Did you know every state has a different deadline for filing your hernia mesh claim? This deadline is called the “statute of limitations” in most states. Other states have a different, similar law called the “statute of repose.” However, only a qualified hernia mesh lawyer in your state can tell you the deadline for filing your claim. No matter where you live, time is limited to file your hernia mesh claim and qualify for compensation. If you don’t file your claim before that deadline, then legally, you cannot qualify for a cash settlement. Learn how these laws work and which ones may apply to your hernia mesh case below.

Find Your State’s Hernia Mesh Claim Statute of Limitations

Most states allow 1-6 years from your injury or last hernia repair surgery to file a claim. Any law that sets your claim-filing deadline based on this date is called a “statute of limitations.” For these states, the clock starts the day your doctor diagnoses your issue or performs your last surgery. If you miss your state’s filing deadline, then you cannot qualify for a cash award. See a list of states with statute of limitations laws for hernia mesh claims below:

• 1 year – Kentucky, Louisiana, Tennessee
• 2 years – Alabama, Alaska, Arizona, California, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Texas, Utah, Virginia, West Virginia
• 3 years – Arkansas, District of Columbia (Washington, D.C.), Maryland, Massachusetts, Michigan, Mississippi, Montana, New Hampshire, New Mexico, New York, North Carolina, Rhode Island, South Carolina, South Dakota, Vermont, Washington, Wisconsin
• 4 years – Florida, Minnesota, Nebraska, Nevada, Wyoming
• 5 years – Missouri
• 6 years – Maine, North Dakota

Statute of Repose States Have Different Hernia Mesh Deadlines

You have more time to claim a cash settlement in a “statute of repose” state. Statute of repose states base their filing deadlines on the defective hernia mesh’s date of use or manufacture. That means you have a set number of years from that date to receive a cash award. Typically, these laws apply to product liability cases, but not negligence or failure to warn hernia mesh claims. See time limits to file hernia mesh claims in states with statute of repose laws below:

• Florida – 12 years from manufactured date if its “useful life” is 10 years or less; otherwise, 20 years
• Georgia – 10 years from hernia mesh manufactured date (excluding “failure to warn” claims)
• Idaho – 10 years from manufactured date
• Illinois – 12 years from manufactured date
• Indiana – 10 years from manufactured date
• Iowa – 15 years from manufactured date
• Kansas – 10 years from manufactured date or “useful safe life” period expires, as defined by the Kansas Product Liability Act
• Kentucky – 5 years from date of surgery or 8 years from device’s date of manufacture
• Nebraska – 10 years
• North Carolina – 12 years
• North Dakota – 10 years from date of first use, or 11 years from device’s date of manufacture (if applicable)
• Oregon – no more than 10 years from date you received it

Get An Experienced Attorney to Review Your Case for Free

If you or a loved one suffered health problems after a hernia mesh surgery, get a free, no-obligation case evaluation from a lawyer today. This evaluation costs you nothing, and it’s the best way to learn how long you have left to file your claim. You may notice that some states listed above have two different filing deadlines. That’s because every state can have a specific deadline for product liability, negligence, wrongful death or failure to warn claims. Since state laws change all the time, it’s important to find a local lawyer with experience handling these cases. To find a qualified attorney near you and get confidential legal advice, complete your free online case evaluation today.