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

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

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Filing deadline3 years from discoveryM.G.L. c. 260 § 2A case law

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

Updated

01 · Your filing deadline

What is the deadline in Massachusetts?

Massachusetts M.G.L. c. 260 § 2A provides a 3-year limitations period for tort claims. Massachusetts applies the discovery rule. A lawyer can confirm yours.

3 years from discovery

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.

Source: M.G.L. c. 260 § 2A case law

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?

Massachusetts applies a 3-year statute of limitations for tort claims (M.G.L. c. 260 § 2A) with the discovery rule. Massachusetts has a 3-year statute of repose for tort claims — unusually short and applied from the time the plaintiff discovered or should have discovered the harm, effectively merging the SOL and repose. This creates complexity that requires attorney evaluation.

Suffolk County Superior Court — Civil Division

3 Pemberton Sq, Boston, MA 02108

Court website

U.S. District Court — D. Massachusetts (Boston)

1 Courthouse Way, Boston, MA 02210

Court website

Medical facilities in Massachusetts

  • Massachusetts General Hospital — Hernia Surgery Program, Department of Surgery

  • Brigham and Women's Hospital — Division of General Surgery

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 Massachusetts.

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 Massachusetts? Read what applies in your state.

Register your interest. If a participating law firm takes these cases, it may contact you.

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Sources

  1. M.G.L. c. 260 § 2A case law