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

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

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Filing deadline3 years from accrual (§ 5-101); no general product statute of reposeMd. Code, Cts. & Jud. Proc. § 5-101

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

Updated

01 · Your filing deadline

What is the deadline in Maryland?

Maryland has a 3-year statute of limitations for product liability claims (Md. Code, Cts. & Jud. Proc. § 5-101). Maryland applies contributory negligence (bars all recovery if any plaintiff fault exists), but this is inapplicable in product design defect cases where the patient has no fault in the device's fracture. Maryland has no general product statute of repose (the 20-year repose in Md. Code, Cts. & Jud. Proc. § 5-108 covers only improvements to real property). A lawyer can confirm yours.

3 years from accrual (§ 5-101); no general product statute of repose

The District of Maryland (Baltimore) is the primary federal venue.

Source: Md. Code, Cts. & Jud. Proc. § 5-101

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?

Maryland is one of only five US jurisdictions using contributory negligence — but this doctrine does not affect PowerPort cases because device design defect claims involve no patient fault. Maryland has a 3-year SOL for product liability claims. The Sidney Kimmel Comprehensive Cancer Center at Johns Hopkins is one of the world's premier cancer centers.

Medical facilities in Maryland

  • Sidney Kimmel Comprehensive Cancer Center, Johns Hopkins Hospital

  • University of Maryland Medical Center Greenebaum Comprehensive Cancer Center

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 Maryland.

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 Maryland? 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. Md. Code, Cts. & Jud. Proc. § 5-101