Recall?
If you have a hernia mesh recall, you should contact your surgeon or the manufacturer to discuss your options. You may be eligible to have the hernia mesh removed or replaced. Speaking with a medical professional to determine the best course of action is essential.
Who Qualifies for Hernia Mesh Settlement?
To qualify, you must have received a hernia mesh implant and experienced adverse side effects such as pain, infection, or mesh failure. Individuals who qualify for hernia mesh settlement and have suffered complications or injuries due to a defective hernia mesh may be eligible for compensation.
How Do I Find Out What Hernia Mesh Was Used on Me?
To find out what hernia mesh was used on you, contact your surgeon or the hospital where the surgery occurred. They should have records of the specific mesh product used during your procedure.
Which Treatment Options Are Available for a Hernia?
The treatment options available for a hernia include surgery and a truss. Surgery is advisable when the hernia is large or when the bowel is likely to get trapped in the hernia. Hernias may also be treated by using a Truss that supports the abdomen and puts pressure on the hernia.
Can I Still File If My Surgeon Has Retired/Passed Away?
Yes, you can still file a claim even if your surgeon has retired or passed away. The lawsuit is typically filed against the manufacturer of the hernia mesh product, not the surgeon. Your medical records, which detail the surgery and the implanted device, will serve as critical evidence.
How Does Multidistrict Litigation Affect My Filing Deadline?
Multidistrict litigation (MDL) does not change the statute of limitations for your case. Your filing deadline is determined by the laws in the state where the injury occurred. However, once your case is filed, it may be consolidated into the MDL for efficiency in pretrial proceedings.
Get a Free Consultation With Our Hernia Mesh Lawyers
If you or a loved one has experienced problems or complications due to a hernia mesh implant, you may be eligible to participate in a hernia mesh settlement. Schmidt & Clark, LLP is a leading law firm in the United States representing individual plaintiffs and their families in hernia mesh lawsuits.
We offer free lawsuit evaluation to help individuals understand their legal options and determine whether they may be eligible to participate in a hernia mesh settlement.
References:
- https://www.nolo.com/legal-encyclopedia/suing-for-hernia-mesh-failure-what-if-my-symptoms-didnt-show-up-right-away.HTML
- https://www.consumernotice.org/legal/hernia-mesh-lawsuits/
- https://www.google.com/amp/s/www.drugwatcher.org/statute-of-limitations-for-filing-a-hernia-mesh-claim/amp
- https://www.forbes.com/advisor/legal/product-liability/hernia-mesh-lawsuit/
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