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Statute of Limitations for Hernia Mesh Lawsuits

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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.

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?

Law Gavel representing the statue of limitationsA 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.

Statue of Limitation in Different States

S/N Country Years  Description Code
1 Alabama 2 years The statute of limitations for personal injury claims is two years from the date of the injury Ala. Code § 6-2-38
2 Alaska 2 years The statute of limitations for personal injury claims is two years from the date of the injury. Alaska Stat. § 09.10.070
3 Arizona 2 years  The statute of limitations for personal injury claims is two years from the date of the injury.  Ariz. Rev. Stat. § 12-542
4 Arkansas 3 years The statute of limitations for personal injury claims is three years from the date of the injury.  Ark. Code Ann. § 16-56-105
5 California 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  Cal. Civ. Proc. Code § 335.1
7 Connecticut 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  Conn. Gen. Stat. § 52-584
8 Delaware 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  Del. Code Ann. tit. 10, § 8119
9 Florida 4 years The statute of limitations for personal injury claims is four years from the date of the injury.  Fla. Stat. § 95.11
10 Georgia 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  Ga. Code Ann. § 9-3-33
11 Hawaii 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  Haw. Rev. Stat. § 657-7
12 Idaho 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  Idaho Code § 5-219
13 Illinois 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  735 Ill. Comp. Stat. 5/13-202
14 Indiana 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  Ind. Code Ann. § 34-11-2-4
15 Iowa 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  Iowa Code § 614.1
16 Kansas 2 years  The statute of limitations for personal injury claims is two years from the date of the injury.  Kan. Stat. Ann. § 60-513
17 Kentucky 1 year The statute of limitations for personal injury claims is one year from the date of the injury.  Ky. Rev. Stat. Ann. § 413.140
18 Louisiana 1 year The statute of limitations for personal injury claims is one year from the date of the injury.  La. Civ. Code Ann. art. 3492
19  Maine 6 years The statute of limitations for personal injury claims is six years from the date of the injury.  Me. Rev. Stat. Ann. tit. 14, § 752
20 Maryland 3 years The statute of limitations for personal injury claims is three years from the date of the injury.  Md. Code Ann., Cts. & Jud. Proc. § 5-101
21 Massachusetts 3 years The statute of limitations for personal injury claims is three years from the date of the injury.  Mass. Gen. Laws ch. 260, § 2A
22 Michigan 3 years The statute of limitations for personal injury claims is three years from the date of the injury.  Mich. Comp. Laws § 600.5805
23 Minnesota 4 years The statute of limitations for personal injury claims is four years from the date of the injury.  Minn. Stat. § 541.05
24 Mississippi 3 years  The statute of limitations for personal injury claims is three years from the date of the injury.  Miss. Code Ann. § 15-1-49
25 Missouri 5 years The statute of limitations for personal injury claims is five years from the date of the injury.  Mo. Rev. Stat. § 516.120
26 Montana 3 years The statute of limitations for personal injury claims is three years from the date of the injury.  Mont. Code Ann. § 27-2-204
27 Nebraska 4 years The statute of limitations for personal injury claims is four years from the date of the injury.  Neb. Rev. Stat. § 25-207
28 Nevada 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  Nev. Rev. Stat. § 11.190
29 New Hampshire 3 years The statute of limitations for personal injury claims is three years from the date of the injury.  N.H. Rev. Stat. Ann. § 508:4
30 New Jersey 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  N.J. Stat. Ann. § 2A:14-2
31 New Mexico 3 years The statute of limitations for personal injury claims is three years from the date of the injury.  N.M. Stat. Ann. § 37-1-8
32 New York 3 years The statute of limitations for personal injury claims is three years from the date of the injury.  N.Y. Civ. Prac. L. & R. § 214
33 North Carolina 3 years The statute of limitations for personal injury claims is three years from the date of the injury.  N.C. Gen. Stat. § 1-52
34 North Dakota 6 years The statute of limitations for personal injury claims is six years from the date of the injury.  N.D. Cent. Code § 28-01-16
35 Ohio 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  Ohio Rev. Code Ann. § 2305.10
36 Oklahoma 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  Okla. Stat. Ann. Tit. 12, § 95
37 Oregon 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  O.R.S. § 30.905(1-3
38 Pennsylvania 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  42 P.S. § 5524
39 Rhode Island 3 years The statute of limitations for personal injury claims is three years from the date of the injury.  R.I.G.L. § 9-1-14(b)
40 South Carolina 3 years The statute of limitations for personal injury claims is three years from the date of the injury.  S.C. Code Ann. §§ 15-3-530, 5-3-535
41 South Dakota 3 years The statute of limitations for personal injury claims is three years from the date of the injury.  S.D.C.L. § 15-2-12.2
42 Tennessee 1 year The statute of limitations for personal injury claims is one year from the date of the injury.  T.C.A. § 28-3-104
43 Texas 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  Tex. Civ. Prac. & Rem. Code Ann. § 16.003
44 Utah 4 years The statute of limitations for personal injury claims is four years from the date of the injury.  U.C.A. § 78B-6-706
45 Vermont 3 years  The statute of limitations for personal injury claims is three years from the date of the injury.  Vt. Stat. Ann. Tit. 12, § 512(4),(5)
46 Virginia 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  Va. St. § 8.01-243(A)
47 Washington 3 years The statute of limitations for personal injury claims is three years from the date of the injury.  R.C.W.A. § 7.72.060(3)
48 West Virginia 2 years The statute of limitations for personal injury claims is two years from the date of the injury.  W. Va. Code § 55-2-12
49 Wisconsin 3 years The statute of limitations for personal injury claims is three years from the date of the injury.  Wis. Stat. § 893.54
50 Wyoming 4 years  The statute of limitations for personal injury claims is four years from the date of the injury.  Wyo. Stat. § 1-3-105(a)(iv)(C)

