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Statute of Limitations Knee Replacement Lawsuit | Zimmer Nexgen Claim


Statute of Limitations Knee Replacement Lawsuit | Zimmer Nexgen ClaimKnee 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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