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Written By
People's Justice Legal Research Team
Statute of Limitations
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. 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.
2 years from discovery of mesh-related injury and causation
Delaware Data
Exposure in Delaware
Source: Delaware Health Statistics Center surgical utilization data
Source: Delaware Division of Corporations registration records
Medical Resources