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.