The statute of limitations to sue an IVC filter medical manufacture for negligence or products liability varies by state. On average, the IVC filter statute of limitations is two (2) years after the plaintiff discovered the IVC filter injury or the IVC filter removal injury.
If you sustained injuries from any type of IVC filter, you could be eligible to sue the medical manufacturer (such as Bard, Cook, or Boston Scientific). But you must consult an attorney right away before the IVC filter lawsuit statute of limitations has passed. Learn more about the deadline to bring IVC filter lawsuits below:
- 1. Definition
- 2. When the clock starts running
- 3. Personal injury (by state)
- 4. Strict product liability (by state)
- 5. Get help now
1. Legal definition of statute of limitations
A statute of limitations is a deadline by which a person may take legal action, such as bringing a personal injury lawsuit for a defective IVC filter. The length of a statute of limitation is determined by:
- the state where the lawsuit is being brought, and
- the type of claims the plaintiff is bringing
The purpose of having a deadline to sue is to motivate people to handle their legal matters as quickly as possible. This way memories are still fresh, and evidence may be readily available.
Then when a statute of limitations for a particular claim has run, people are barred from bringing a lawsuit on that claim at all. But note that there are situations where the statute of limitations gets “tolled” (postponed); this typically happens when the potential plaintiff is unable to bring a lawsuit (such as by being in a coma).
2. When statutes of limitations begin running
When a statute of limitation begins running depends on the state. In most jurisdiction, the IVC filter statute of limitations begins running once the plaintiff discovers his/her injury. But not always.
Depending on state law, the statute of limitation in IVC filter cases may instead be triggered when:
- when the plaintiff experiences symptoms from the injury
- when the plaintiff should have known that the IVC filter caused his/her injuries;
- when the plaintiff was diagnosed for the injury; or
- when the plaintiff had corrective surgery
Some states even have a “statute of repose,” which means that the clock starts running on the day of the injurious incident — such as an IVC filter implantation. In these states, it makes no difference when the plaintiffs discovered their injury. If they unluckily discover their injury after the statute of repose has passed, they may be barred from suing.
3. Personal injury statute of limitations by state
Personal injury cases typically involve the plaintiff suing the defendant for negligence: Negligence is when when the defendant (such as the IVC filter medical manufacturer) breached its duty of care towards the plaintiff (victim) and caused the plaintiff’s injuries.
The IVC filter lawsuit statute of limitations for negligence varies by state:
| State | Statute of Limitations for Personal Injury claim |
| Alabama Ala. Stat. § 6-2-38 | 2 years after the date the injury is or should have been discovered. |
| Alaska | 2 years after the date the injury is or should have been discovered. |
| Arizona | 2 years after the date the injury is or should have been discovered. |
| Arkansas | 3 years after the date the injury is or should have been discovered (2 years for medical malpractice). |
| California | 2 years after the date the injury is or should have been discovered. |
| Colorado | 2 years after the date the injury is or should have been discovered (3 years if motor vehicles are involved). |
| Connecticut | 2 years after the date the injury is or should have been discovered. |
| Delaware | 2 years after the date the injury is or should have been discovered (3 years if not discoverable in 2 years). |
| District of Columbia | 3 years after the date the injury is or should have been discovered. 1 year after death for wrongful death claims. |
| Florida | 4 years after the date the injury is or should have been discovered. |
| Georgia O.C.G.A. § 9-3-33 | 2 years after the date the injury is or should have been discovered. |
| Hawaii | 2 years after the date the injury is or should have been discovered. |
| Idaho | 2 years after the date the injury occurred. |