What Is the Discovery Rule?

Law gavel representing the discovery rule

The discovery rule is a legal principle that may toll, or suspend, the running of a statute of limitations for all hernia mesh lawsuits.

Under the discovery rule, the time limit for bringing a legal action does not begin to run until the plaintiff discovers or reasonably should have discovered the facts giving rise to the cause of action.

The purpose of the discovery rule is to prevent the statute of limitations from running before the plaintiff has a reasonable opportunity to learn about their potential legal claim.

The discovery rule is often applied in cases involving latent injuries or defects where the damage or defect is not immediately apparent. The plaintiff may not realize they have a claim until some time has passed.

What if the Statute of Limitations Has Passed?

Law LaptopIf the statute of limitations has passed, it generally means that you can no longer file a lawsuit for the specific claim. The statute of limitations is a time within which a lawsuit must be filed, and if you miss the deadline, you may lose the right to seek legal remedies for your claim.

For example, some states have a “discovery rule,” which means that the statute of limitations does not begin to run until the injured party discovers or should have discovered the injury.

In these cases, the statute of limitations may be extended if the injured party did not realize the damage until the statute of limitations had passed.

Other circumstances may pause or toll (stop) the statute of limitations, such as if the person against whom the claim is being brought is out of the country or if the person bringing the claim is a minor.

In these cases, the statute of limitations for hernia mesh lawsuits may be extended until the person returns to the country or until the person turns 18.

If you are considering bringing a legal claim and are unsure whether the statute of limitations has passed, it is essential to speak with an attorney.

An attorney can advise you on the specific deadlines that apply to your case and help you determine whether it is still possible to bring a lawsuit.

It is essential to act promptly in these cases, as waiting too long to get a claim may result in being barred from doing so.

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Have you or a loved one suffered severe pain or injury from a defective medical device?

Who Are the Defendants?

Notebook on defendants

The defendants for hernia mesh implants in a lawsuit involving defective hernia mesh devices or surgical mesh include the manufacturers, distributors, and possibly the sellers.

Some specific examples of defendants that have been named in hernia mesh lawsuits in the past include:

  • Ethicon, Inc.
  • Atrium Medical Corporation
  • Bard Davol, Inc. (a subsidiary of C.R. Bard, Inc.)
  • Covidien, Inc. (now known as Medtronic)
  • Johnson & Johnson
  • Maquet Holding B.V. & Co. K.G. (now known as Getinge Group)

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 may include:

  • Infection 
  • Adhesion (when the mesh sticks to surrounding tissue)
  • Obstruction (when the mesh blocks the intestine or other organs)
  • Perforation (when the mesh punctures the intestine or other organs)
  • Chronic pain 
  • Recurrence of the hernia 
  • Rejection of the mesh by the body 
  • Allergic reactions to the materials used in the mesh.

What Is the Statute of Limitations Deadline for a Hernia Mesh Lawsuit?

Notebook and pen to explain the statute of limitationsThe 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.

If you are considering bringing a hernia mesh lawsuit and are unsure of the deadline for the statute of limitations that applies to your case, it is essential to speak with an attorney as soon as possible.

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 which supports the abdomen and puts pressure on the hernia.

What Long-Term Effects Does Hernia Mesh Have?

The long-term effects of the hernia mesh will differ according to the individual.  The mesh could puncture the abdomen or organs, which could result in serious injury without intervention.

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:

  1. https://www.nolo.com/legal-encyclopedia/suing-for-hernia-mesh-failure-what-if-my-symptoms-didnt-show-up-right-away.HTML 
  2. https://www.consumernotice.org/legal/hernia-mesh-lawsuits/
  3. https://www.google.com/amp/s/www.drugwatcher.org/statute-of-limitations-for-filing-a-hernia-mesh-claim/amp
  4. https://www.forbes.com/advisor/legal/product-liability/hernia-mesh-lawsuit/

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