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

Statute of Limitations

Maryland Courts and Judicial Proceedings § 5-101 provides a 3-year statute of limitations for personal injury product liability. The discovery rule applies. Maryland has no statute of repose for product liability. Maryland is a pure contributory negligence jurisdiction — if the plaintiff is even 1% at fault, they are barred from recovery. Despite contributory negligence, Maryland's absence of repose and 3-year SOL make it more accessible for mesh claimants with older implants.

3 years from discovery — no statute of repose