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Alabama · Bard PowerPort claims: who can file and what to do

Bard PowerPort claims: who can file and what to do in Alabama

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Filing deadline2 years from accrual (no general discovery rule)Code § 6-2-38

Deadlines vary with the facts of each case. A lawyer can confirm yours.

Updated

01 · Your filing deadline

What is the deadline in Alabama?

Alabama has a 2-year statute of limitations for personal injury and products liability claims (Code § 6-2-38). Alabama applies contributory negligence — any plaintiff fault bars all recovery — but this is not applicable in PowerPort design defect cases where the patient bears no responsibility for the polyurethane catheter's degradation. The Northern District of Alabama (Birmingham) is the primary federal venue. A lawyer can confirm yours.

2 years from accrual (no general discovery rule)

Source: Code § 6-2-38

Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.

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A lawyer can check which filing rules apply to your circumstances.

02 · Where cases are heard

Where would my case be heard?

Alabama applies contributory negligence — but this doctrine is inapplicable in PowerPort product design defect claims where the patient has no fault in the catheter fracturing. Alabama has a 2-year SOL. The University of Alabama at Birmingham (UAB) O'Neal Comprehensive Cancer Center is Alabama's NCI-designated cancer center and a major PowerPort implantation program.

Medical facilities in Alabama

  • UAB O'Neal Comprehensive Cancer Center

  • Huntsville Hospital Cancer Care

How this works nationally

For the overall process and updates, read the Bard PowerPort claims: who can file and what to do overview. This page covers the local information available for Alabama.

What happens when I check?

You answer a few short questions about what happened. If you send them, a participating law firm reviews your answers. If the firm takes your case, it explains your options. People's Justice is not a law firm.

Live in Alabama? Read what applies in your state.

If a participating law firm takes your case, it explains your options.

Ask a law firm to review your case

Sources

  1. Code § 6-2-38