| Illinois | 2 years after the date the injury occurred. |
| Indiana | 2 years after the date the injury occurred. |
| Iowa | 2 years after the date the injury occurred. |
| Kansas | 2 years after the date the injury occurred. |
| Kentucky | 1 year after the date the injury occurred (2 years if motor vehicles are involved). |
| Louisiana | 1 year after the date the injury occurred. |
| Maine | 6 years after the date the injury occurred. |
| Maryland | 3 years after the date the injury occurred. |
| Massachusetts | 3 years after the date the injury occurred. |
| Michigan M.C.L.A. § 600.5805 | 3 years after the date the injury occurred. |
| Minnesota | 6 years after the date the injury occurred for negligence claims. 4 years after the date the injury occurred for medical malpractice claims. 3 years after death for wrongful death claims. |
| Mississippi | 3 years after the date the injury occurred. |
| Missouri | 5 years after the date the injury occurred. 2 years after the date of injury occurred for medical malpractice claims. 3 years after death for wrongful death claims. |
| Montana | 3 years after the date the injury occurred. |
| Nebraska | 4 years after the date on which the injury occurred. 2 years from date of injury for medical malpractice, or 1 year after the injury was discovered. 2 years after death for wrongful death claims. |
| Nevada | 2 years after the date the injury occurred. 3 years from date of injury for medical malpractice claims, or 1 year after the injury was discovered. |
| New Hampshire | 3 years after the date on which the injury occurred. |
| New Jersey N.J.S.A. § 2A:14-1 | 2 years after the date the injury occurred. |
| New Mexico | 3 years after the date the injury occurred. |
| New York | 3 years after the date the injury occurred. 2 years and 6 months after date of injury occurred for medical malpractice claims. 2 years after death for wrongful death claims. |
| North Carolina | 3 years after the date the injury is or should have been discovered. |
| North Dakota N.D.C.C § 28-01-16(5) | 6 years after the date the injury occurred. 2 years from date of injury for medical malpractice claims, or possibly 6 years after the injury was discovered. 2 years after death for wrongful death claims. |
| Ohio | 2 years after the date the injury occurred. 1 year after the date the injury occurred for medical malpractice claims. |
| Oklahoma | 2 years after the date the injury occurred. |
| Oregon | 2 years after the date the injury occurred. 3 years after death for wrongful death claims. |
| Pennsylvania | 2 years after the date the injury occurred. |
| Rhode Island | 3 years after the date the injury occurred. |
| South Carolina | 3 years after the date the injury occurred. |
| South Dakota S.D.C.L. § 15-2-14.3 | 3 years after the date the injury occurred. 2 years after the date the injury occurred for medical malpractice claims. |
| Tennessee | 1 years after the date the injury occurred. |
| Texas | 2 years after the date the injury occurred. |
| Utah | 4 years after the date the injury occurred. 2 years after the date the injury occurred for medical malpractice claims. 2 years after death for wrongful death claims. |
| Vermont | 3 years after the date the injury occurred. 3 years after incident for medical malpractice claims, or 2 years after discovery of injury. 2 years after death for wrongful death claims. |
| Virginia | 2 years after the date the injury occurred. |
| Washington | 3 years after the date the injury occurred. 3 years after incident for medical malpractice claims, or 1 year after discovery of injury. |
| West Virginia | 2 years after the date the injury occurred. |
| Wisconsin | 3 years after the date the injury occurred (2 years after motor vehicle accident if death results). |
| Wyoming Wyo. Stat. § 1-3-105(a)(iv)(C) | 4 years after the date the injury occurred. 2 years after injury for medical malpractice claims unless discovery occurs in 2nd year, then extended by 6 months. 2 years after death for wrongful death claims. |
4. Strict products liability statute of limitations by state
People can sue for products liability when a device maker (such as an IVC filter medical manufacturer) produced a product with a design, manufacturing, or labeling defect.
