Tuesday, August 20, 2013

Filing deadlines?

I have read many conflicting opinions on when the statue of limitations runs out.  Each state has their own law. 

  I just saw this press release appear from North Carolina stating the following:

 "... The three-year statute of limitations could possibly be interpreted as ending on August 23, 2013, or three years from August 24, 2010 – the date on which DePuy announced a voluntary recall of the medical device.   A party alleging injury and loss due to the product defect must file a lawsuit within three years after the injury occurred or when a person would have reasonably known about the injury".

I just got an opinion re my own situation and  was told that the date of injury can be the date of revision.  In my case, I had a revision  2 years after the notice for the recall, therefore, my statute of limitations won't run out for another 2 years.

You certainly need to speak with an attorney to discuss your situation but it is clear to me that the event which actually triggers the start of the time line seems to be open for interpretation.


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