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Delaware · Hernia mesh claims: who can file and what to do

Hernia mesh claims: who can file and what to do in Delaware

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Filing deadline2 years from discovery of mesh-related injury and causationDel. C. § 8119

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

Updated

01 · Your filing deadline

What is the deadline in Delaware?

10 Del. C. § 8119 provides a 2-year limitations period for personal injury actions. Delaware courts apply the discovery rule, delaying accrual until the plaintiff discovers or reasonably should discover the mesh-related injury and its cause. A lawyer can confirm yours.

2 years from discovery of mesh-related injury and causation

Delaware's importance in hernia mesh litigation stems from its corporate law jurisdiction — many mesh manufacturer parent companies (Becton Dickinson, Medtronic) are Delaware corporations, though claims are litigated in MDL 2846 and state courts elsewhere.

Source: Del. C. § 8119

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?

Delaware imposes a 2-year statute of limitations for personal injury product liability claims under 10 Del. C. § 8119. The discovery rule applies, tolling the period until the plaintiff knew or should have known of the injury and its causal link to the hernia mesh device. Delaware is significant for mesh litigation given that Becton Dickinson (parent of Davol/C.R. Bard) and many other defendants are incorporated there.

Medical facilities in Delaware

  • Christiana Care Health System — Surgical Specialties

How this works nationally

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

What happens when I check?

You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

Live in Delaware? Read what applies in your state.

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Sources

  1. Del. C. § 8119