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Statute of Limitations
Texas imposes a 2-year statute of limitations for product liability and personal injury claims, measured from the date of discovery of the injury and its cause under Texas's discovery rule. Texas's statute of repose (Tex. Civ. Prac. & Rem. Code § 16.012) bars claims more than 15 years after the product's first sale to the plaintiff. Patients implanted with recalled or discontinued mesh products from the early 2000s should consult an attorney immediately to evaluate repose exposure.
2 years from discovery; 15-year statute of repose from product sale
Where to File in Texas
Texas plaintiffs in hernia mesh litigation are primarily directed to Davol/CR Bard MDL 2846 in S.D. Ohio before Judge Edmund Sargus, which currently holds approximately 30,000 claims and represents the central federal forum for Bard Davol products. Covidien Parietex plaintiffs join MDL 2511, also before Judge Sargus. Atrium C-QUR plaintiffs proceed in MDL 2753 (D.N.H.), and Ethicon/J&J plaintiffs file in the Atlantic County NJ state court mass tort.
Texas imposes a two-year statute of limitations on products liability claims under the Texas Civil Practice & Remedies Code. The discovery rule applies: the limitations period does not begin until a plaintiff knew or should have known that the mesh caused the injury. Mesh injuries — recurrence, bowel obstruction, infection, erosion, and chronic pain — often become diagnosable only years after surgery, making the discovery rule outcome-determinative for many Texas claimants.
Texas is a high-volume surgical state, with major mesh implant activity concentrated in Houston, Dallas-Fort Worth, San Antonio, and Austin. The large elderly and active-labor population elevates hernia repair rates. CR Bard Davol products (Ventralight, PerFix, Marlex) and Covidien Parietex products carry the heaviest defendant product distribution in Texas.
Texas plaintiffs with Ethicon Physiomesh or Prolene Hernia System claims should note that J&J has successfully argued for state court consolidation in Atlantic County, NJ rather than inclusion in any federal MDL. Texas counsel should coordinate with NJ-licensed co-counsel to file directly in the Atlantic County mass tort program.
Exposure in Texas
Source: Texas Health Care Information Collection
Source: Texas Workforce Commission occupational injury data
Source: Tex. Civ. Prac. & Rem. Code § 16.003