Hernia Mesh (Davol/C.R. Bard) Lawsuit in Massachusetts

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People's Justice Legal Research Team

Statute of Limitations

Massachusetts M.G.L. c. 260 § 2A provides a 3-year limitations period for tort claims. Massachusetts applies the discovery rule. The Massachusetts statute of repose for tort actions is also 3 years from discovery under M.G.L. c. 260 § 2A — the SOL and repose effectively coincide. Massachusetts courts apply the discovery rule to medical device claims, but the 3-year window is firm once discovery is established.

3 years from discovery

Massachusetts Data

Exposure in Massachusetts

Source: Massachusetts hospital quality data

Source: M.G.L. c. 260 § 2A case law

Source: Massachusetts Center for Health Information and Analysis

Medical Resources

Clinics & Specialists in Massachusetts

Massachusetts General Hospital — Hernia Surgery Program, Department of Surgery

Brigham and Women's Hospital — Division of General Surgery

FAQ

Frequently Asked Questions

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