Statute of Limitations Knee Replacement Lawsuit | Zimmer Nexgen Claim

Statute of Limitations Knee Replacement Lawsuit | Zimmer Nexgen Claim

Knee replacement surgeries using implants produced by Zimmer including Nexgen models have come under scrutiny from consumer advocates across the country for defects which may result in serious medical complications. A key issues as to whether in individuals is able to receive compensation for their injuries is whether the lawsuit was filed in time within the correct jurisdiction. The statute of limitations in Product Liability causes of action vary based on the jurisdiction where the injury took place. In most jurisdictions the statute of limitations is two years from the date of the injury or the date of the discovery of the injury or date in which the cause of the injury was found.

Tolling of the Statute: There are certain instances where a court will accept a personal injury claim even when it was filed after the Statute of Limitations has run its course. This is referred to as the tolling of a statute. There are only a few causes which will excuse a tolling of a statute by the courts. Two brief examples are provided below.

Example One: The Plaintiff lives and the surgery performed in a state which has a two year Statute of Limitations.  A Client undergoes Zimmer Knee Replacement Surgery in 2007 and begins to experience problems with the implant immediately. In the next month he is told by his doctor that the cause of complications are due to the knee implant which has to be replaced. Before the operation for the removal and replacement of the artificial knee client suffer a serious stroke which leaves home incapacitated. Under these circumstanced the statute will be tolled during the incapacitation of the client.

Example Two: Client undergoes a Knee replacement surgery in 2008. Prior to the surgery he had no knowledge of the risk associated with Knee replacements. This allows the client 2 years from 2008, (or the discovery of the cause of the medical issues) to file a lawsuit for their injuries.

More Information: Zimmer NexGen Lawsuits

List of Statute of Limitations for Various Jurisdictions Across the United States:

Alabama

Alabama Statute of Limitations Ala. Code § 6-2-2 et seq.

Defective Medical Device – Product Liability Lawsuit: 2 Years

Alaska

Alaska Statute of Limitations Alaska Stat. § 09.10.010 et seq.

Defective Medical Device – Product Liability Lawsuit: 2 Years

Arizona

Arizona Statute of Limitations Ariz. Rev. Stat. Ann. § 12-541 et seq.

Defective Medical Device – Product Liability Lawsuit: 2 Years

Arkansas

Arkansas Statute of Limitations Ark. Code Ann. § 16-56-101 et seq.

Defective Medical Device – Product Liability Lawsuit: 3 Years

California

California Statute of Limitations Cal. Civ. Proc. Code § 312 et seq.

Defective Medical Device – Product Liability Lawsuit: 2 Years

Colorado

Colorado Statute of Limitations can be found at Colo. Rev. Stat. § 13-80-102 et seq.

Defective Medical Device – Product Liability Lawsuit: 2 Years

Connecticut

Connecticut Statute of Limitations Conn. Gen. Stat. Ann. § 52-575 et seq.

Defective Medical Device – Product Liability Lawsuit: 2 Years

Washington D.C.

District of Columbia Statute of Limitations D.C. Code § 12-301 et seq.
Product liability 3 Years

Florida

Florida Statute of Limitations Fla. Stat. Ann. § 95.011 et seq.
Product liability 4 Years

Georgia

Georgia Statute of Limitations Ga. Code Ann. § 9-3-20 et seq.

Defective Medical Device – Product Liability Lawsuit: 2 Years

Hawaii

Hawaii Statute of Limitations Haw. Rev. Stat. § 657-1 et seq.
Product liability 2 Years with discovery rule

Idaho

Idaho Statute of Limitations Idaho Code § 5-201 et seq.
Product liability 2 Years

Illinois

Illinois Statute of Limitations 735 Ill. Comp. Stat. 5/13-201 et seq.
Product liability 2 Years

Indiana

Indiana Statute of Limitations Ind. Code Ann. § 34-11-2-1 et seq.
Defective Product 2 Years

Iowa

Iowa Statute of Limitations Iowa Code Ann. § 614.1 et seq.
Product liability 2 Years

Kansas

Kansas Statute of Limitations Kan. Stat. Ann. § 60-501 et seq.
Product liability 2 Years

Kentucky

Kentucky Statute of Limitations Ky. Rev. Stat. Ann. § 413.080 et seq.
Product liability 1 Year with discovery rule

Louisiana

Louisiana Statute of Limitations La. Civil Code § 3492 et seq.
Product Defect 1 Year

