NEWARK, N.J. — A New Jersey judge threw out four lawsuits from victims who said that the Mirena IUD perforated their uteruses on the grounds that they waited too long to file.
The women argued that the state’s two-year statute of limitation did not expire before they filed their lawsuits because, they maintained, the statute did not begin to run until after they discovered that their implants migrated due to a product defect. But Bergen County state District Judge Brian R. Martinotti disagreed, ruling that the filing period began immediately after doctors told the women that their Mirena implants had migrated, even though the victims did not know the reason for their injuries.
In December 2015, the federal judge overseeing the multi-district litigation in the matter dismissed ten lawsuits on similar grounds.
Statute of Limitations
In nearly all states, the victim in a personal injury case, whether the injury was caused by a defective medical device, dangerous drug, car crash, or anything else, has two years from the date of the injury to file a lawsuit. According to the discovery rule, the two year period begins as soon as the victims know, or should know, about their injuries.
Judge Martinotti’s ruling, which is mostly in line with the way other courts interpret the discovery rule, is a very strict interpretation. It is akin to filing a lawsuit that involved a hit-and-run crash. Under this majority rule, the victim has two years to file a suit from the date of the crash and not from the date the driver is identified.
If you or a loved one received bad news from the doctor regarding a medical device, call an attorney straightaway. If the time deadline is missed by even one minute, victims typically lose any claim for compensation.
Our Mirena IUD Attorneys Can Help
Our defective medical device lawyers help if you or someone you care about was harmed while taking this medication. Lawsuits have been filed against the manufacturer by both patients and their families seeking compensation for injuries caused by the defective medical device. You may be entitled to a cash settlement.
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You can afford to have our great team of lawyers on your side. When you choose us, it literally costs nothing to get started. We promise you in writing:
- No money to get started,
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Start Your Liability Claim
Our defective medical device lawyers will help you file your lawsuit. To get started, you can:
- Submit the “Free Case Review Box” on this page, or
- Call (866) 280-4722 any time of day to tell us about your case.
We will listen to your story and answer your questions. If you have a claim, we will start immediately.
WARNING: There are strict time deadlines for filing defective medical device claims.