Every medical device lawsuit must be filed within a specific time period called the statute of limitations. Missing this deadline can permanently bar your claim, regardless of how strong your case might be. Understanding these deadlines—and the exceptions that may apply—is essential for protecting your legal rights.

Basic Statute of Limitations Rules

Statutes of limitations for product liability and personal injury claims vary by state, typically ranging from one to six years. The most common limitation period is two to three years, though some states have shorter or longer periods for specific types of claims.

The limitation period generally begins running from one of several possible dates, depending on state law and case circumstances:

Date of injury: In some states, the clock starts when the injury occurs, even if you don't immediately know the device caused it.

Date of discovery: Many states apply a "discovery rule" that starts the limitation period when you knew or reasonably should have known that a defective device caused your injury.

Date of last treatment: Some states use the date of the last medical treatment related to the device.

The Discovery Rule in Medical Device Cases

The discovery rule is particularly important in medical device litigation because patients often don't immediately recognize that a device is causing their problems. Symptoms may develop gradually, be attributed to other causes, or not be connected to the device until years later.

Under the discovery rule, the limitation period doesn't begin until you knew or reasonably should have known three things:

1. You suffered an injury

2. The injury was caused by a defective product

3. A specific defendant manufactured or sold that product

However, the discovery rule has limits. Courts may find that a reasonable person should have discovered the connection earlier, and statutes of repose may impose absolute deadlines regardless of when discovery occurred.

Statutes of Repose

Many states have statutes of repose that set absolute outer limits for filing claims, typically 10-15 years from the date of sale or implantation. Unlike statutes of limitations, statutes of repose are not extended by the discovery rule.

For patients with older medical devices, statutes of repose can bar claims even if complications only recently developed. This makes prompt legal consultation essential when device problems arise.

Tolling Exceptions

Certain circumstances may "toll" (pause) the statute of limitations:

Minor plaintiffs: Limitation periods for children typically don't begin running until they reach the age of majority, usually 18.

Mental incapacity: Plaintiffs who are mentally incapacitated may have tolled limitation periods until capacity is restored.

Fraudulent concealment: If a manufacturer actively concealed evidence of device defects, some states toll the limitation period until the fraud is discovered.

Defendant's absence from state: Some states toll limitations when defendants cannot be served with process because they are outside the state.

State-Specific Variations

Limitation periods and rules vary significantly by state. For example:

California has a two-year statute of limitations for personal injury with a discovery rule and a strict statute of repose.

New York has a three-year limitation period with complex discovery rules.

Texas has a two-year statute of limitations with specific rules for medical devices.

Florida has a four-year limitation for product liability claims with particular discovery provisions.

Protecting Your Rights

To avoid losing your claim to statute of limitations issues:

Consult an attorney promptly when you suspect a medical device has caused injury. Attorneys can determine which deadlines apply to your specific situation.

Don't assume you have time. Even if you think the limitation period hasn't started, a court might disagree about when you should have discovered the problem.

Preserve evidence immediately, including medical records, device identification information, and any documentation of when you first noticed problems.

Act before recalls. When devices are recalled, limitation periods don't restart. If you've been experiencing problems, a recall may prompt you to act, but the deadline may have already passed.