Maine

Maine Statute of Limitations Me. Rev. Stat. Ann. tit. 14, § 751 et seq.
Product liability 6 Years

Maryland

Maryland Statute of Limitations Md. Courts & Jud. Proc. Code Ann. § 5-101 et seq.
Product liability 3 Years

Massachusetts

Massachusetts Statute of Limitations Mass. Ann. Laws ch. 260, § 1 et seq.
Defective Product Lawsuit must be filed within 3 Years

Michigan

Michigan Statute of Limitations Mich. Comp. Laws § 600.5801 et seq.
Product liability 3 Years

Minnesota

Minnesota Statute of Limitations Minn. Stat. Ann. § 541.01 et seq.
Product liability 4 Years

Mississippi

Mississippi Statute of Limitations Miss. Code. Ann. § 15-1-1 et seq.
Product liability 2 Year

Missouri

Missouri Statute of Limitations Mo. Rev. Stat. § 516.097 et seq.
Product liability 5 Years

Montana

Montana Statute of Limitations Mont. Code Ann. § 27-2-2021 et seq.
Product liability 3 Years

Nebraska

Nebraska Statute of Limitations Neb. Rev. Stat. § 25-201 et seq.
Product liability 2 Years

Nevada

Nevada Statute of Limitations Nev. Rev. Stat. Ann. § 11.010 et seq.
Product liability 4 Years

New Hampshire

New Hampshire Statute of Limitations N.H. Rev. Stat. Ann. § 508:1 et seq.
Product liability 3 Year

New Jersey

New Jersey Statute of Limitations N.J. Stat. Ann. § 2a:14-1 et seq.
Product liability 2 Years

New Mexico

New Mexico Statute of Limitations N.M. Stat. Ann. § 37-1-1 et seq.
Product liability 3 Years

New York

New York Statute of Limitations N.Y. Civ. Prac. Laws & Rules § 201 et seq.
Product liability 3 Years

North Carolina

North Carolina Statute of Limitations N.C. Gen. Stat. § 1-46 et seq.
Product liability 6 Years

North Dakota

North Dakota Statute of Limitations N.D. Cent. Code § 28-01-01 et seq.
Product Liability claim must be filed within 10 Years

Ohio

Ohio Statute of Limitations Ohio Rev. Code Ann. § 2305.03 et
Product liability 2 Years

Oklahoma

Ohio Statute of Limitations Ohio Rev. Code Ann. § 2305.03 et
Product liability 2 Years

Oregon

Ohio Statute of Limitations Ohio Rev. Code Ann. § 2305.03 et
Product liability 2 Years

Pennsylvania

Pennsylvania Statute of Limitations 42 Pa. Cons. Stat. Ann. § 5501 et seq.
Product liability 2 Years

Rhode Island

Rhode Island Statute of Limitations R. I. Gen. Laws § 9-1-12 et seq.
Product liability 3 Years

South Carolina

South Carolina Statute of Limitations S.C. Code Ann. § 15-3-510 et seq.
Product liability 3 Years

South Dakota

South Dakota Statute of Limitations S.D. Codified Laws Ann. § 15-2-1 et seq.
Product liability 3 Years

Tennessee

Tennessee Statute of Limitations Tenn. Code Ann. § 28-3-101 et seq.
Product liability 1 Year with discovery rule

Texas

Texas Statute of Limitations Tex. Civ. Prac. & Rem. Code § 16.001 et seq.
Product liability 2 Years

Utah

Utah Statute of Limitations Utah Code Ann. § 78-12-22 et seq.
Product liability claim bust be filed within 2 Years

Vermont

Vermont Statute of Limitations Vt. Stat. Ann. tit. 12, § 461 et seq.
Product liability 3 Years

Virginia

Virginia Statute of Limitations Va. Code Ann. § 8.01-228 et seq.
Product liability 2 Years

Washington

Washington Statute of Limitations Wash. Rev. Code Ann. § 4.16.005 et seq.
Product liability 3 Years

West Virginia

West Virginia Statute of Limitations W. Va. Code § 55-2-1 et seq.
Product liability 2 Years

Wisconsin

Wisconsin Statute of Limitations Wis. Stat. Ann. § 893.01 et seq.
Defective Product Claim must be filed within 3 Years

Wyoming

Wyoming Statute of Limitations Wyo. Stat. § 1-3-102 et seq.
Product liability 4 Year

If you have any further question regarding lawsuits for Artificial Knee Replacement side effects contact our Product Liability Law Firm.

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