Insight into the Complex Structure of Statute of Limitations Across the United States:The time period plaintiff has to sue for harm cause by the use of defective medical devices including contraceptive implantations will be predicated upon the specific jurisdiction where the harm took place. Jurisdictions and the states and territories they serve have different statute of limitation laws. For example a defective Medical Device injury claim in the state of California will have to be filed within two years of the time of the injury. Tolling of the Statute: However Statute of Limitation Laws may not be as simple as you might think, in certain instanced a statute can be tolled (halted) or suspended for a period of months or even years. Below are two examples which may shed light.
- Example One: A patient receives a Mirena IUD implantation in 2002 but does not have medical complications associated with the implantation of the birth control device until 2005. She is told by her medical doctor (gynecologist) that the implanted medical device may be the cause of her injuries. Prior to the injury suffered the client had no prior history or knowledge that the Mirena IUD was the cause of the medical complications she was experiencing. This allows two years from the date of the injury or the date of knowledge that the injury may have been the result of Mirena with which to file a product liability claim.
- Example Two: A Patient is provided with a Mirena IUD device and suffers severe medical complications. She is getting ready to contact an attorney regarding the filing of a possible claim but she is involved in a serious auto accident which leads her to become incapacitated unable to reach out to an attorney. In this instances the statute will be tolled or halted from the time she is left incapacitated until she has recovered. A statute can be tolled or stopped when there is a serious medical impairment. In this case the statute can likely be tolled due to the clients medical or health issues.