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The statute of limitations for IVC filter injury claims varies by state — most states allow 2 years, with New York allowing 3 years. Critically, courts broadly apply the discovery rule in IVC filter cases: because filter fractures are often asymptomatic and detected only on follow-up imaging, the limitations clock typically starts when you knew or reasonably should have known your filter had failed — not necessarily the date of implantation. This protection is vital for patients whose fractures were discovered years after the original procedure.
Participation in Bard MDL 2641 (D. Ariz.) or Cook MDL 2570 (S.D. Ind.) — through a registered short-form complaint — tolls individual state statutes of limitations for enrolled plaintiffs. However, enrollment in the Bard settlement program carries its own deadlines set by PSC leadership. Patients who had IVC filters implanted more than 8 to 10 years ago should seek attorney consultation immediately: a statute of limitations may have run even without symptoms if a court finds a reasonable person would have investigated earlier.
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