All personal injury lawsuits have a certain time period in which they can and must be filed. Failure to file a lawsuit within that time period means that the court can dismiss the case.
What is a statute of limitations?
A statute of limitations sets the time period in which a plaintiff must file a lawsuit. The actual time period varies depending on the type of lawsuit being pursued and which state the suit is filed in.
Why have a statute of limitations?
A statute of limitations makes sense. If a significant time period has passed since the original accident or injury, records may have been lost, memories may have faded, and key witnesses may have moved away or died. It may become too complicated for everyone involved to try to litigate an issue that happened years ago.
What are the implications of a statute of limitations?
A prospective plaintiff must file a lawsuit within the stated time period or she risks having her lawsuit dismissed. A person who is contemplating filing a lawsuit has only a short time period to think before she must act. If she does not act timely, she may be barred from recovering any monetary damages to compensate for her injuries.
What is the statute of limitations for a transvaginal mesh case?
This answer is complicated. First of all, it depends on which state you are filing a suit. For example, some states would apply a two year statute of limitations. This period would start to run on the date of the woman’s surgery.
But another element may be at play. Some women who experience complications stemming from surgical repairs made with mesh notice those complications right away. However, many women do not learn that defective mesh caused their pain and symptoms until years after surgery. In these cases, some states might apply the “discovery rule.” The discovery rule tolls the statute of limitations during the period that the woman was unaware of the problem. The limitations period begins to run on the date the woman is first aware that the mesh product could have caused her medical problems.
Do you want to talk to a transvaginal mesh attorney about the applicable statute of limitations for your case?
If so, contact our transvaginal mesh attorneys. Our compassionate team at VB Attorneys, P.L.L.C, offers a free, confidential consultation. Call us today at 877-724-7800, or fill out the secure online form.