04/17/2013 // Concord, CA, USA // Vaginal Mesh Website // Joe Motta, JD | Greg Vigna, MD, JD // (press release)
(Vaginal Mesh Implant Lawsuit News) Different states have different statutes of limitations (time limits when a lawsuit must be filed) as they relate to transvaginal mesh implant (TVM) lawsuits. Failure to file a lawsuit within the applicable state’s statute of limitations will, in most cases, prevent recovery for claims related to this defective medical device. Most vaginal mesh attorneys agree the statute of limitations time began to run in TVM cases when the FDA announced in July 2011 that the use of mesh for pelvic organ prolapse introduced risks of health complications unique to the vaginal mesh itself. These include painful sexual intercourse, erosions, incontinence, and pelvic pain.
There is no bright line rule between states regarding the statute of limitations. States like Tennessee, Kentucky and Louisiana only have one year statutes, and it may be tough to find an attorney at this point to take a case in those states because a lawsuit should have likely been filed by July of 2012. In most states there is a two year statute and the deadline to file a lawsuit is July of 2013, which is quickly approaching. There are other states that have four or six year statutes of limitations. These include Arkansas, both Carolina’s, Florida, Maine, Mass., Mich., Minn., Mississippi, Montana, New York, Rhode Island, S. Dakota, Utah, Wash., Wisc., and Wyoming.
Several states also have a “discovery rule”; where the statute of limitations starts from the time a person realizes or “should have” realized they have been injured by another’s negligence. Other states are more rigid and will designate the date of the implantation or the time the mesh implant began causing health concerns as the running of the time limitations. Because there is no bright line rule between the states, it is advisable to seek professional advice sooner than later.
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