Is it too late to sue? Statute of limitations for transvaginal mesh injuries

The right to sue for personal injury has a time limit. This is called the statute of limitations, and it is designed to keep people from filing lawsuits for injuries they sustained a long time ago. However, the statute of limitations can be flexible if the situation warrants it.

In most cases of injuries caused by defective medical devices, the statute of limitations is two years from the time of the injury. However, the injured party may not even be aware that their medical condition or complaint is due to a defective medical device. This is a frequent case with women who have been implanted with a transvaginal mesh to address their pelvic organ prolapsed or stress urinary incontinence. According to the Williams Kherkher website, the most common symptom of transvaginal mesh failure is pelvic pain, which occurs frequently in women of a certain age for a variety of reasons. There is no reason to suspect negligence in such cases.

In one case in Texas, the patient needed four revision surgeries to remove the mesh because she developed complications. However, she had not been aware that the device was the one causing the complications until she heard it in the news a year later, and filed a lawsuit the year after that.

By the time she filed a complaint, it had been two years after her last revision surgery. Technically, she should have not have been able to file. However, she had not known about the defect until a year before, so the judge based the statute of limitations on when she acquired the knowledge.

It is important that you consult with your Houston personal injury attorney before jumping to conclusions about your case. Even if you had your last revision surgery three years ago, but only found out about the defect of transvaginal mesh from reading this post today, then you still have two years in which to file a lawsuit.

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