The Medtronic InFuse Bone Graft medical device implant has been linked to a series of serious side effects. In reaction many injured victims have sought compensation through the filing of class action and single party lawsuit against the manufacturers of the defective medical devices. Lawsuit have to be filed within the statutorily allotted time period designated by the jurisdiction where the case is to be filed in. Failure to file a claim within the time limit can eliminate a victims right to financial recovery. What if My Time Period has Run Out – Exceptions to Statute of Limitations: In certain instance courts will grant an exception (otherwise known as a tolling of a statute) for individuals who’s time limit for filing a case for monetary compensation has run out. Specific instances where courts have granted a tolling of a statute are as follows.
- Mental of physical incapacitation of the injured party.
- The individual did not know that the medical harm suffered was the result of a medical procedure or implantation of a defectively designed medical product.
- Individual is under the age of 18: Minors are awarded a specific time period after their 18th birthday to file a claim.