The IVC filter lawsuit statute of limitations for products liability varies by state:
| State | Statute of Limitations for Strict Products Liability Claim |
| Alabama Ala. Stat. § 6-2-38 | 2 years from the time the harm is or should have been discovered. |
| Alaska | 2 years from the time the harm is or should have been discovered. |
| Arizona | 2 years from the time the harm is or should have been discovered. |
| Arkansas | 3 years from the time the harm is or should have been discovered. |
| California | 2 years from the time the harm is or should have been discovered. |
| Colorado | 2 years from the time the harm is or should have been discovered. |
| Connecticut | 3 years from the time the harm is or should have been discovered. *10-year statute of repose beginning once the manufacturer or seller parted with the product. |
| Delaware | 2 years from the time the harm is or should have been discovered. |
| District of Columbia | 3 years from the time the harm is or should have been discovered. |
| Florida | 4 years from the time the harm is or should have been discovered. *12-year statute of repose with exceptions. |
| Georgia O.C.G.A. § 9-3-33 | 2 years from the time the harm is or should have been discovered. *1 year from date of death. *10-year statute of repose with exceptions. |
| Hawaii | 2 years from the time the harm is or should have been discovered. |
| Idaho | 2 years from the time the harm occurred. *10-year statute of repose with exceptions. |
| Illinois | 2 years from the time the harm occurred. *12-year or 10-year statute of repose beginning once product is sold or once product is delivered to first owner, respectively. |
| Indiana | 2 years from the time the harm occurred. *10-year statute of repose with exceptions |
| Iowa | 2 years from the time the harm occurred. |
| Kansas | 2 years from the time the harm occurred. |
| Kentucky | 1 year from the time the harm occurred. *5-year or 8-year statute of repose beginning from sale date or manufacture date, respectively. |
| Louisiana | 1 year from the time the harm occurred. |
| Maine | 6 years from the time the harm occurred. |
| Maryland | 3 years from the time the harm occurred. |
| Massachusetts | 3 years from the time the harm occurred. |
| Michigan M.C.L.A. § 600.5805 | 3 years from the time the harm occurred. |
| Minnesota | 4 years from the time the harm occurred. |
| Mississippi | 3 years from the time the harm occurred. |
| Missouri | 5 years from the time the harm occurred. |
| Montana | 3 years from the time the harm occurred. |
| Nebraska | 4 years from the time on which the harm occurred. *10-year statute of repose beginning date product is first sold. |
| Nevada | 4 years from the time the harm occurred. |
| New Hampshire | 3 years from the time on which the harm occurred. *12-year statute of repose beginning once the product is manufactured and sold. |
| New Jersey N.J.S.A. § 2A:14-1 | 2 years from the time the harm occurred. |
| New Mexico | 3 years from the time the harm occurred. |
| New York | 3 years from the time the harm occurred. |
| North Carolina | 3 years from the time the harm is or should have been discovered. |
| North Dakota N.D.C.C § 28-01-16(5) | 6 years from the time the harm occurred. *10-year statute of repose from the date of the initial purchase or within 11 years of the date of manufacture. |
| Ohio | 2 years from the time the harm occurred. |
| Oklahoma | 2 years from the time the harm occurred. |
| Oregon | 2 years from the time the harm occurred. *10-year statute of repose with exceptions. |
| Pennsylvania | 2 years from the time the harm occurred. |
| Rhode Island | 3 years from the time the harm occurred. |
| South Carolina | 3 years from the time the harm occurred. |
| South Dakota S.D.C.L. § 15-2-12.2 | 3 years from the time the harm occurred. *6-year statute of repose beginning after purchase. |
| Tennessee | 1 years from the time the harm occurred. *10-year statute or repose with exceptions. |
| Texas | 2 years from the time the harm occurred. *15-year statute of repose. |
| Utah | 2 years from the time the harm occurred. |
| Vermont | 3 years from the time the harm occurred. |
| Virginia | 2 years from the time the harm occurred. |
| Washington | 3 years from the time the harm occurred. *12-year statute of repose. |
| West Virginia | 2 years from the time the harm occurred. |
| Wisconsin | 3 years from the time the harm occurred. *15-year statute of repose with exceptions. |
| Wyoming Wyo. Stat. § 1-3-105(a)(iv)(C) | 4 years from the time the harm occurred. |
5. Contact an attorney right away
Even if you believe your statute of limitations to bring an IVC filter lawsuit has passed, consult an attorney anyway. You could be mistaken, or there may be workarounds that would allow us to file a timely lawsuit on your behalf.
If you have sustained IVC filter injuries or removal complications, you may be entitled to large financial damages from the medical manufacturer. This includes reimbursement for:
- medical bills,
- pain and suffering, and
- lost wages and future earnings
At Shouse Law Group, our personal injury lawyers fight for our clients in all matters of personal injury cases, including defective medical devices. And you pay us zero dollars unless we win your case.
For a free meeting with our personal injury attorneys, contact us now.