An important question in any defective medical device claim is the length of time a victim has to file a claim against the products manufacturers. Generally the law provides a certain time period in which an injured party is able to bring a cause of action for monetary compensation for the losses suffered. Otherwise referred to as a Statute of Limitations, different jurisdictions provide varying time lines. Jurisdiction will usually be based on the location where the injury took place. Other factor may include, the age of the plaintiff, specific cause of the injury, and incapacitation of the victims. This page has been written by Mr. Farid Yaghoubtil one of our Medical Device Defect attorneys who is experienced and knowledgeable in Depuy ASR hip replacement claims. What if I live in a different state? Most defective product cases dealing with hip replacement injuries are handled in Federal Court. Cases handled in Federal Court are not based on a specific jurisdiction. Thus, this allows an attorney in New York or Texas to represent a client in any other Arizona or Indiana. In such a case your offices coordinate with you and obtain permission to access necessary medical data to evaluate and analyze  your case. After analyzing the facts and details pertaining to your case, we will file with the proper Federal Court and begin pursuing your case. It is important that you keep all medical data, prescriptions, names of doctors and hospitals you have visited for review. How long do I have to file my case for DePuy Mesh Hip Implant Injuries? Depending on the state or jurisdiction in which you reside the time limitations can be different. If you are filing a accidental injury cause of action will generally have 2 years from the date of injury to file a lawsuit in the state of California.  Defective Medical Device claims must also be filed within 2 years from the date of injury.

Statute of Limitations for Product Liability and Medical Device Claim in all 50 States:

