If you have experienced complications from a Bard PowerPort, you are likely dealing with financial strain, physical pain, and the emotional toll of an injury that could have been prevented. But beyond these immediate concerns, there is a legal clock ticking in the background: the statute of limitations. Missing this critical deadline could mean losing your right to hold the manufacturer accountable, no matter how strong your case might be.
What Is the Statute of Limitations?
The statute of limitations is a law that sets a strict deadline for filing a lawsuit. These time limits exist to ensure that legal claims are brought while evidence is still fresh and witnesses can accurately recall events. In product liability cases involving medical devices like the Bard PowerPort, the statute of limitations typically begins when you discover—or reasonably should have discovered—that your injury was caused by the device.
The timeframe varies by state, ranging from one to six years. Once the statute of limitations expires, you generally lose your right to pursue compensation through the courts, regardless of how valid your claim may be.
State-Level Statutes of Limitations for Medical Device Claims
Because product liability law is primarily governed at the state level, the deadline for filing a Bard PowerPort lawsuit depends on where you live. Here are a few examples:
- One-year deadline: Kentucky, Louisiana, and Tennessee require you to file within one year from when the injury occurred or should have been discovered.
- Two-year deadline: The majority of states—including California, Arizona, Georgia, Illinois, Nevada, Oregon, Texas, and Utah—require filing within two years of when the injury is or should have been discovered.
- Three-year deadline: Massachusetts, Montana, New Mexico, New York, Washington, and several other states provide a three-year window from the date of discovery.
- Four-year deadline: Florida, Nebraska, Wyoming, and Minnesota (in strict liability claims) allow four years from when the injury is or should have been discovered.
- Five-year deadline: Missouri provides five years from the date of discovery.
- Six-year deadline: North Dakota and Maine both offer six years to file a product liability lawsuit. Minnesota allows six years for negligence-based claims.
What Happens If You Miss the Deadline?
If you fail to file your lawsuit within your state’s statute of limitations, the consequences are severe. The court will almost certainly dismiss your case, and you will lose your right to seek compensation for your injuries. This is true even if you have overwhelming evidence that the Bard PowerPort was defective and caused you harm.
There are very few exceptions to these deadlines, such as cases involving minors or certain instances of fraudulent concealment by the manufacturer. To protect your right to compensation, consult with a product liability attorney as soon as you suspect your Bard PowerPort has caused complications.
Speak with a Bard PowerPort Lawyer Today
If you or someone you love has suffered complications from a Bard PowerPort, the clock may already be running on your ability to seek compensation. Estey & Bomberger, LLP has guided hundreds of individuals through complex product liability cases, helping them meet critical deadlines while building thorough, persuasive claims against major medical device manufacturers.
Waiting too long could mean losing your chance at justice, so don’t wait to seek help. Contact us at (800) 260-7197 today to discuss your case with our Bard PowerPort lawsuit attorneys.