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TransVaginal mesh Lawsuits: Statute of Limitations Medical Implant Claims


A common question asked by our clients to our attorneys deals with the length of time they have to file a lawsuit form their injuries. The statute of limitations for personal injury claims and defective product claims vary based on the jurisdiction where the injury took place, the age of the plaintiff and the specific cause of the injury. This page has been written by Mr. Farid Yaghoubtil one of our Medical Device Defect attorneys who is experienced and knowledgeable in Transvaginal mesh Injury Lawsuits and claims.

If you have further questions call Mr. Yaghoubtil at (855) 339-8879

How long do I have to file my case for Transvaginal Mesh 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. Product liability lawsuits must also be filed within 2 years from the date of injury. Below are a few examples of how the statute of limitations work:
Example #1: Client undergoes a Vaginal Mesh Procedure in 2001. In 2011 she experiences serious medical complications from the vaginal mesh implant procedure preformed back in 2001. This allows them 2 years from 2011 to file a lawsuit for their injuries. Even though they underwent the procedure in 2001 the statute won’t begin to run until they have knowledge of the injury.
Example #2: Client undergoes a procedure for a vaginal sling mesh implant in 2009. Shortly after she begin to experience some severe side effects from the vaginal mesh procedure. Before she is able to seek legal representation she suffers a serious injury unrelated to the Vaginal mesh implant. As a result of the injury she has suffered she is unable to seek leis unable to file a clam or seek legal assistance for her injuries until 2011. In such cases the statute will be “tolled”. 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.

Other examples where courts have routinely permitted the a tolling of a statute of limitations are as follows

  • Physical and mental incapacitation of the plaintiff
  • Deceit and fraud on the part of the defendant so that the plaintiff would fail to file a claim in time
  • The injury to the individual did not manifest itself until after the statute to file the claim has run its course

While these are just examples, they help to better understand that statute issue with regards to your claim. If you are thinking of filing a product liability case for injuries sustained from taking a prescription drug, contact our offices free consultation.

Who Can Represent Me In A Transvaginal Mesh Lawsuit – What if I Live In A Different State?

Most defective product cases dealing with defective drugs are handled in Federal Court. Cases handled in Federal Court are not based on jurisdiction. This allows an attorney from California to represent a client any other state in the Nation. In such a case our offices coordinate with you and obtain permission to access necessary medical data in order 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 records, prescriptions, names of doctors and hospitals you have visited for review.

Statute of Limitations for Transvaginal Mesh Injury 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 Drug Case: 2 Years
Colorado
Colorado Statute of Limitations can be found at Colo. Rev. Stat. § 13-80-102 et seq. Defective Drug Case: 2 Years
Connecticut Connecticut Statute of Limitations Conn. Gen. Stat. Ann. § 52-575 et seq. Defective Drug 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. 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 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

Downtown LA Law Group is a Nationwide California based Personal Injury Law Firm dedicated to protecting the rights of individuals who have suffered harm due to the use of defective and dangerous prescription drug medications and medical devices.

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