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

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Written By
People's Justice Legal Research Team

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

Maryland Data

Exposure in Maryland

Source: Md. Cts. and Jud. Proc. § 5-101 and Maryland case law

Source: Maryland tort law

Source: Maryland Health Services Cost Review Commission

Medical Resources

Clinics & Specialists in Maryland

Johns Hopkins Hospital — Division of General Surgery, Hernia Center

University of Maryland Medical Center — General Surgery Department

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