Alabama Alabama Statute of Limitations Ala. Code § 6-2-2 et seq. Defective Drug Case: 2 Years Alaska Alaska Statute of Limitations Alaska Stat. § 09.10.010 et seq. Defective Drug Case: 2 Years Arizona Arizona Statute of Limitations Ariz. Rev. Stat. Ann. § 12-541 et seq. Defective Drug Case: 2 Years Arkansas Arkansas Statute of Limitations Ark. Code Ann. § 16-56-101 et seq. Defective Drug Case: 3 Years California California Statute of Limitations Cal. Civ. Proc. Code § 312 et seq. Defective Medical Implant Case: 2 Years Colorado Colorado Statute of Limitations can be found at Colo. Rev. Stat. § 13-80-102 et seq. Defective Products: 2 Years Connecticut Connecticut Statute of Limitations Conn. Gen. Stat. Ann. § 52-575 et seq. Defective Medical Implant Case: 2 Years Washington D.C. District of Columbia Statute of Limitations D.C. Code § 12-301 et seq. Products Liability 3 Years Florida Florida Statute of Limitations Fla. Stat. Ann. § 95.011 et seq. Products Liability 4 Years Georgia Georgia Statute of Limitations Ga. Code Ann. § 9-3-20 et seq. Defective Drug Case: 2 Years Hawaii Hawaii Statute of Limitations Haw. Rev. Stat. § 657-1 et seq. Products Liability 2 Years with discovery rule Idaho Idaho Statute of Limitations Idaho Code § 5-201 et seq. Products Liability 2 Years Illinois Illinois Statute of Limitations 735 Ill. Comp. Stat. 5/13-201 et seq. Products Liability 2 Years Indiana Indiana Statute of Limitations Ind. Code Ann. § 34-11-2-1 et seq. Products Liability 2 Years Iowa Iowa Statute of Limitations Iowa Code Ann. § 614.1 et seq. Products Liability 2 Years Kansas Kansas Statute of Limitations Kan. Stat. Ann. § 60-501 et seq. Products Liability 2 Years Kentucky Kentucky Statute of Limitations Ky. Rev. Stat. Ann. § 413.080 et seq. Products Liability 1 Year with discovery rule Louisiana Louisiana Statute of Limitations La. Civil Code § 3492 et seq. Medical Implant and Products Liability 1 Year Maine Maine Statute of Limitations Me. Rev. Stat. Ann. tit. 14, § 751 et seq. Products Liability 6 Years Maryland Maryland Statute of Limitations Md. Courts & Jud. Proc. Code Ann. § 5-101 et seq. Products Liability 3 Years Massachusetts Massachusetts Statute of Limitations Mass. Ann. Laws ch. 260, § 1 et seq. Products Liability 3 Years Michigan Michigan Statute of Limitations Mich. Comp. Laws § 600.5801 et seq. Products Liability 3 Years Minnesota Minnesota Statute of Limitations Minn. Stat. Ann. § 541.01 et seq. Products Liability Medical Supply Implant Defects: 4 Years Mississippi Mississippi Statute of Limitations Miss. Code. Ann. § 15-1-1 et seq. Products Liability 2 Year Missouri Missouri Statute of Limitations Mo. Rev. Stat. § 516.097 et seq. Products Liability 5 Years Montana Montana Statute of Limitations Mont. Code Ann. § 27-2-2021 et seq. Products Liability 3 Years Nebraska Nebraska Statute of Limitations Neb. Rev. Stat. § 25-201 et seq. Products Liability 2 Years Nevada Nevada Statute of Limitations Nev. Rev. Stat. Ann. § 11.010 et seq. Products Liability 4 Years New Hampshire New Hampshire Statute of Limitations N.H. Rev. Stat. Ann. § 508:1 et seq. Products Liability 3 Year New Jersey New Jersey Statute of Limitations N.J. Stat. Ann. § 2a:14-1 et seq. Products Liability 2 Years New Mexico New Mexico Statute of Limitations N.M. Stat. Ann. § 37-1-1 et seq. Products Liability 3 Years New York New York Statute of Limitations N.Y. Civ. Prac. Laws & Rules § 201 et seq. Products Liability 3 Years North Carolina North Carolina Statute of Limitations N.C. Gen. Stat. § 1-46 et seq. Products Liability 6 Years North Dakota North Dakota Statute of Limitations N.D. Cent. Code § 28-01-01 et seq. Products Liability 10 Years Ohio Ohio Statute of Limitations Ohio Rev. Code Ann. § 2305.03 et Products Liability 2 Years Oklahoma Ohio Statute of Limitations Ohio Rev. Code Ann. § 2305.03 et Products Liability 2 Years Oregon Ohio Statute of Limitations Ohio Rev. Code Ann. § 2305.03 et Products Liability 2 Years Pennsylvania Pennsylvania Statute of Limitations 42 Pa. Cons. Stat. Ann. § 5501 et seq. Products Liability 2 Years Rhode Island Rhode Island Statute of Limitations R. I. Gen. Laws § 9-1-12 et seq. Products Liability 3 Years South Carolina South Carolina Statute of Limitations S.C. Code Ann. § 15-3-510 et seq. Products Liability 3 Years South Dakota South Dakota Statute of Limitations S.D. Codified Laws Ann. § 15-2-1 et seq. Products Liability 3 Years Tennessee Tennessee Statute of Limitations Tenn. Code Ann. § 28-3-101 et seq. Products Liability 1 Year with discovery rule Texas Texas Statute of Limitations Tex. Civ. Prac. & Rem. Code § 16.001 et seq. Products Liability 2 Years Utah Utah Statute of Limitations Utah Code Ann. § 78-12-22 et seq. Products Liability 2 Years Vermont Vermont Statute of Limitations Vt. Stat. Ann. tit. 12, § 461 et seq. Products Liability 3 Years Virginia Virginia Statute of Limitations Va. Code Ann. § 8.01-228 et seq. Products Liability 2 Years Washington Washington Statute of Limitations Wash. Rev. Code Ann. § 4.16.005 et seq. Products Liability 3 Years West Virginia West Virginia Statute of Limitations W. Va. Code § 55-2-1 et seq. Products Liability 2 Years Wisconsin Wisconsin Statute of Limitations Wis. Stat. Ann. § 893.01 et seq. Products Liability 3 Years Wyoming Wyoming Statute of Limitations Wyo. Stat. § 1-3-102 et seq. Products Liability 4 Year

Exceptions to Statute of Limitations – Tolling of the Statute

Example #1: Client undergoes a Deputy Hip Implant Procedure in 2006. In January 2012 she experiences serious medical complications from the metal on metal hip implant. Under this fact patter the statute of limitations is tolled until the time of the discovery of her injuries. Thus she will have two years from January 2012 to file her claim. Example #2: Client undergoes a DePuy Hip Implant procedure in 2009. A few weeks after the implant the patient began to experience some severe side effects. Before she is able to seek legal representation the patient is struck by a motorcycle while walking and sustained serious injuries leaving her unable to seek out an attorney for his DePuy claim. In such cases the statute will be again be “tolled”. A statute can be tolled or stopped when there is a serious medical impairment or incapacitation,.  In this case the statute can likely be tolled due to the clients medical or health issues. If you have any other Questions contact our Law Firm (855)385-2529: Downtown LA Law Group is a Nationwide Law Firm dedicated to protecting the rights of individuals who have suffered harm due to that taking of defective and dangerous prescription drug medication.